SCHEDULES

F1SCHEDULE 1BINTERNATIONAL DESIGNS

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Amendments (Textual)

PART 1Existing international designs

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1

Subject to sub-paragraph (2), the holder of the international registration to which a protected international registered design (EU) is subject (“the proprietor”) may at any time on or after F2IP completion day serve a notice on the registrar that the design is not to be treated as if it had been registered under this Act.

2

A notice under sub-paragraph (1) may not be served where on or after F2IP completion day—

a

the re-registered international design which derives from the protected international registered design (EU) (or any interest in it)—

i

has been assigned or otherwise transferred except by an assent by personal representatives, or

ii

has had an interest created in it by a mortgage, licence or other instrument; or

b

proceedings based on the re-registered international design have been initiated by the proprietor or with the proprietor's consent.

3

A notice served under sub-paragraph (1) must:

a

identify the protected international registered design (EU); and

b

include the name and address of any person who, to the best of the proprietor's knowledge, has an interest in the protected international registered design (EU).

4

A notice under sub-paragraph (1) is of no effect unless the proprietor in that notice certifies that any such person—

a

has been given not less than three months' notice of the proprietor's intention to serve such a notice; or

b

is not affected by, or if affected consents to, the notice.

5

Where a notice has been served under sub-paragraph (1)—

a

the design ceases with effect from F2IP completion day to be treated as if it had been registered under this Act,

b

the obligation imposed on the registrar under paragraph 2 (entries to be made in the register in relation to designs treated as registered under this Act) ceases to have effect, and

c

the registrar must make any necessary amendments to the register.