Registered Designs Act 1949

Rules, etc. U.K.

36 General power of Board of Trade to make rules, etc. U.K.

(1) Subject to the provisions of this Act, [F1 the Secretary of State,] may make such rules [F1 as he thinks expedient] for regulating the business of the Patent Office in relation to designs and for regulating all matters by this Act placed under the direction or control of the registrar or [F1 the Secretary of State,] . . . F2 .

[F3 (1A) Rules may, in particular, make provision—

(a) prescribing the form of applications for registration of designs and of any representations or specimens of designs or other documents which may be filed at the Patent Office, and requiring copies to be furnished of any such representations, specimens or documents;

[F4 (ab) requiring applications for registration of designs to specify—

(i) the products to which the designs are intended to be applied or in which they are intended to be incorporated;

(ii) the classification of the designs by reference to such test as may be prescribed;]

(b) regulating the procedure to be followed in connection with any application or request to the registrar or in connection with any proceeding before him, and authorising the rectification of irregularities of procedure;

(c) providing for the appointment of advisers to assist the registrar in proceedings before him;

(d) regulating the keeping of the register of designs;

(e) authorising the publication and sale of copies of representations of designs and other documents in the Patent Office;

(f) prescribing anything authorised or required by this Act to be prescribed by rules.

(1B) The remuneration of an adviser appointed to assist the registrar shall be determined by the Secretary of State with the consent of the Treasury and shall be defrayed out of money provided by Parliament.]

(2) Rules made under this section may provide for the establishment of branch offices for designs and may authorise any document or thing required by or under this Act to be filed or done at the Patent Office to be filed or done at the branch office at Manchester or any other branch office established in pursuance of the rules.

Subordinate Legislation Made

P1 S. 36: for previous exercises of this power see Index to Government Orders

P2 S. 36: s. 36 (with ss. 40 and 44(1)) power exercised by S.I. 1991/1628

P3 S. 36:s. 36(1):power exercised by S.I. 1991/675

Textual Amendments

F1 Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 26(2)

F2 Words repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 26(3)

F3 S. 36(1A)(1B) added by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 26(3)

F4 S. 36(1A)(ab) inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 11 (with transitional provisions in regs. 10-14)

Modifications etc. (not altering text)

C1 S. 36 extended by Copyright Act 1956 (c. 74), s. 10(5)

37 Provisions as to rules and Orders. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2) Any rules made by [F6 the Secretary of State] in pursuance of [F7 section 15 of this Act], and any order made, direction given, or other action taken under the rules by the registrar, may be made, given or taken so as to have effect as respects things done or omitted to be done on or after such date, whether before or after the coming into operation of the rules or of this Act, as may be specified in the rules.

(3) Any power to make rules conferred by this Act on [F6 the Secretary of State] or on the Appeal Tribunal shall be exercisable by statutory instrument; and the M1 Statutory Instruments Act 1946, shall apply to a statutory instrument containing rules made by the Appeal Tribunal in like manner as if the rules had been made by a Minister of the Crown.

(4) Any statutory instrument containing rules made by [F6 the Secretary of State] under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Any Order in Council made under this Act may be revoked or varied by a subsequent Order in Council.

Textual Amendments

F5 S. 37(1) repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 27(2), Sch. 8

F6 Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 27(3)

F7 Words in s. 37(2) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 12 (with transitional provisions in regs. 10-14)

Marginal Citations

M1 1946 c. 36.

38

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F8 S. 38(1) repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 28, Sch. 8

F9 S. 38(2)(3) repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 28, Sch. 8