The Community Design (Fees) Regulations 2002

Prospective

Statutory Instruments

2002 No. 2942

FEES AND CHARGES

The Community Design (Fees) Regulations 2002

Made

27th November 2002

Laid before Parliament

29th November 2002

Coming into force

1st January 2003

The Secretary of State for Trade and Industry, with the consent of the Treasury, in exercise of the powers conferred on her by section 56(1) and (2) of the Finance Act 1973(1), hereby makes the following Regulations:—

Prospective

1.  These Regulations may be cited as the Community Design (Fees) Regulations 2002 and shall come into force on 1st January 2003. U.K.

Commencement Information

I1 Reg. 1 in force at 1.1.2003, see reg. 1

2.  In these Regulations— U.K.

“the Regulation” means Council Regulation (EC) No. 6/2002 of 12th December 2001 on Community designs(2);

“registered Community design” means a design that complies with the conditions contained in, and is registered in the manner provided for in, the Regulation.

Commencement Information

I2 Reg. 2 in force at 1.1.2003, see reg. 1

3.  Where pursuant to Article 35.1(b) of the Regulation an applicant files an application for a registered Community design at the Patent Office, the applicant shall pay a fee of £15.00 for the services provided pursuant to Article 35.2 of the Regulation. U.K.

Commencement Information

I3 Reg. 3 in force at 1.1.2003, see reg. 1

Melanie Johnson,

Parliamentary Under Secretary of State for Competition, Consumers and Markets,Department of Trade and Industry

26th November 2002

We consent,

Philip Woolas,

Jim Fitzpatrick,

Two of the Lords Commissioners ofHer Majesty’s Treasury

27th November 2002

Prospective

Explanatory Note

(This note is not part of the Regulations)

Article 35 of Council Regulation (EC) No. 6/2002 of 12th December 2001 on Community designs (OJ No. L 3, 5.1.2002, p. 1) (“the Regulation”) provides that applications for a registered Community design may be filed at the central industrial property office (“the office”) of a Member State (Article 35.1). It further provides that a fee may be charged by the office for the receiving of such an application and the forwarding of the same to the Office for Harmonisation in the Internal Market (Article 35.2).

The central industrial property office in the UK is the Patent Office.

These Regulations prescribe the fee of £15.00 for the receipt of, and forwarding by, the Patent Office of an application for a registered Community design pursuant to Article 35 of the Regulation.

A regulatory impact assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies of the assessment are also available from the Intellectual Property Policy Directorate of the Patent Office, Room 3B.38 Concept House, Cardiff Road, Newport NP10 8QQ.

(1)

1973 c. 51.

(2)

OJ No. L 3, 5.1.2002, p. 1.