SCHEDULES
F1SCHEDULE 1AEUROPEAN COMMUNITY REGISTERED DESIGNS
PART 2Applications for registered Community designs which are pending at F2IP completion day
Words 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)
11Applications for registration pending immediately before F2IP completion day
1
In this Part references to an existing EU application are to an application for registration of a design under the Community Design Regulation in respect of which the conditions in sub-paragraph (2) are satisfied.
2
The conditions referred to in sub-paragraph (1) are that immediately before F2IP completion day—
a
the application has been accorded a filing date pursuant to Article 38; and
b
the application has been neither granted nor refused by the European Union Intellectual Property Office.
12
1
Where a person who has filed an existing EU application or a successor in title of that person applies for registration of the same design under this Act within a period beginning with F2IP completion day and ending with the end of the relevant period, the relevant date for the purposes of establishing whether (or to what extent) the design which is the subject of the application under this Act is new or has individual character is the earliest of—
a
the filing date accorded pursuant to Article 38 to the existing EU application;
b
the date of priority (if any) claimed under Article 42 in respect of the existing EU application.
2
In sub-paragraph (1), the “relevant period” means the period of nine months beginning with the day after that on which F2IP completion day falls.
3
For the purposes of this Act—
a
where an application is made of the type referred to in sub-paragraph (1) within the period referred to in that sub-paragraph, the date of the application is the filing date accorded pursuant to Article 38 to the existing EU application, and
b
where the registrar registers a design which is the subject of an application of the type referred to in sub-paragraph (1) which is made within the period referred to in that sub-paragraph, the date of registration of the design is the filing date accorded pursuant to Article 38 to the existing EU application.
4
Accordingly section 3C does not apply in relation to the design.
Schs. 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)