OpenLegislation

Paragraph 6 Pre-exit licences to continue to have effect in the United KingdomF1

(1)

This paragraph applies where immediately before F2IP completion day a protected international registered design (EU) is the subject of a licence which—

(a)

authorises the doing of acts in the United Kingdom which would otherwise infringe the protected international registered design (EU), and

(b)

does not expire on IP completion day (a “relevant licence”).

(2)

Subject to any agreement to the contrary between the licensee and the licensor, a relevant licence continues to authorise the doing of acts which would otherwise infringe the re-registered international design which derives from the protected international registered design (EU).

(3)

Sub-paragraph (2) is subject to the terms on which the relevant licence was granted, subject to such modifications as are necessary for their application in the United Kingdom.

(4)

Section 19 (registration of assignments, etc.) applies in relation to a relevant licence as if it were a licence of the re-registered international design deriving from the protected international registered design (EU) which is subject to the relevant licence, subject to the following modification.

(5)

Section 19(5) does not apply to the licence until after the expiry of the period of 12 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)