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The Registered Designs (Isle of Man) Order 2013

Consolidated Text Cited authorities 46 Cited in Amendments 8 Related
JurisdictionUK Non-devolved
CitationSI 2013/2533
Year2013
  • This Order may be cited as the Registered Designs (Isle of Man) Order 2013 and shall come into force on 11th November 2013.
  • “the
  • “the
    • (1) The 1949 Act shall have effect in the Isle of Man subject to the modifications specified in Schedule 1 to this Order.(2) Part IV (registered designs) of, and Schedules 3 and 4 to, the 1988 Act shall extend to the Isle of Man subject to the exceptions and modifications specified in Schedule 2 to this Order.(1) The Registered Designs (Isle of Man) Order 2001(2) Nothing in paragraph (1) affects the further modifications of the 1949 Act having effect under Schedule 2 to that Order in relation to registrations under that Act made, and applications for registration made but not determined, before the coming into force of that Order.(1) References to the Crown shall be construed as including the Crown in right of the Government of the Isle of Man.References to an Act of Parliament (including the 1949 Act and the 1988 Act) or to a provision of such an Act shall be construed as references to that Act or provision as it has effect in the Isle of Man.References to an Act of Tynwald shall be construed as references to it as amended or replaced by or under any other such enactment.(3) References to a government department shall be construed as including references to a Department of the Government of the Isle of Man, and in relation to such a Department as if references to the Treasury were references to the Treasury of the Isle of Man.(4) Notwithstanding section 47, any reference to the United Kingdom which occurs in the expression “His Majesty’s Government in the United Kingdom” does not include the Isle of Man.(5) For section 1 substitute—
      (1) Registration of designs
    • (1) A design may, subject to the following provisions of this Act, be registered under this Act on the making of an application for registration.
    • (2) In this Act “design” means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation.
    • (3) In this Act―
      • “complex product” means a product which is composed of at least two replaceable component parts permitting disassembly and reassembly of the product; and
      • “product” means any industrial or handicraft item other than a computer program; and, in particular, includes packaging, get-up, graphic symbols, typographic type-faces and parts intended to be assembled into a complex product.
      • (1B) Requirement of novelty and individual character
    • (1) A design shall be protected by a right in a registered design to the extent that the design is new and has individual character.
    • (2) For the purposes of subsection (1) above, a design is new if no identical design or no design whose features differ only in immaterial details has been made available to the public before the relevant date.
    • (3) For the purposes of subsection (1) above, a design has individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the relevant date.
    • (4) In determining the extent to which a design has individual character, the degree of freedom of the author in creating the design shall be taken into consideration.
    • (5) For the purposes of this section, a design has been made available to the public before the relevant date if—
    • (a) it has been published (whether following registration or otherwise) , exhibited, used in trade or otherwise disclosed before that date; and
    • (b) the disclosure does not fall within subsection (6) below.
    A design may, subject to the following provisions of this Act, be registered under this Act on the making of an application for registration.In this Act “design” means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation.In this Act―
    • “complex product” means a product which is composed of at least two replaceable component parts permitting disassembly and reassembly of the product; and
    • “product” means any industrial or handicraft item other than a computer program; and, in particular, includes packaging, get-up, graphic symbols, typographic type-faces and parts intended to be assembled into a complex product.
    A design shall be protected by a right in a registered design to the extent that the design is new and has individual character.For the purposes of subsection (1) above, a design is new if no identical design or no design whose features differ only in immaterial details has been made available to the public before the relevant date.For the purposes of subsection (1) above, a design has individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the relevant date.In determining the extent to which a design has individual character, the degree of freedom of the author in creating the design shall be taken into consideration.it has been published (whether following registration or otherwise) , exhibited, used in trade or otherwise disclosed before that date; andthe disclosure does not fall within subsection (6) below.it could not reasonably have become known before the relevant date in the normal course of business to persons carrying on business in F1the geographical area comprising the United Kingdom and the European Economic Area and specialising in the sector concerned;it was made to a person other than the designer, or any successor in title of his, under conditions of confidentiality (whether express or implied) ;it was made by the designer, or any successor in title of his, during the period of 12 months immediately preceding the relevant date;it was made by a person other than the designer, or any successor in title of his, during the period of 12 months immediately preceding the relevant date in consequence of information provided or other action taken by the designer or any successor in title of his; orit was made during the period of 12 months immediately preceding the relevant date as a consequence of an abuse in relation to the designer or any successor in title of his.In subsections (2) , (3) , (5) and (6) above “the relevant date” means the date on which the application for the registration of the design was made or is treated by virtue of section 3B(2) , (3) or (5) or 14(2) of this Act as having been made.if the component part, once it has been incorporated into the complex product, remains visible during normal use of the complex product; andto the extent that those visible features of the component part are in themselves new and have individual character.In subsection (8) above “normal use” means use by the end user; but does not include any maintenance, servicing or repair work in relation to the product.A right in a registered design shall not subsist in features of appearance of a product which are solely dictated by the product’s technical function.A right in a registered design shall not subsist in features of appearance of a product which must necessarily be reproduced in their exact form and dimensions so as to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to, or placed in, around or against, another product so that either product may perform its function.Subsection (2) above does not prevent a right in a registered design subsisting in a design serving the purpose of allowing multiple assembly or connection of mutually interchangeable products within a modular system.A right in a registered design shall not subsist in a design which is contrary to public policy or to accepted principles of morality.

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