The Registered Designs Act 1949 (Isle of Man) Order 1989

Statutory Instruments

1989 No. 982

DESIGNS

The Registered Designs Act 1949 (Isle of Man) Order 1989

Made

13th June 1989

Coming into force

1st August 1989

At the Court at Buckingham Palace, the 13th day of June 1989

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 47 of the Registered Designs Act 1949(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Registered Designs Act 1949 (Isle of Man) Order 1989 and shall come into force on 1st August 1989.

2.  The Registered Designs Act 1949(2) shall, as it has effect in the Isle of Man, be subject to the modifications specified in the Schedule to this Order.

G. I. de Deney

Clerk of the Privy Council

Article 2

SCHEDULE MODIFICATIONS SUBJECT TO WHICH THE REGISTERED DESIGNS ACT 1949 HAS EFFECT IN THE ISLE OF MAN

1.—(1) Any reference to an Act of Parliament (including the Registered Designs Act 1949) or to a provision of such an Act shall be construed, unless the contrary intention appears, as a reference to that Act or provision as it has effect in the Isle of Man.

(2) Notwithstanding section 47, any reference to the United Kingdom which occurs in the expression “His Majesty’s Government in the United Kingdom” does not include the Isle of Man.

(3) References to the Crown include the Crown in right of the Government of the Isle of Man.

(4) References to a Government department shall be construed as including references to a Department of the Government of the Isle of Man, and in relation to such a Department references to the Treasury shall be construed as references to the Treasury of the Isle of Man.

2.  For section 27 substitute –

In this Act “the court” means Her Majesty’s High Court of Justice of the Isle of Man.”.

3.  In section 28(5), for paragraphs (a) and (b) substitute “in the Isle of Man, in the same way as an execution issued out of the court”.

4.  In section 30(2), for paragraphs (a) and (b) substitute “in the Isle of Man, in the same way as an execution issued out of the court”.

5.  In section 33(1)(a), for “indictment” substitute “information”.

6.  In section 34(a), for “indictment” substitute “information”.

7.  In section 44, after subsection (1) insert –

References in this section to the Copyright, Designs and Patents Act 1988 are to that Act as it has effect in England and Wales.”.

8.  Omit sections 45 and 46.

Explanatory Note

(This note is not part of the Order)

This Order modifies the Registered Designs Act 1949, as amended, in its application to the Isle of Man.

(1)

1949 c. 88; section 47 has been substituted by paragraph 34 of Schedule 3 to the Copyright, Designs and Patents Act 1988 (c. 48).

(2)

Section 17 has been substituted by Schedule 1 to, and section 24 repealed by Schedule 3 to, the Patents, Designs and Marks Act 1986 (c. 39) and the Act has been extensively amended by Part IV of, and Schedule 3 to, the Copyright, Designs and Patents Act 1988 (Schedule 8 to which effects the repeal of certain provisions); there are a number of other amendments and repeals which are not relevant to this Order.