The Designs (Amendment) Rules 1988

Statutory Instruments

1988 No. 2088

DESIGNS

The Designs (Amendment) Rules 1988

Made

29th November 1988

Laid before Parliament

7th December 1988

Coming into force

1st January 1989

The Secretary of State, in exercise of the powers conferred upon him by sections 17(5) and (6), 36 and 40 of the Registered Designs Act 1949(1) and now vested in him(2) and after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971(3) and with the consent of the Treasury pursuant to the said section 40, hereby makes the following Rules:

1.  These Rules may be cited as the Designs (Amendment) Rules 1988 and shall come into force on 1st January 1989.

2.—(1) For rule 51 of the Designs Rules 1984(4) there shall be substituted the following–

“CERTIFICATES AND COPIES SUPPLIED BY REGISTRAR

Certificates supplied by Registrar

51.   Upon request made on Form Designs No. 23 and payment of the appropriate fee—

(a) the Registrar shall supply a certified copy of an entry in the Register or a certified extract from the Register; and

(b) the Registrar may supply—

(i) a certified copy of any representation, specimen or document kept in the Patent Office or a certified extract from any such document; or

(ii) a certificate for the purposes of section 17(9).

Copies supplied by Registrar

51A.   Upon request and payment of the appropriate fee–

(a) the Registrar shall supply an uncertified copy of an entry in the Register or an uncertified extract from the Register; and

(b) the Registrar may supply an uncertified copy of any representation or document kept in the Patent Office or an uncertified extract from any such document.”.

(2) There shall be substituted for Form Designs No.23 as set out in Schedule 2 to the Designs Rules 1984 the form set out in the Schedule hereto.

(3) The Schedule to the Registered Designs (Fees) Rules 1988(5) shall be amended as follows—

(a) for item 19 there shall be substituted the following–

“19.   On request for certificate of the Registrar—

(a) sealed and attached to document ... ... ... ...	7	Designs No. 23
(b) by impression by document ... ... ... ...	3	Designs No. 23”;

(b) for item 25 there shall be substituted the following—

“25.   On request for uncertified copy or extract under Rule 51A ... ... ... ...

2

—.”

Eric Forth

Department of Trade and Industry

29th November 1988

We consent to the making of these Rules.

David Maclean

Kenneth Carlisle

Two of the Lords Commissioners of Her Majesty’s Treasury

29th November 1988

Rule 2(2)

SCHEDULE REVISED FORM DESIGNS NO.23 [FORM]

Explanatory Note

(This note is not part of the Rules)

These Rules substitute a new rule 51 and introduce a new rule 51A in the Designs Rules 1984. The new rules relate to certificates and copies supplied by the Registrar of Designs. The amendments are consequential upon the coming into force on 1st January 1989 of the remaining provisions of the Patents, Designs and Marks Act 1986. Amendments consequential on the amendments to the Designs Rules are made to the Registered Designs (Fees) Rules 1988. A fee is introduced for the supply by the Registrar of uncertified copies of entries in or extracts from the Register of Designs and of copies of and extracts from documents kept in the Patent Office. Form Designs No.23 is revised.

(1)

1949 c. 88; section 17 of the Registered Designs Act 1949 was substituted by the Patents, Designs and Marks Act 1986 (c. 39), Schedule 1, paragraph 3.

(2)

S.I. 1970/1537.

(3)

1971 c. 62.

(4)

S.I. 1984/1989, to which there are amendments not relevant to these Rules.

(5)

S.I. 1988/856.