Section 14 Registration of design where application for protection in convention country has been made.

United Kingdom

(1)

An application for registration of a designF1or designs in respect of which protection has been applied for in a convention country may be made in accordance with the provisions of this Act by the person by whom the application for protection was made or his personal representative or assignee:

Provided that no application shall be made by virtue of this section after the expiration of six months from the date of the application for protection in a convention country or, where more than one such application for protection has been made, from the date of the first application.

F2(2)

Where an application for registration of a designF3or designs is made by virtue of this section, the application shall be treated, for the purpose of determining whether F4(and to what extent) that or any other design is new F5or has individual character, as made on the date of the application for protection in the convention country or, if more than one such application was made, on the date of the first such application.

(3)

Subsection (2) shall not be construed as excluding the power to give directions under F6section 3B(2) or (3) of this Act in relation to an application made by virtue of this section.

(4)

Where a person has applied for protection for a design by an application which—

(a)

in accordance with the terms of a treaty subsisting between two or more convention countries, is equivalent to an application duly made in any one of those convention countries; or

(b)

in accordance with the law of any convention country, is equivalent to an application duly made in that convention country,

he shall be deemed for the purposes of this section to have applied in that convention country.

Annotations

Textual amendments

F1: Words in s. 14(1) inserted (1.10.2006) by Regulatory Reform (Registered Designs) Order 2006 (S.I. 2006/1974), arts. 1(1), 14(2)
F2: S. 14(2)(3) substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 7
F3: Words in s. 14(2) inserted (1.10.2006) by Regulatory Reform (Registered Designs) Order 2006 (S.I. 2006/1974), arts. 1(1), 14(3)
F4: Words in s. 14(2) inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 4(2)(a) (with transitional provisions in regs. 10-14)
F5: Words in s. 14(2) inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 4(2)(b) (with transitional provisions in regs. 10-14)
F6: Words in s. 14(3) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 4(3) (with transitional provisions in regs. 10-14)