Registered Designs Act 1949
Registered Designs Act 1949 (1949 c. 88)
- Registered Designs Act 1949 (1949 c. 88)
- Registrable designs and proceedings for registration
- 1 Registration of designs.
- 1A Substantive grounds for refusal of registration.
- 1B Requirement of novelty and individual character.
- 1C Designs dictated by their technical function.
- 1D Designs contrary to public policy or morality.
- 2 Proprietorship of designs.
- 3 Applications for registration.
- 3A Determination of applications for registration.
- 3B Modification of applications for registration.
- 3C Date of registration of designs.
- 3D Appeals in relation to applications for registration.
- 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 5 Provisions for secrecy of certain designs.
- 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Effect of registration, etc.
- 7 Right given by registration.
- 7A Infringements of rights in registered designs.
- 7B Right of prior use
- 8 Duration of right in registered design.
- 8A Restoration of lapsed right in design.
- 8B Effect of order for restoration of right.
- 9 Exemption of innocent infringer from liability for damages.
- 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 11 Cancellation of registration.
- 11ZA Grounds for invalidity of registration.
- 11ZB Applications for declaration of invalidity.
- 11ZC Determination of applications for declaration of invalidity.
- 11ZD Modification of registration.
- 11ZE Effect of cancellation or invalidation of registration.
- 11ZF Appeals in relation to cancellation or invalidation.
- 11A Powers exercisable for protection of the public interest.
- 11AB Powers exercisable following merger and market investigations
- 11B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 12 Use for services of the Crown.
- 12A Application of the Act to certain registered Community designs
- 12B Application of the Act to certain international designs
- International Arrangements
- 13 Orders in Council as to convention countries.
- 14 Registration of design where application for protection in convention country has been made.
- 15 Extension of time for applications under s. 14 in certain cases.
- 15ZA Accession to the Hague Agreement
- Property in and dealing with registered designs and applications
- 15A The nature of registered designs
- 15B Assignment, &c of registered designs and applications for registered designs
- 15C Exclusive licences
- 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Register of designs, etc .
- 17 Register of designs etc.
- 18 Certificate of registration.
- 19 Registration of assignments, etc.
- 20 Rectification of register.
- 21 Power to correct clerical errors.
- 22 Inspection of registered designs.
- 23 Information as to existence of right in registered design.
- Legal proceedings: general
- 24A Action for infringement
- 24B Exemption of innocent infringer from liability
- 24C Order for delivery up
- 24D Order as to disposal of infringing articles, &c
- 24E Jurisdiction of county court and sheriff court
- 24F Rights and remedies of exclusive licensee
- 24G Meaning of “infringing article”
- 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 25 Certificate of contested validity of registration.
- 25A Privilege for communications with those on the special list of professional designs representatives
- Unjustified threats
- 26 Threats of infringement proceedings
- 26A Actionable threats
- 26B Permitted communications
- 26C Remedies and defences
- 26D Professional advisers
- 26E Supplementary: pending registration
- 26F Supplementary: proceedings for delivery up etc.
- Meaning of “the court” and appeals
- 27 The court.
- 27A Appeals from decisions of registrar
- 27B Persons appointed to hear and determine appeals
- 28 The Appeal Tribunal.
- Opinions service
- 28A Opinions on designs
- Powers and Duties of Registrar
- 29 Exercise of discretionary powers of registrar.
- 30 Costs and security for costs.
- 31 Evidence before registrar.
- 31A Power to require use of forms
- 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Offences
- 33 Offences under s. 5.
- 34 Falsification of register, etc.
- 35 Fine for falsely representing a design as registered.
- 35ZA Offence of unauthorised copying etc. of design in course of business
- 35ZB Section 35ZA: enforcement
- 35ZC Section 35ZA: forfeiture in England and Wales or Northern Ireland
- 35ZD Section 35ZA: forfeiture in Scotland
- 35A Offence by body corporate or partnership: liability of officers or partners
- Rules, etc.
- 36 General power of Board of Trade to make rules, etc.
- 37 Provisions as to rules and Orders.
- 37A Use of electronic communications
- Supplemental
- 39 Hours of business and excluded days.
- 40 Fees.
- 41 Service of notices, etc., by post.
- 42 Annual report of registrar.
- 43 Savings.
- 44 Interpretation.
- 45 Application to Scotland
- 46 Application to Northern Ireland.
- 47 Application to Isle of Man.
- 47A Territorial waters and the Continental shelf.
- 48 Repeals, savings, and transitional provisions.
- 49 Short title and commencement.
- SCHEDULES
- SCHEDULE A1 Grounds for refusal of registration in relation to emblems etc.
- Grounds for refusal in relation to certain emblems etc.
- Grounds for refusal in relation to emblems etc. of Paris Convention countries
- Grounds for refusal in relation to emblems etc. of certain international organisations
- Paragraphs 2 and 3: supplementary
- Interpretation
- FIRST SCHEDULE Provisions as to the use of Registered Designs for the services of the Crown and as to the Rights of Third Parties in respect of such use
- Use of registered designs for services of the Crown.
- Rights of third parties in respect of Crown use.
- Compensation for loss of profit.
- Reference of disputes as to Crown use.
- Special provisions as to Crown use during emergency.
- SCHEDULE 1A EUROPEAN COMMUNITY REGISTERED DESIGNS
- PART 1 Existing registered Community designs
- Designs registered as Community designs to be treated as registered under the Act
- Entries to be made in the register in relation to designs treated as registered under this Act
- Opt out
- Effect of claim of priority
- Unregistered pre-exit transfers
- Pre-exit licences to continue to have effect in the United Kingdom
- Security interests in existing registered Community designs
- Continuity of rights in relation to an existing registered Community design
- Pending proceedings concerning an existing registered Community design
- Existing registered Community design: effect of invalidity
- Effect of injunction protecting an existing registered Community design
- PART 2 Applications for registered Community designs which are pending at IP completion day
- Applications for registration pending immediately before IP completion day
- PART 3 Registered Community designs where publication is deferred at IP completion day
- Designs registered at the EUIPO immediately before IP completion day where publication is deferred
- PART 4 Treatment of registered Community designs whose registrations expire during the period of six months ending on IP completion day
- Application of Part
- Renewal of registration of an expired Community design
- PART 5 Restoration of registered Community design registrations and applications
- Restoration of registered Community design to the RCD register
- Restoration of application for registered Community design
- PART 6 Interpretation
- Interpretation
- SCHEDULE 1B INTERNATIONAL DESIGNS
- PART 1 Existing international designs
- International designs in respect of which the European Union is designated to be treated as registered under the Act
- Entries to be made in the register in relation to designs treated as registered under this Act
- Opt out
- Effect of claim of priority
- Unregistered pre-exit transfers
- Pre-exit licences to continue to have effect in the United Kingdom
- Security interests in protected ... international registered designs (EU)
- Continuity of rights in relation to a protected international registered design (EU)
- Pending proceedings concerning a protected international registered design (EU)
- Effect of injunction protecting a protected international registered design (EU)
- PART 2 International registrations in respect of which the period for refusal has not expired before IP completion day etc
- PART 3 Treatment of international registered designs whose registrations expire during the period of six months ending on IP completion day
- Application of Part
- Renewal of registration of an expired international design
- PART 4 Interpretation
- Interpretation
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