The Community Design Regulations 2005 No. 2339

SCHEDULE U.K. USE OF [F1 supplementary unregistered] DESIGNS FOR SERVICES OF THE CROWN

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)

Settlement of terms for Crown use U.K.

2.—(1) Where Crown use is made of a [F1 supplementary unregistered] design, the government department concerned shall—

(a) notify the holder of the [F1 supplementary unregistered] design as soon as practicable, and

(b) give him such information as to the extent of the use as he may from time to time require,

unless it appears to the department that it would be contrary to the public interest to do so or the identity of the holder of the [F1 supplementary unregistered] design cannot be ascertained on reasonable inquiry.

(2) Crown use of a [F1 supplementary unregistered] design shall be on such terms as, either before or after the use, are agreed between the government department concerned and the holder of the [F1 supplementary unregistered] design with the approval of the Treasury or, in default of agreement, are determined by the [F2 design] court.

(3) In the application of sub-paragraph (2) to Northern Ireland the reference to the Treasury shall, where the government department referred to in that sub-paragraph is a Northern Ireland department, be construed as a reference to the Department of Finance and Personnel.

(4) In the application of sub-paragraph (2) to Scotland, where the government department referred to in that sub-paragraph is any part of the Scottish Administration, the words “with the approval of the Treasury” are omitted.

(5) Where the identity of the holder of the [F1 supplementary unregistered] design cannot be ascertained on reasonable inquiry, the government department concerned may apply to the [F2 design] court who may order that no royalty or other sum shall be payable in respect of Crown use of the [F1 supplementary unregistered] design until the holder agrees terms with the department or refers the matter to the [F2 design] court for determination.

Textual Amendments

F2 Word in Sch. inserted (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)(b) (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)