The Community Design Regulations 2005

[F1Meaning of “infringing article”U.K.

This section has no associated Explanatory Memorandum

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

(b)its making to that design in the United Kingdom would have been an infringement of a [F3supplementary unregistered] design or a breach of an exclusive licensing agreement relating to that [F3supplementary unregistered] design.

(4) Where it is shown that an article is made to a design which is or has been a [F4supplementary unregistered] design, it shall be presumed until the contrary is proved that the article was made at a time when the right in the [F4supplementary unregistered] design subsisted.

(5) Nothing in paragraph (3) shall be construed as applying to an article which—

[F5(a)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.]]

[F6(5A) 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.]

Textual Amendments