Paragraph 14 F1
This paragraph applies where the proprietor of a deferred design or a successor in title of that person applies for registration of the same design under this Act within a period beginning with F2IP completion day and ending with the end of the relevant period.
Sections 3A(4) and 3B do not apply in relation to the application.
The relevant date for the purposes of establishing whether (or to what extent) the design which is the same as the deferred design is new or has individual character is the earliest of—
the filing date accorded pursuant to Article 38 to the application for the deferred design;
the date of priority (if any) claimed under Article 42 in respect of the application for the deferred design.
If 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 date on which the deferred design which is the same as that design was treated as registered under the Community Design Regulation.
Accordingly section 3C does not apply in relation to the design.
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.
Annotations
Textual amendments
- F1
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)
- F2
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)