OffencesU.K.
33 Offences under s. 5.U.K.
(1)If any person fails to comply with any direction given under section five of this Act or makes or causes to be made an application for the registration of a design in contravention of that section, he shall be guilty of an offence and liable—
[F1(a)on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both;
(b)on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
F1S. 33(1)(a)(b) substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 22(2)(4)
F2S. 33(2) repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 22(3)(4), Sch. 8
34 Falsification of register, etc.U.K.
If any person makes or causes to be made a false entry in the register of designs, or a writing falsely purporting to be a copy of an entry in that register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he [F3shall be guilty of an offence and liable—
(a)on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both;
(b)on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both.]
Textual Amendments
F3Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 23(1)(2)
35 Fine for falsely representing a design as registered.U.K.
(1)If any person falsely represents that a design applied to any article sold by him is registered in respect of that article, he shall be liable on summary conviction to [F4a fine not exceeding level 3 on the standard scale]; and for the purposes of this provision a person who sells an article having stamped, engraved or impressed thereon or otherwise applied thereto the word “registered”, or any other word expressing or implying that the design applied to the article is registered, shall be deemed to represent that the design applied to the article is registered in respect of that article.
(2)If any person, after [F5the right in a registered design] has expired, marks any article to which the design has been applied with the word “registered”, or any word or words implying that there is a [F6subsisting right in the design under this Act], or causes any such article to be so marked, he shall be liable on summary conviction to [F7a fine not exceeding level 1 on the standard scale]
Textual Amendments
F4Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(2)(4)
F5Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(3)(a)
F6Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(3)(b)
F7Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(3)(c)
[F835A Offence by body corporate: liability of officers.U.K.
(1)Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2)In relation to a body corporate whose affairs are managed by its members “director” means a member of the body corporate.]
Textual Amendments
F8S. 35A inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 25(1)(2)