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Section 35 Fine for falsely representing a design as registered.

United Kingdom

(1)

If any person falsely represents that a design applied to F1, or incorporated in, any product sold by him is registered F2. . ., he shall be liable on summary conviction to F3a fine not exceeding level 3 on the standard scale; and for the purposes of this provision a person who sells a product having stamped, engraved or impressed thereon or otherwise applied thereto the word “registered”, or any other word expressing or implying that the design applied to , or incorporated in, the product is registered, shall be deemed to represent that the design applied to , or incorporated in, the product is registered . . ..

(2)

If any person, after F4the right in a registered design has expired, marks any product to which the design has been applied F5or in which it has been incorporated with the word “registered”, or any word or words implying that there is a F6subsisting right in the design under this Act, or causes any such product to be so marked, he shall be liable on summary conviction to F7a fine not exceeding level 1 on the standard scale

F8(3)

For the purposes of this section, the use in the United Kingdom in relation to a design—

(a)

of the word “registered”, or

(b)

of any other word or symbol importing a reference (express or implied) to registration,

shall be deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in the United Kingdom and that the design is in fact so registered.

Annotations

Textual amendments

F1

Words in s. 35(1)(2) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 10(2)(a)(c)(d)(3)(a)(c) (with transitional provisions in regs. 10-14)

F2

Words in s. 35(1) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 10(2)(b)(e), Sch. 2 (with transitional provisions in regs. 10-14)

F3

Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(2)(4)

F4

Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(3)(a)

F5

Words in s. 35(2) inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 10(3)(b) (with transitional provisions in regs. 10-14)

F6

Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(3)(b)

F7

Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(3)(c)

F8

S. 35(3) inserted (1.10.2005) by Community Design Regulations 2005 (S.I. 2005/2339), regs. 1(1), 6