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Registered Designs (Amendment) Rules 2001

Consolidated Text As Enacted Cited authorities 26 Cited in Amendments 12 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2001/3950
  • These Rules may be cited as the Registered Designs (Amendment) Rules 2001 and shall come into force on 9th December 2001.
  • The Registered Designs Rules 1995
  • In rule 2 (interpretation) , for the definitions of “specimen” and “textile article” there shall be substituted—
  • Rule 13 shall be omitted.
  • 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.
    • Every application shall specify the product to which the design is intended to be applied or in which it is intended to be incorporated.a design is intended to be applied to, or incorporated in, textile products, wallpaper or similar wall covering or lace; ora product to which a design is intended to be applied or in which it is intended to be incorporated is made substantially of lace; ora design intended to be applied to, or incorporated in, a textile product consists substantially of checks or stripes,Nothing in paragraph (1) of this rule shall be taken to limit the scope of protection conferred by registration of a design.(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.
    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.
  • Rule 16 shall be omitted.
  • In rule 17, the words from the beginning to “articles,” shall be omitted.
  • After rule 17 there shall be inserted—
    • 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.
  • Rule 18 shall be omitted.
  • In rule 19, the words “, whether to be applied to a single article or to a set of articles,” shall be omitted.
  • Rules 22 and 24 to 26 shall be omitted.
  • In rule 32, the words from “provided always that” to the end of the rule shall be omitted.
  • Rules 34 and 35 shall be omitted.
  • for the words “section 3(6) ” there shall be substituted
  • for the words “rule 34 above” there shall be substituted
  • After rule 36 there shall be inserted—
    • 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) ; andthe period starting with the making of the earlier application and ending on the date on which the certificate of registration of the design which is the subject of the earlier application (as amended) is granted.
  • for the words “Compulsory Licence under Section 10 or Cancellation” there shall be substituted
  • for the words “Section 11(2) or (3) ” there shall be substituted
  • for the words “the grant of a compulsory licence under section 10 or for the cancellation” there shall be substituted
  • for the words “section 11(2) or (3) ” there shall be substituted
  • In the heading above rule 58, for the words “Section 11(1) ” there shall be substituted
  • Rule 59 shall be omitted.
  • In paragraph (2) of rule 60, for the words “the grant of a compulsory licence or for the cancellation” there shall be substituted
  • In rule 68, the words “and any such evidence as is mentioned in section 5(2) (b) ” shall be omitted.
  • for the words “to be applied to textile articles” there shall be substituted
  • for the words “to be applied to”, in the second place where they appear, there shall be substituted
  • for the words “ an article” there shall be substituted
  • for the words from “as applied to that article” to “applied to that or any other article” there shall be substituted
    • (1) Rule 76 shall be amended as follows.(2) In paragraph (3) , for the words from “of time” to “section 6(2) ” there shall be substituted “ prescribed by rule 36A above ”.in sub-paragraph (b) , the words “6(2) or” shall be omitted; andin sub-paragraphs (c) and (ii) for the words from “of time” to “rule 34(1) (b) above” there

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