Paragraph 5 Unregistered pre-exit transfersF1

(1)

This paragraph applies where immediately before F2IP completion day—

(a)

there is a change in ownership of the international registration to which a protected international registered design (EU) is subject,

(b)

the change in ownership has effect in respect of the European Union and the protected international registered design (EU), and

(c)

the change in ownership has not been entered in the international register

(a “relevant transfer”).

(2)

Section 19 (registration of assignments, etc.) applies in relation to a relevant transfer as if it were an assignment of the re-registered international design which derives from the protected international registered design (EU) which has been transferred.

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)