OpenLegislation

Paragraph 8 Continuity of rights in relation to an existing registered Community designF1

(1)

References to an existing registered Community design or the registration of an existing registered Community design in any document entered into before F2IP completion day shall, unless there is evidence that the document was not intended to have effect in the United Kingdom, be read on and after IP completion day as including references to the re-registered design or the registration of the re-registered design which derives from the existing registered Community design.

(2)

Subject to any agreement to the contrary, a consent granted before IP completion day by the proprietor of an existing registered Community design to the doing on or after IP completion day of an act in the United Kingdom which would otherwise infringe the right in the re-registered design which derives from the existing registered Community design is to be treated for the purposes of section 7A as a consent to the doing of that act granted by the registered proprietor of the re-registered design.

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)