Registered Designs Act 1949, Paragraph 16 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F116(1)Where the registration of an expired Community design is renewed in accordance with Article 13(3) of the Continuing Community Design Regulation the registrar must, as soon as reasonably practicable after the date of such renewal, record in the register of designs the extension of the period for which subsists the right in the re-registered design which derives from the expired Community design.
(2)Where the period for which the right in a re-registered design subsists is extended under sub-paragraph (1), the right is to be treated as if it had never expired, with the result that—
(a)anything done under or in relation to the right in the period beginning with [F2IP completion day] and ending with the extension under sub-paragraph (1) is to be treated as valid,
(b)an act which would have constituted an infringement of the right if it had not expired is to be treated as an infringement, and
(c)an act which would have constituted use of the design for the services of the Crown if the right had not expired is to be treated as such use.
(3)If the registration of an expired Community design is not renewed within the time period permitted by Article 13(3) of the Continuing Community Design Regulation—
(a)the registrar must remove from the register of designs the re-registered design which derives from the expired Community design; and
(b)the re-registered design ceases with effect from [F2IP completion day] to be treated as if it had been registered under this Act.
(4)In this Schedule “the Continuing Community Design Regulation” means the Council Regulation (EC) No 6/2002 of 12th December 2001 on Community Designs as it has effect in EU law.]
Textual Amendments
F1Schs. 1A, 1B inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 3 para. 3 (with Sch. 5 Pt. 1) (as amended by S.I. 2020/1050, regs. 1(2), 23); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Sch. 1A substituted in earlier amending provision S.I. 2019/638, Sch. 3 para. 3 (31.12.2020) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 21(c)(i)
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