Registered Designs Act 1949

[F111ZD Modification of registration.U.K.

(1)Subsections (2) and (3) below apply where the registrar intends to declare the registration of a design invalid [F2under section 11ZA(1)(b) or (c), (1A), (3) or (4)] of this Act.

(2)The registrar shall inform the registered proprietor of that fact.

(3)The registered proprietor may make an application to the registrar for the registrar to make such modifications to the registration of the design as the registered proprietor specifies in his application.

(4)Such modifications may, in particular, include the inclusion on the register of a partial disclaimer by the registered proprietor.

(5)If it appears to the registrar that the application has not been made in accordance with any rules made under this Act, the registrar may refuse the application.

(6)If it appears to the registrar that the identity of the design is not retained or the modified registration would be invalid by virtue of section 11ZA of this Act, the registrar shall refuse the application.

(7)Otherwise the registrar shall make the specified modifications.

(8)A modification of a registration made under this section shall have effect, and be treated always to have had effect, from the grant of registration.]

Textual Amendments

F1Ss. 11-11ZF substituted (9.12.2001) for s. 11 by S.I. 2001/3949, reg. 7 (with transitional provisions in regs. 10-14)