(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]
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F2Words in s. 35(1) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 10(2)(b)(e), Sch. 2 (with transitional provisions in regs. 10-14)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)