The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

Regulation 8

SCHEDULE 6 Amendments to the Registered Designs Rules

1.  The Registered Designs Rules are amended as follows.

2.  After rule 2A (directions of the registrar), insert—

“Re-registered designs

2B.   Except where provided to the contrary, these Rules apply to a re-registered design and a re-registered international design as they apply to other registered designs.”.

3.  In rule 13(2)—

(a) at the end of (2) insert—

“except where the registered design is a re-registered design or a re-registered international design where the duration of the right in the design ends within the period of six months beginning with exit day (as defined in section 20(1) of the European Union (Withdrawal) Act 2018) and ending with the end of the period of six months beginning with the day after that on which exit day falls (a “relevant re-registered design”)”.

(b) after (2) insert—

“(2A) The period prescribed for the purposes of section 8A(1) in respect of a relevant re-registered design or a re-registered international design shall be the period of 12 months beginning immediately after the date on which the registrar gave notice under section 8(3).”

4.  Omit rule 23.

5.  In rule 26 (certificate of registration), after paragraph (3) insert “(4) This rule shall not apply to re-registered designs or re-registered international designs.”

6.  In rule 27 (registration of interests), in paragraph (1)—

(a) at the end of sub-paragraph (d), for “.”, substitute “;”;

(b) after sub-paragraph (d) insert—

“(e) where the design to be registered is a re-registered design (within the meaning of “re-registered design” in paragraph 1(2) of Schedule 1A) an indication that the re-registered design was on exit day the subject of a registration at the European Union Intellectual Property Office, including the number of the registration of the registered Community design from which the re-registered design derives.”.

7.  In rule 33 (copies of representations and specimens), after paragraph (2) insert “(3) This rule shall not apply to re-registered designs or re-registered international designs.”

8.  In rule 42 (address for service), in paragraph (4), for “another” substitute “an”.