{
  "url": "https://openlegislation.uk/registered-designs-act-1949/schedule-1A/paragraph-12",
  "json_url": "https://openlegislation.uk/registered-designs-act-1949/schedule-1A/paragraph-12.json",
  "legislation": "ukpga/Geo6/12-13-14/88",
  "legislation_title": "Registered Designs Act 1949",
  "legislation_url": "https://openlegislation.uk/registered-designs-act-1949",
  "path": "schedule/1A/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": null,
  "text": "(1) Where a person who has filed an existing EU application or a successor in title of that person applies for registration of the same design under this Act within a period beginning with IP completion day and ending with the end of the relevant period, the relevant date for the purposes of establishing whether (or to what extent) the design which is the subject of the application under this Act is new or has individual character is the earliest of—\n(a) the filing date accorded pursuant to Article 38 to the existing EU application;\n(b) the date of priority (if any) claimed under Article 42 in respect of the existing EU application.\n(2) In sub-paragraph (1), the “relevant period” means the period of nine months beginning with the day after that on which IP completion day falls.\n(3) For the purposes of this Act—\n(a) where an application is made of the type referred to in sub-paragraph (1) within the period referred to in that sub-paragraph, the date of the application is the filing date accorded pursuant to Article 38 to the existing EU application, and\n(b) where the registrar registers a design which is the subject of an application of the type referred to in sub-paragraph (1) which is made within the period referred to in that sub-paragraph, the date of registration of the design is the filing date accorded pursuant to Article 38 to the existing EU application.\n(4) Accordingly section 3C does not apply in relation to the design.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Schs. 1A, 1B inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 3 para. 3 (with Sch. 5 Pt. 1) (as amended by S.I. 2020/1050, regs. 1(2), 23); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 1A substituted in earlier amending provision S.I. 2019/638, Sch. 3 para. 3 (31.12.2020) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 21(c)(i)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Geo6/12-13-14/88/schedule/1A/paragraph/12",
    "retrieved_at": "2026-10-29T11:19:58.992093+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}