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There are currently no known outstanding effects for the The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019.
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3.Amendments to the Design Regulation and the 2005 Regulations relating to the creation and application of the supplementary unregistered design etc.
4.Unregistered Community designs existing immediately before IP completion day
5.Certain registered Community designs and international designs to have effect under the 1949 Act
7.Fees payable in respect of re-registered designs, international re-registered designs, and comparable trade marks (IR)
PART 1 Design Regulation and supplementary unregistered designs
2.Substitution of Article 1 – supplementary unregistered designs
3.Omission of Article 2 (European Union Intellectual Property Office)
9.Amendments to Articles 8 to 10 (technical function, interconnections, public policy and morality)
10.Amendments to Article 11 (commencement and term of protection of the unregistered Community design)
11.Omission of Articles 12 and 13 (registered Community design: commencement, term of protection and renewal)
12.Amendment to the heading of section 3 of Title 2 (right to the Community design)
14.Amendments to Article 15 (claims relating to the entitlement to a Community design)
15.Omission of Articles 16 to 18 (effects of a judgment on entitlement, presumption, right to be cited)
16.Amendment to the heading of section 4 of Title 2 (effects of the Community design)
17.Amendments to Article 19 (rights conferred by the Community design)
18.Amendments to Article 20 (limitation of the rights conferred by a Community design)
20.Omission of Articles 22 and 23 (prior use and government use)
24.Amendment to the heading of Title 3: supplementary unregistered designs as objects of property
25.Amendments to Article 27: supplementary unregistered design rights as national design rights
26.Omission to Articles 28 to 31 (transfer, rights in rem, levy and insolvency)
29.Amendment to the heading of Title 9 (jurisdiction and procedure in legal actions relating to Community designs)
30.Omission of Article 79 (application of the Convention on jurisdiction and enforcement)
31.Amendment to the heading of section 2 (disputes concerning infringement and validity of designs) of Title 9
33.Substitution of Article 81 (The “design court” – jurisdiction over infringement and validity)
35.Amendments to Article 84 (action or counterclaim for a declaration of invalidity of a supplementary unregistered design)
36.Amendments to Article 85 (presumption of validity – defence as to the merits)
38.Omission of Articles 87 and 88 (effect of judgment on invalidity and applicable law)
39.Amendments to Article 89 (sanctions in actions for infringement)
40.Amendments to Article 90 (provisional measures, including protective measures)
41.Omission of Articles 91 and 92 (specific rules on related actions and appeals)
42.Amendment to the heading of section 3 (other disputes concerning Community designs) of Title 9
43.Omission of Articles 93 (supplementary provisions on the jurisdiction of national courts)
44.Amendments to Article 94 (obligation of the national court)
45.Omission of Title 10 (effects on the laws of the Member States)
46.Omission of Title 11 (supplementary provisions regarding the Office)
48.Omission of Articles 107 to 109 (implementing regulation, procedure of Boards of Appeal and Committee)
50.Omission of Article 110a (provisions relating to the enlargement of the Community)
PART 2 2005 Regulations and the supplementary unregistered design right
Continuing unregistered Community designs
PART 1 Design Regulation and continuing unregistered Community designs
1.(1) The Design Regulation applies to a continuing unregistered community...
3.In Article 1— (a) in the heading, before “Community”, insert...
10.Articles 8 to 10: technical function, interconnections, public policy, morality and protection
12.Articles 12 and 13: registered Community design: commencement, term of protection and renewal
14.Article 15: claims relating to the entitlement to a Community design
15.Articles 16 to 18: effects of a judgment on entitlement, presumptions, right to be cited
17.Article 20: limitation of the rights conferred by a Community design
23.Article 27: Community design rights as national design rights
24.Articles 28 to 31: transfer, rights in rem, levy and insolvency
27.Article 79: Application of the Convention on jurisdiction and enforcement
29.Article 81: The “design court” – jurisdiction over infringement and validity
31.Article 84: action or counterclaim for a declaration of invalidity of a Community design
32.Article 85: presumption of validity – defence as to the merits
34.Articles 87 and 88: sanctions in actions for infringement
36.Article 90: provisional measures, including protective measures
37.Articles 91 and 92: specific rules on related actions and further appeals
38.Article 93: supplementary provisions on the jurisdiction of national courts
43.Articles 107 to 109: implementing regulation, procedure of Boards of Appeal and Committee
45.Article 110a: provisions relating to the enlargement of the Community
PART 2 2005 Regulations and continuing unregistered Community designs
PART 1 Fees payable in respect of a re-registered design or a re-registered international design
PART 2 Fees payable in respect of a comparable trade mark (IR)
9.The renewal of the registration of a comparable trade mark...
10.The renewal of the registration of a comparable trade mark...
11.The renewal of a comparable trade mark (IR) under paragraph...
13.A request for information or inspection of documents relating to...
14.The Trade Marks (Fees) Rules 2008 apply to comparable trade...
15.The Commissioners for Her Majesty's Revenue and Customs may by...
16.Regulations under paragraph 15 may make different provision as respects...
17.A statutory instrument containing regulations under paragraph 15 is subject...
18.The Trade Marks (Customs) Regulations 1994, to the extent that...
Amendments to the Registered Designs Rules
2.After rule 2A (directions of the registrar), insert— Re-registered designs...
3A.After rule 15 insert— Invalidation of existing registered Community design:...
5.In rule 26 (certificate of registration), after paragraph (3) insert...
7.In rule 33 (copies of representations and specimens), after paragraph...
8.(1) Rule 42 (address for service) is amended as follows....
9.(1) Rule 43 (failure to furnish an address for service)...
Amendments to the Trade Marks Rules
3.Before rule 3 insert— Comparable trade mark (IR) These Rules apply to a comparable trade mark (IR) as...
4.After rule 4 insert— Prescribed comparable trade mark (IR) fees...
5.Before rule 6 insert— Application for registration based upon an...
7.Before rule 30 insert— Filing of regulations for International collective...
Other amendments to legislation
PART 1 Further amendments to the 1949 Act
2.In section 1B (requirement of novelty and individual character), in...
3.In section 11ZA (grounds for invalidity of registration), in subsection...
4.In section 11ZB (applications for declaration of invalidity), in subsection...
5.In section 20 (rectification of register), in subsection (1B)—
6.In section 24D (order as to disposal of infringing articles...
7.In section 24G (meaning of “infringing article”), omit subsection (5)....
8.After section 25 (certificate of contested validity of registration), insert—...
9.In section 35ZA (offence of unauthorised copying etc of design...
10.In section 44 (interpretation), in subsection (1), omit the definitions...
PART 2 Amendments to the Copyright, Designs and Patents Act 1988
PART 3 Amendments to the Design Right (Proceedings before the Comptroller) Rules 1989
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