F1Meaning of “infringing article”1D
1
In these Regulations “infringing article”, in relation to a design, shall be construed in accordance with this regulation.
2
An article is an infringing article if its making to that design was an infringement of a F2supplementary unregistered design.
3
An article is also an infringing article if—
a
it has been or is proposed to be imported into the United Kingdom, and
4
5
Nothing in paragraph (3) shall be construed as applying to an article which—
F5a
may be lawfully imported into the United Kingdom by virtue of anything which forms part of assimilated law as a result of section 3 of the European Union (Withdrawal) Act 2018, or
b
has been or is proposed to be imported into the United Kingdom after being put on the market in the European Economic Area by or with the consent of the holder of the supplementary unregistered design.
F65A
In subsection (5)(a), the reference to assimilated law is to be read, until the coming into force of paragraph 2(6) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023, as a reference to retained EU law.