Paragraph 33 Substitution of Article 81 (The “design court” – jurisdiction over infringement and validity)I1

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 F1... a supplementary unregistered design raised in connection with actions under (a).”