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Paragraph 14 Renewal of registration of an expired international designF1

(1)

Where within the period beginning with F2IP completion day and ending with the end of the relevant period—

(a)

the international registration to which an expired international design was subject is renewed in accordance with Article 17(2) of the Geneva Act,

(b)

the renewal has effect in respect of the European Union and the expired international design, and

(c)

the holder of that international registration notifies the registrar of such renewal, the registrar must, as soon as reasonably practicable after the date of notification, record in the register of designs the extension of the period for which subsists the right in the re-registered international design which derives from the expired international design.

(2)

Where the period for which the right in a re-registered international design subsists is extended under sub-paragraph (1), the right is to be treated as if it had never expired, with the result that—

(a)

anything done under or in relation to the right in the period beginning with IP completion day and ending with the extension under sub-paragraph (1) is to be treated as valid,

(b)

an act which would have constituted an infringement of the right if it had not expired is to be treated as an infringement, and

(c)

an act which would have constituted use of the design for the services of the Crown if the right had not expired is to be treated as such use.

(3)

If within the period referred to in sub-paragraph (1) the holder fails to notify the registrar in accordance with sub-paragraph (1)(c)—

(a)

the registrar must remove from the register of designs the re-registered international design which derives from the expired international design, and

(b)

the re-registered international design ceases with effect from IP completion day to be treated as if it had been registered under this Act.

(4)

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. 1B 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(d)(i)