{
  "url": "https://openlegislation.uk/registered-designs-isle-of-man-order-2001/schedule-2/paragraph-5",
  "json_url": "https://openlegislation.uk/registered-designs-isle-of-man-order-2001/schedule-2/paragraph-5.json",
  "legislation": "uksi/2001/3678",
  "legislation_title": "The Registered Designs (Isle of Man) Order 2001",
  "legislation_url": "https://openlegislation.uk/registered-designs-isle-of-man-order-2001",
  "path": "schedule/2/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Other transitional modifications",
  "text": "(1) Any licence which—\n(a) permits anything which would otherwise be an infringement under the 1949 Act of the right in a registered design or the copyright in a registered design; and\n(b) was granted by the registered proprietor of the design, or under section 10 or 11A of the 1949 Act, before the coming into force of this Order,\nshall continue in force, with necessary modifications, on or after the making of this Order.\n(2) In determining the effect of any such licence on or after the coming into force of this Order, regard shall be had to the purpose for which the licence was granted; and, in particular, a licence granted for the full term or extent of the right in a registered design or the copyright in a registered design shall be treated as applying, subject to its other terms and conditions, to the full term or extent of that right as extended by virtue of this Order.\n(3) The right in a registered design conferred by virtue of this Order in relation to registrations to which paragraph 2, 3 or 4 of this Schedule applies shall not enable the registered proprietor to prevent any person from continuing to carry out acts begun by him before the coming into force of this Order and which, at that time, the registered proprietor or, in the case of registrations to which paragraph 2 applies, a registered proprietor would have been unable to prevent.\n(4) The right in a registered design conferred by virtue of this Order in relation to registrations to which paragraph 3 or 4 of this Schedule applies shall, in particular, not apply in relation to infringements committed in relation to those registrations before the coming into force of this Order.\n(5) The omission by Schedule 1 to this Order of provisions in section 5 of the 1949 Act shall not apply in relation to any evidence filed in support of an application made before the coming into force of this Order.\n(6) The modifications made by Schedule 1 to this Order of section 22 of the 1949 Act (other than the amendment to the proviso in subsection (2) of that section) shall not apply in relation to any registration which has resulted from an application made before the coming into force of this Order.\n(7) The modification of the proviso in section 22(2) of the 1949 Act shall not apply where—\n(a) the registration of the first-mentioned design resulted from an application made before the coming into force of this Order; and\n(b) the application for the registration of the other design was also made before the coming into force of this Order.\n(8) The modifications made by Schedule 1 to this Order of section 35 of the 1949 Act shall not apply in relation to any offences committed before the coming into force of this Order.\n(9) The omission by Schedule 1 to this Order of provisions in section 44 of the 1949 Act which relate to the meaning of a set of articles shall not apply so far as those provisions are required for the purposes of paragraph 6(2)(a) of Schedule 1 to the Copyright Act 1991 (an Act of Tynwald).\n(10) Any modification by Schedule 1 to this Order of a provision in section 44 of the 1949 Act or in any enactment other than the 1949 Act shall not apply so far as that provision is required for the purposes of any other transitional provision made by this Order.\n(11) The 1949 Act as it has effect in the Isle of Man immediately before the coming into force of this Order shall continue to apply in relation to former registrations, whose registration resulted from an application made before the coming into force of this Order, so far as the Act relates to the cancellation or invalidation of such registrations.\n(12) Subparagraph (13) applies in relation to any registration to which paragraph 2, 3 or 4 applies which is in respect of any features of shape, configuration, pattern or ornament which do not fall within the new definition of “design” inserted into section 1 of the 1949 Act by Schedule 1 to this Order.\n(13) The 1949 Act shall, so far as it applies in relation to any such registration, apply as if the features concerned were included within the new definition of “design” in that Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1991 c. 8 (Isle of Man)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/3678/schedule/2/paragraph/5",
    "retrieved_at": "2026-10-29T07:22:36.047411+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}