Registered Designs Act 1949 (c. 88)

SCHEDULES

[F1 SCHEDULE 1A U.K. EUROPEAN COMMUNITY REGISTERED DESIGNS

Textual Amendments

F1 Schs. 1A, 1B inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 3 para. 3 (with Sch. 5 Pt. 1) (as amended by S.I. 2020/1050, regs. 1(2), 23); 2020 c. 1, Sch. 5 para. 1(1)

PART 5 U.K. Restoration of registered Community design registrations and applications

Restoration of registered Community design to the RCD register U.K.

17 (1) This paragraph applies where:

(a) before [F2 IP completion day] a registered Community design is removed from the RCD register pursuant to the Community Design Regulation, and

(b) on or after [F2 IP completion day] the registration of the said design is restored pursuant to Article 67 of the Continuing Community Design Regulation.

(2)  Where the proprietor of the design files a request with the registrar within the period of six months beginning with the date of such restoration—

(a) the design will be treated as if it were an existing registered Community design on [F2 IP completion day];

(b) the provisions of Part 1 apply to the re-registered design which derives from the existing registered Community design.

Textual Amendments

F2 Words in Sch. 1A substituted in earlier amending provision S.I. 2019/638, Sch. 3 para. 3 (31.12.2020) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 21(c)(i)

Restoration of application for registered Community design U.K.

18 (1) This paragraph applies where—

(a) before [F2 IP completion day] an application for a registered Community design is refused pursuant to the Community Design Regulation; and

(b) on or after [F2 IP completion day] the application is restored pursuant to Article 67 of the Continuing Community Design Regulation (a “relevant application”).

(2) Where a person who has filed a relevant application or a successor in title of that person applies for registration of the same design under this Act within a period beginning with [F2 IP completion day] and ending with the end of the relevant period, the relevant date for the purposes of establishing whether the design which is the subject of the application under this Act is new or has individual character is the earliest of—

(a) the filing date accorded pursuant to Article 38 to the relevant application;

(b) the date of priority (if any) claimed under Article 42 in respect of the relevant application.

(3) In sub-paragraph (2), the “relevant period” means the period of nine months beginning with the day on which the application is restored as referred to in sub-paragraph (1)(b).]

Textual Amendments

F2 Words in Sch. 1A substituted in earlier amending provision S.I. 2019/638, Sch. 3 para. 3 (31.12.2020) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 21(c)(i)