Registered Designs (Amendment) Rules 2001

JurisdictionUK Non-devolved
CitationSI 2001/3950

2001No. 3950

DESIGNS

The Registered Designs (Amendment) Rules 2001

8thDecember2001

10thDecember2001

9thDecember2001

The Secretary of State, in exercise of the powers conferred upon her by sections 3(1) and (5), 3B(3), 5(2), 11, 18(1), 22(2), 30(1), 36(1) and (1A), 39(1) and 44(1) of the Registered Designs Act 1949( 1) and after consultation with the Council on Tribunals pursuant to section 8(1) of the Tribunals and Inquiries Act 1992( 2), hereby makes the following Rules -

Citation and commencement

1. These Rules may be cited as the Registered Designs (Amendment) Rules 2001 and shall come into force on 9th December 2001.

Amendment of the Registered Designs Rules 1995

2. The Registered Designs Rules 1995( 3)shall be amended as follows.

3. In rule 2 (interpretation), for the definitions of "specimen" and "textile article" there shall be substituted -

" "specimen" means a product to which a design is applied or in which it is incorporated;

"textile product" means textile and plastics piece goods, handkerchiefs, shawls and such other classes of products of a similar character as the registrar may from time to time decide; but does not include wallpaper and similar wall covering or lace goods;"

4. Rule 13 shall be omitted.

5. For rule 14 there shall be substituted -

"Product to which design is intended to be applied or in which it is intended to be incorporated

14. - (1) Every application shall specify the product to which the design is intended to be applied or in which it is intended to be incorporated.

(2) If any question arises as to whether -

(a) a design is intended to be applied to, or incorporated in, textile products, wallpaper or similar wall covering or lace; or(b) a product to which a design is intended to be applied or in which it is intended to be incorporated is made substantially of lace; or(c) a design intended to be applied to, or incorporated in, a textile product consists substantially of checks or stripes,

it shall be decided by the registrar.

(3) Nothing in paragraph (1) of this rule shall be taken to limit the scope of protection conferred by registration of a design."

6. - (1) Rule 15 shall be amended as follows.

(2) For the heading there shall be substituted "Partial disclaimers in relation to applications".

(3) For paragraph (1) there shall be substituted -

" (1) An application may be accompanied by a partial disclaimer, in a form satisfactory to the registrar, indicating that the design is the appearance of a part only of a product or limiting the scope or extent of protection of the design to be conferred by registration."

(4) In paragraph (2), for the word "statement", where it first appears, there shall be substituted "disclaimer" and the words "and it shall be separate from any other statement or disclaimer" shall be omitted.

7. Rule 16 shall be omitted.

8. In rule 17, the words from the beginning to "articles," shall be omitted.

9. After rule 17 there shall be inserted -

"Descriptions explaining representations

17A. A brief description explaining the representations may appear on the front of the first sheet only of each representation or specimen (except where the registrar is satisfied that this is impracticable in which case it shall appear in a place and in a form satisfactory to the registrar) but any such description shall not be taken to limit the scope of protection conferred by registration of a design."

10. Rule 18 shall be omitted.

11. In rule 19, the words ", whether to be applied to a single article or to a set of articles," shall be omitted.

12. Rules 22 and 24 to 26 shall be omitted.

13. In rule 32, the words from "provided always that" to the end of the rule shall be omitted.

14. Rules 34 and 35 shall be omitted.

15. In rule 36 -

(a) for the words "section 3(6)" there shall be substituted "section 3(5)"; and(b) for the words "rule 34 above" there shall be substituted "section 3B(3)."

16. After rule 36 there shall be inserted -

"MODIFICATION OF APPLICATIONS FOR REGISTRATION

Period prescribed for the purposes of section 3B(3)

36A. The period prescribed for the purposes of section 3B(3), which relates to the making of a subsequent application for the registration of a design excluded from an earlier application, shall be the shorter of -

(1) the period prescribed by rule 36 above for the completion of the earlier application (including any extension of time allowed under the said rule 36); and

(2) the...

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