Registered Designs Act 1949 Registrable designs and proceedings for registration1 Registration of designs.1A Substantive grounds for refusal of registration.1B Requirement of novelty and individual character.1C Designs dictated by their technical function.1D Designs contrary to public policy or morality.2 Proprietorship of designs.3 Applications for registration.3A Determination of applications for registration.3B Modification of applications for registration.3C Date of registration of designs.3D Appeals in relation to applications for registration.4 Registrable designs and proceedings for registration5 Provisions for secrecy of certain designs.6 Registrable designs and proceedings for registrationEffect of registration, etc.7Right given by registration.7AInfringements of rights in registered designs.7BRight of prior use8Duration of right in registered design.8ARestoration of lapsed right in design.8BEffect of order for restoration of right.9Exemption of innocent infringer from liability for damages.10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11Cancellation of registration.11ZAGrounds for invalidity of registration.11ZBApplications for declaration of invalidity.11ZCDetermination of applications for declaration of invalidity.11ZDModification of registration.11ZEEffect of cancellation or invalidation of registration.11ZFAppeals in relation to cancellation or invalidation.11APowers exercisable for protection of the public interest.11ABPowers exercisable following merger and market investigations11B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12Use for services of the Crown.12AApplication of the Act to certain registered Community designs12BApplication of the Act to certain international designs International Arrangements13 Orders in Council as to convention countries.14 Registration of design where application for protection in convention country has been made.15 Extension of time for applications under s. 14 in certain cases.15ZAAccession to the Hague AgreementProperty in and dealing with registered designs and applications15AThe nature of registered designs15BAssignment, &c of registered designs and applications for registered designs15CExclusive licences16 International Arrangements Register of designs, etc .17 Register of designs etc. 18 Certificate of registration.19 Registration of assignments, etc.20 Rectification of register.21 Power to correct clerical errors.22Inspection of registered designs.23 Information as to existence of right in registered design. Legal proceedings: general24AAction for infringement24BExemption of innocent infringer from liability24COrder for delivery up24DOrder as to disposal of infringing articles, &c24EJurisdiction of county court and sheriff court24FRights and remedies of exclusive licensee24GMeaning of “infringing article”24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Certificate of contested validity of registration.25APrivilege for communications with those on the special list of professional designs representatives Unjustified threats 26Threats of infringement proceedings26AActionable threats26BPermitted communications26CRemedies and defences26DProfessional advisers26ESupplementary: pending registration26FSupplementary: proceedings for delivery up etc. Meaning of “the court” and appeals 27 The court.27AAppeals from decisions of registrar27BPersons appointed to hear and determine appeals28 The Appeal Tribunal. Opinions service28AOpinions on designs Powers and Duties of Registrar29 Exercise of discretionary powers of registrar.30 Costs and security for costs.31 Evidence before registrar.31APower to require use of forms32 Powers and Duties of Registrar Offences33 Offences under s. 5.34 Falsification of register, etc.35 Fine for falsely representing a design as registered.35ZAOffence of unauthorised copying etc. of design in course of business35ZBSection 35ZA: enforcement35ZCSection 35ZA: forfeiture in England and Wales or Northern Ireland35ZDSection 35ZA: forfeiture in Scotland35AOffence by body corporate or partnership: liability of officers or partners Rules, etc.36 General power of Board of Trade to make rules, etc. 37 Provisions as to rules and Orders.37AUse of electronic communications38 Supplemental39 Hours of business and excluded days.40 Fees.41 Service of notices, etc., by post.42 Annual report of registrar.43 Savings.44 Interpretation.45 Application to Scotland46 Application to Northern Ireland.47 Application to Isle of Man.47A Territorial waters and the Continental shelf.48 Repeals, savings, and transitional provisions.49 Short title and commencement. SCHEDULESSCHEDULE A1 Grounds for refusal of registration in relation to emblems etc.1Grounds for refusal in relation to certain emblems etc.2Grounds for refusal in relation to emblems etc. of Paris Convention countries3Grounds for refusal in relation to emblems etc. of certain international organisationsParagraphs 2 and 3: supplementary4(1) For the purposes of paragraph 2 above state emblems...Interpretation5In this Schedule— “a Paris Convention country” means a country,...FIRST SCHEDULE Provisions as to the use of Registered Designs for the services of the Crown and as to the Rights of Third Parties in respect of such use1 Use of registered designs for services of the Crown.2 Rights of third parties in respect of Crown use. 2A Compensation for loss of profit.3 Reference of disputes as to Crown use.4 Special provisions as to Crown use during emergency.SCHEDULE 1AEUROPEAN COMMUNITY REGISTERED DESIGNSPART 1Existing registered Community designs1Designs registered as Community designs to be treated as registered under the Act2Entries to be made in the register in relation to designs treated as registered under this Act3Opt out4Effect of claim of priority5Unregistered pre-exit transfers6Pre-exit licences to continue to have effect in the United Kingdom7Security interests in existing registered Community designs8Continuity of rights in relation to an existing registered Community design9Pending proceedings concerning an existing registered Community design9AExisting registered Community design: effect of invalidity10Effect of injunction protecting an existing registered Community designPART 2Applications for registered Community designs which are pending at IP completion day11Applications for registration pending immediately before IP completion day12(1) Where a person who has filed an existing EU...PART 3Registered Community designs where publication is deferred at IP completion day13Designs registered at the EUIPO immediately before IP completion day where publication is deferred14(1) This paragraph applies where the proprietor of a deferred...PART 4Treatment of registered Community designs whose registrations expire during the period of six months ending on IP completion day15Application of Part16Renewal of registration of an expired Community designPART 5Restoration of registered Community design registrations and applications17Restoration of registered Community design to the RCD register18Restoration of application for registered Community designPART 6Interpretation19Interpretation20References in this Schedule to an “Article” are to an...SCHEDULE 1BINTERNATIONAL DESIGNSPART 1Existing international designs1International designs in respect of which the European Union is designated to be treated as registered under the Act2Entries to be made in the register in relation to designs treated as registered under this Act3Opt out4Effect of claim of priority5Unregistered pre-exit transfers6Pre-exit licences to continue to have effect in the United Kingdom7Security interests in protected ... international registered designs (EU)8Continuity of rights in relation to a protected international registered design (EU)9Pending proceedings concerning a protected international registered design (EU)10Effect of injunction protecting a protected international registered design (EU)PART 2International registrations in respect of which the period for refusal has not expired before IP completion day etc11(1) In this Part references to a “pending international design...12(1) Where the holder of the international registration to which...PART 3Treatment of international registered designs whose registrations expire during the period of six months ending on IP completion day13Application of Part14Renewal of registration of an expired international designPART 4Interpretation15InterpretationSECOND SCHEDULERegistered Designs Act 19491949 CHAPTER 88 12 13 and 14 Geo 6An Act to consolidate certain enactments relating to registered designs.[16th December 1949]
