The Community Design Regulations 2005

Use of [F1 supplementary unregistered] design for services of the Crown U.K.

1.—(1) A government department, or a person authorised in writing by a government department, may without the consent of the holder of a [F1 supplementary unregistered] design—

(a) do anything for the purpose of supplying products for the services of the Crown, or

(b) dispose of products no longer required for the services of the Crown;

and nothing done by virtue of this paragraph infringes the [F1 supplementary unregistered] design.

(2) References in this Schedule to “the services of the Crown” are limited to those which are necessary for essential defence or security needs.

(3) In this Schedule—

“Crown use”, in relation to a [F1 supplementary unregistered] design, means the doing of anything by virtue of this paragraph which would otherwise be an infringement of the [F1 supplementary unregistered] design; and

“the government department concerned”, in relation to such use, means the government department by whom or on whose authority the act was done.

(4) The authority of a government department in respect of Crown use of a [F1 supplementary unregistered] design may be given to a person either before or after the use and whether or not he is authorised, directly or indirectly, by the holder of the [F1 supplementary unregistered] design to do anything in relation to the design.

(5) A person acquiring anything sold in the exercise of powers conferred by this paragraph, and any person claiming under him, may deal with it in the same manner as if the Crown was the holder of the [F1 supplementary unregistered] design.

Textual Amendments

F1 Words in Sch. substituted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 1 para. 64(2)(a) (with reg. 4, Sch. 2 Pt. 2) (as amended by S.I. 2020/1050, regs. 1(2), 14, 20); 2020 c. 1, Sch. 5 para. 1(1)