Explanatory note
(This note is not part of the Regulations)
These Regulations implement Article 11 of Directive 98/71/EC of the European Parliament and of the Council of 13th October 1998 on the legal protection of designs (O.J. No. L289, 28.10.1998, p. 28) (“the Directive”) insofar as that Article refers or applies to the registration of a Community design or an application for such registration.
The Directive provides for harmonisation in the EC of the matters of registered design protection that most closely affect the functioning of the internal market and was implemented—other than the matters referred to in the preceding paragraph—in the UK by the Registered Designs Regulations 2001 (S.I. 2001 No. 3949). The Community design right was created under Council Regulation (EC) 6/2002 of 12th December 2001 on Community Designs (OJ No. L 3, 5.1.2002, p. 1.).
In particular these Regulations—
further amend the Registered Designs Act 1949 (“the Act”) by including further grounds upon which the registrar of designs may refuse an application or a third party may request a declaration of invalidity;
take up the discretion afforded by Article 11.8 of the Directive in providing that the Act as it was prior to the coming into force of these Regulations shall continue to apply in relation to applications made before the coming into force of these Regulations and registrations made after the coming into force of these Regulations that result from such applications, and, shall also continue to apply to registrations made before the coming into force of these Regulations resulting from applications made after the coming into force of the Registered Designs Regulations 2001.
A regulatory impact assessment and a transposition note setting out how Article 11 of the Directive is transposed into law have been placed in the libraries of both Houses of Parliament. Copies are also available from the Intellectual Property Policy Directorate of the Patent Office, Room 3338, Concept House, Cardiff Road, Newport NP10 8QQ.