Registered Designs Act 1949

20 Rectification of register. U.K.

(1) The court may, on the application of [F1 the relevant person], order the register of designs to be rectified by the making of any entry therein or the variation or deletion of any entry therein.

[F2 (1A) In subsection (1) above “the relevant person” means—

(a) in the case of an application invoking any ground referred to in section 1A(1)(c) of this Act, any person concerned by the use in question;

(b) in the case of an application invoking the ground mentioned in section 1A(2) of this Act, the appropriate person;

(c) in the case of an application invoking any ground mentioned in section 11ZA(2), (3) or (4) of this Act, the person able to make the objection;

(d) in any other case, any person aggrieved.

(1B) In subsection (1A) above “the appropriate person” means, in relation to an earlier design protected by virtue of registration under this Act[F3 or the Community Design Regulation] or an application for such registration, the registered proprietor of the design[F4 , the holder of the registered Community design] or (as the case may be) the applicant.]

(2) In proceedings under this section the court may determine any question which it may be necessary or expedient to decide in connection with the rectification of the register.

(3) Notice of any application to the court under this section shall be given in the prescribed manner to the registrar, who shall be entitled to appear and be heard on the application, and shall appear if so directed by the court.

(4) Any order made by the court under this section shall direct that notice of the order shall be served on the registrar in the prescribed manner; and the registrar shall, on receipt of the notice, rectify the register accordingly.

[F5 (5) A rectification of the register under this section has effect as follows—

(a) an entry made has effect from the date on which it should have been made,

(b) an entry varied has effect as if it had originally been made in its varied form, and

(c) an entry deleted shall be deemed never to have had effect,

unless, in any case, the court directs otherwise.]

[F6 (6) Orders which may be made by the court under this section include, in particular, declarations of partial invalidity.]

Textual Amendments

F1 Words in s. 20(1) substituted (9.12.2001) by S.I. 2001/3949, reg. 8(2) (with transitional provisions in regs. 10-14)

F2 S. 20(1A)(1B) inserted (9.12.2001) by S.I. 2001/3949, reg. 8(3) (with transitional provisions in regs. 10-14)

F3 Words in s. 20(1B) inserted (1.4.2003) by Registered Designs Regulations 2003 (S.I. 2003/550), regs. 1(1), 2(4)(a) (with regs. 3-5)

F4 Words in s. 20(1B) inserted (1.4.2003) by Registered Designs Regulations 2003 (S.I. 2003/550), regs. 1(1), 2(4)(b) (with regs. 3-5)

F5 S. 20(5) added by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 11

F6 S. 20(6) added (9.12.2001) by S.I. 2001/3949, reg. 8(4) (with transitional provisions in regs. 10-14)