Registered Designs Act 1949

12 & 13 & 14 Geo. 6 c. 88 · Enacted 16 December 1949 · Extends to United Kingdom

Contents

1. Registrable designs and proceedings for registration
2. 1Registration of designs.
3. 1ASubstantive grounds for refusal of registration. Repealed
4. 1BRequirement of novelty and individual character.
5. 1CDesigns dictated by their technical function.
6. 1DDesigns contrary to public policy or morality.
7. 2Proprietorship of designs.
8. 3Applications for registration.
9. 3ADetermination of applications for registration.
10. 3BModification of applications for registration.
11. 3CDate of registration of designs.
12. 3DAppeals in relation to applications for registration.
13. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
14. 5Provisions for secrecy of certain designs.
15. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
16. Effect of registration, etc.
17. 7Right given by registration.
18. 7AInfringements of rights in registered designs.
19. 7BRight of prior use
20. 8Duration of right in registered design.
21. 8ARestoration of lapsed right in design.
22. 8BEffect of order for restoration of right.
23. 9Exemption of innocent infringer from liability for damages. Repealed
24. 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
25. 11Cancellation of registration.
26. 11ZAGrounds for invalidity of registration.
27. 11ZBApplications for declaration of invalidity.
28. 11ZCDetermination of applications for declaration of invalidity.
29. 11ZDModification of registration.
30. 11ZEEffect of cancellation or invalidation of registration.
31. 11ZFAppeals in relation to cancellation or invalidation.
32. 11APowers exercisable for protection of the public interest.
33. 11ABPowers exercisable following merger and market investigations
34. 11B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
35. 12Use for services of the Crown.
36. 12AApplication of the Act to certain registered Community designs
37. 12BApplication of the Act to certain international designs
38. International Arrangements
39. 13Orders in Council as to convention countries.
40. 14Registration of design where application for protection in convention country has been made.
41. 15Extension of time for applications under s. 14 in certain cases.
42. 15ZAAccession to the Hague Agreement
43. Property in and dealing with registered designs and applications
44. 15AThe nature of registered designs
45. 15BAssignment, &c of registered designs and applications for registered designs
46. 15CExclusive licences
47. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
48. Register of designs, etc .
49. 17Register of designs etc.
50. 18Certificate of registration.
51. 19Registration of assignments, etc.
52. 20Rectification of register.
53. 21Power to correct clerical errors.
54. 22Inspection of registered designs.
55. 23Information as to existence of right in registered design.
56. Legal proceedings: general
57. 24AAction for infringement
58. 24BExemption of innocent infringer from liability
59. 24COrder for delivery up
60. 24DOrder as to disposal of infringing articles, &c
61. 24EJurisdiction of county court and sheriff court
62. 24FRights and remedies of exclusive licensee
63. 24GMeaning of “infringing article”
64. 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
65. 25Certificate of contested validity of registration.
66. 25APrivilege for communications with those on the special list of professional designs representatives
67. Unjustified threats
68. 26Threats of infringement proceedings
69. 26AActionable threats
70. 26BPermitted communications
71. 26CRemedies and defences
72. 26DProfessional advisers
73. 26ESupplementary: pending registration
74. 26FSupplementary: proceedings for delivery up etc.
75. Meaning of “the court” and appeals
76. 27The court.
77. 27AAppeals from decisions of registrar
78. 27BPersons appointed to hear and determine appeals
79. 28The Appeal Tribunal. Repealed
80. Opinions service
81. 28AOpinions on designs
82. Powers and Duties of Registrar
83. 29Exercise of discretionary powers of registrar.
84. 30Costs and security for costs.
85. 31Evidence before registrar.
86. 31APower to require use of forms
87. 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
88. Offences
89. 33Offences under s. 5.
90. 34Falsification of register, etc.
91. 35Fine for falsely representing a design as registered.
92. 35ZAOffence of unauthorised copying etc. of design in course of business
93. 35ZBSection 35ZA: enforcement
94. 35ZCSection 35ZA: forfeiture in England and Wales or Northern Ireland
95. 35ZDSection 35ZA: forfeiture in Scotland
