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Registered Designs Act 1949
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Changes over time for: Section 35
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Registered Designs Act 1949, Section 35 is up to date with all changes known to be in force on or before 23 December 2024. 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.
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Changes and effects yet to be applied to Section 35:
- s. 22(1)(aa) and word inserted by 2014 c. 18 s. 9(2)
- s. 22(5) inserted by 2014 c. 18 s. 9(4)
- s. 22(6) (7) inserted by 2014 c. 18 s. 9(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 22(1)(aa) and word inserted by 2014 c. 18 s. 9(2)
- s. 22(5) inserted by 2014 c. 18 s. 9(4)
- s. 22(6) (7) inserted by 2014 c. 18 s. 9(5)
35 Fine for falsely representing a design as registered.U.K.
(1)If any person falsely represents that a design applied to [F1, or incorporated in, any product] sold by him is registered F2. . ., he shall be liable on summary conviction to [F3a fine not exceeding level 3 on the standard scale]; and for the purposes of this provision a person who sells [F1a product] 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 [F1, or incorporated in, the product] is registered, shall be deemed to represent that the design applied to [F1, or incorporated in, the product] is registered F2. . ..
(2)If any person, after [F4the right in a registered design] has expired, marks [F1any product] to which the design has been applied [F5or in which it has been incorporated] 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 [F1such product] to be so marked, he shall be liable on summary conviction to [F7a fine not exceeding level 1 on the standard scale]
[F8(3)For the purposes of this section, the use in the United Kingdom in relation to a design—
(a)of the word “registered”, or
(b)of any other word or symbol importing a reference (express or implied) to registration,
shall be deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in the United Kingdom and that the design is in fact so registered.]
Textual Amendments
F1Words in s. 35(1)(2) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 10(2)(a)(c)(d)(3)(a)(c) (with transitional provisions in regs. 10-14)
F2Words in s. 35(1) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 10(2)(b)(e), Sch. 2 (with transitional provisions in regs. 10-14)
F3Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(2)(4)
F4Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(3)(a)
F5Words in s. 35(2) inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 10(3)(b) (with transitional provisions in regs. 10-14)
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)
F8S. 35(3) inserted (1.10.2005) by Community Design Regulations 2005 (S.I. 2005/2339), regs. 1(1), 6
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