SCHEDULE 1 Amendments to the Design Regulation and 2005 Regulations relating to the creation and application of the supplementary unregistered design right etc.

PART 1 Design Regulation and supplementary unregistered designs

Substitution of Article 81 (The “design court” – jurisdiction over infringement and validity)

33.  For Article 81, substitute—

“Article 81 The “design court” – Jurisdiction over infringement and validity

1.   In this Regulation, “design court” means—

(a) in England and Wales, the High Court;

(b) in Scotland, the sheriff court and the Court of Session; and

(c) in Northern Ireland, the county court and the High Court.

2.   The design court has exclusive jurisdiction—

(a) for infringement actions and actions in respect of threatened infringement of supplementary unregistered designs;

(b) for actions for declaration of non-infringement of supplementary unregistered designs;

(c) for actions for a declaration of invalidity of a supplementary unregistered design;

(d) for counterclaims for a declaration of invalidity of a continuing a supplementary unregistered design raised in connection with actions under (a).”