Paragraph 3 Opt outF1

(1)

Subject to sub-paragraph (2), the holder of the international registration to which a protected international registered design (EU) is subject (“the proprietor”) may at any time on or after F2IP completion day serve a notice on the registrar that the design is not to be treated as if it had been registered under this Act.

(2)

A notice under sub-paragraph (1) may not be served where on or after IP completion day—

(a)

the re-registered international design which derives from the protected international registered design (EU) (or any interest in it)—

(i)

has been assigned or otherwise transferred except by an assent by personal representatives, or

(ii)

has had an interest created in it by a mortgage, licence or other instrument; or

(b)

proceedings based on the re-registered international design have been initiated by the proprietor or with the proprietor's consent.

(3)

A notice served under sub-paragraph (1) must:

(a)

identify the protected international registered design (EU); and

(b)

include the name and address of any person who, to the best of the proprietor's knowledge, has an interest in the protected international registered design (EU).

(4)

A notice under sub-paragraph (1) is of no effect unless the proprietor in that notice certifies that any such person—

(a)

has been given not less than three months' notice of the proprietor's intention to serve such a notice; or

(b)

is not affected by, or if affected consents to, the notice.

(5)

Where a notice has been served under sub-paragraph (1)—

(a)

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

(b)

the obligation imposed on the registrar under paragraph 2 (entries to be made in the register in relation to designs treated as registered under this Act) ceases to have effect, and

(c)

the registrar must make any necessary amendments to the register.

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)