Paragraph 4 Pre-1989 registrations
This paragraph applies to—
any registration under the 1949 Act which—
has resulted from an application made before 1st August 1989; and
has given rise to a copyright in a registered design which is in force at the coming into force of this Order;
any registration under the 1949 Act which—
has resulted from an application made before 1st August 1989; and
has given rise to a copyright in a registered design which is not in force at the coming into force of this Order but which would be capable of coming back into force by virtue of an extension of the period of copyright under section 8(2) of the 1949 Act if that provision were amended as set out in paragraph (8); and
any registration which subsequently ceases to fall within paragraph (b) because the copyright in the registered design has come back into force by virtue of an extension of the period of copyright under section 8(2) of the 1949 Act as amended by subparagraph (8).
Subject as follows, the amendments and repeals made by this Order shall not apply to any provision of the 1949 Act which only has effect in relation to applications for registration made before 1st August 1989 or any registrations resulting from such applications.
Any such provision and any other provision of the 1949 Act as it has effect immediately before the coming into force of this Order in relation to registrations which fall within subparagraph (1) (“pre-1989 registrations”) shall continue to apply so far as it relates to the cancellation or invalidation of pre-1989 registrations (other than cancellation by virtue of section 11(3) of that Act and by reference to an expiry of copyright occurring on or after the coming into force of this Order).
Accordingly the modifications made by this Order shall, so far as they relate to the cancellation or invalidation of registrations, not apply in relation to pre-1989 registrations.
The modifications made by this Order shall otherwise apply (subject to paragraphs (2) and (9) to (12) and paragraph 5 of this Schedule) in relation to pre-1989 registrations.
Modifications corresponding to the modifications made by Schedule 1 to this Order (other than those relating to the cancellation or invalidation of registrations) shall be treated as having effect, with necessary modifications and subject to paragraph 5 of this Schedule, in relation to any provision of the 1949 Act which only has effect in relation to applications for registration made before 1st August 1989 or any registrations resulting from such applications.
In the application by virtue of subparagraph (6) of modifications relating to sections 7 and 7A of the 1949 Act corresponding to those made by Schedule 1, the fact that pre-1989 registrations are in respect of any articles, or sets of articles, shall be disregarded.
In section 8(2) of the 1949 Act as it has effect in the Isle of Man in relation to pre-1989 registrations (period of copyright)—
after “second period”, in the second place, insert “and for a fourth period of five years from the expiration of the third period and for a fifth period of five years from the expiration of the fourth period”;
after “second or third” insert “or fourth or fifth”; and
after “second period”, in the third place, insert “or the third period or the fourth period”.
Sections 3 to 3D of the 1949 Act (as substituted by Schedule 1 to this Order) shall not operate so as to alter the dates of registration of designs to which pre-1989 registrations apply.
Where—
the date of registration for the purposes of calculating the period of copyright, or any extension of that period, under section 8(2) of the 1949 Act as it has effect in relation to pre-1989 registrations was determined by virtue of section 14(2) of that Act; and
that date is earlier than the date which would otherwise have been the date of registration for those purposes;
the difference between the two dates shall be added to any period of five years which is current on the coming into force of this Order or, if no such period is current but a subsequent extension is effected under section 8 of the 1949 Act as modified by subparagraph (8), to the period resulting from that extension.
Any reference in section 8(2) of the 1949 Act as modified by subparagraph (8) to a period of five years shall, in the case of any such period which is extended by virtue of subparagraph (10), be treated as a reference to the extended period.
The omission by this Order of the proviso in section 4(1) of the 1949 Act shall not apply to the right in a design to which a pre-1989 registration applies.