96. 35AOffence by body corporate or partnership: liability of officers or partners
97. Rules, etc.
98. 36General power of Board of Trade to make rules, etc.
99. 37Provisions as to rules and Orders.
100. 37AUse of electronic communications
101. 38Section 38
102. Supplemental
103. 39Hours of business and excluded days.
104. 40Fees.
105. 41Service of notices, etc., by post.
106. 42Annual report of registrar.
107. 43Savings.
108. 44Interpretation.
109. 45Application to Scotland
110. 46Application to Northern Ireland.
111. 47Application to Isle of Man.
112. 47ATerritorial waters and the Continental shelf.
113. 48Repeals, savings, and transitional provisions.
114. 49Short title and commencement.
115. Schedule A1: Grounds for refusal of registration in relation to emblems etc.
116. 1Grounds for refusal in relation to certain emblems etc.
117. 2Grounds for refusal in relation to emblems etc. of Paris Convention countries
118. 3Grounds for refusal in relation to emblems etc. of certain international organisations
119. Paragraphs 2 and 3: supplementary
120. 4Paragraph 4
121. Interpretation
122. 5Paragraph 5
123. Schedule FIRST: Provisions as to the use of Registered Designs for the services of the Crown and as to the Rights of Third Parties in respect of such use
124. 1Use of registered designs for services of the Crown.
125. 2Rights of third parties in respect of Crown use.
126. 2ACompensation for loss of profit.
127. 3Reference of disputes as to Crown use.
128. 4Special provisions as to Crown use during emergency.
129. Schedule 1A: EUROPEAN COMMUNITY REGISTERED DESIGNS
130. Part 1: Existing registered Community designs
131. 1Designs registered as Community designs to be treated as registered under the Act
132. 2Entries to be made in the register in relation to designs treated as registered under this Act
133. 3Opt out
134. 4Effect of claim of priority
135. 5Unregistered pre-exit transfers
136. 6Pre-exit licences to continue to have effect in the United Kingdom
137. 7Security interests in existing registered Community designs
138. 8Continuity of rights in relation to an existing registered Community design
139. 9Pending proceedings concerning an existing registered Community design
140. 9AExisting registered Community design: effect of invalidity
141. 10Effect of injunction protecting an existing registered Community design
142. Part 2: Applications for registered Community designs which are pending at IP completion day
143. 11Applications for registration pending immediately before IP completion day
144. 12Paragraph 12
145. Part 3: Registered Community designs where publication is deferred at IP completion day
146. 13Designs registered at the EUIPO immediately before IP completion day where publication is deferred
147. 14Paragraph 14
148. Part 4: Treatment of registered Community designs whose registrations expire during the period of six months ending on IP completion day
149. 15Application of Part
150. 16Renewal of registration of an expired Community design
151. Part 5: Restoration of registered Community design registrations and applications
152. 17Restoration of registered Community design to the RCD register
153. 18Restoration of application for registered Community design
154. Part 6: Interpretation
155. 19Interpretation
156. 20Paragraph 20
157. Schedule 1B: INTERNATIONAL DESIGNS
158. Part 1: Existing international designs
159. 1International designs in respect of which the European Union is designated to be treated as registered under the Act
160. 2Entries to be made in the register in relation to designs treated as registered under this Act
161. 3Opt out
162. 4Effect of claim of priority
163. 5Unregistered pre-exit transfers
164. 6Pre-exit licences to continue to have effect in the United Kingdom
165. 7Security interests in protected ... international registered designs (EU)
166. 8Continuity of rights in relation to a protected international registered design (EU)
167. 9Pending proceedings concerning a protected international registered design (EU)
168. 10Effect of injunction protecting a protected international registered design (EU)
169. Part 2: International registrations in respect of which the period for refusal has not expired before IP completion day etc
170. 11Paragraph 11
171. 12Paragraph 12
172. Part 3: Treatment of international registered designs whose registrations expire during the period of six months ending on IP completion day
173. 13Application of Part
174. 14Renewal of registration of an expired international design
175. Part 4: Interpretation
176. 15Interpretation
177. Schedule SECONDSchedule SECOND