The Registered Designs Rules 2006

JurisdictionUK Non-devolved
CitationSI 2006/1975
Year2006
  • These Rules may be cited as the Registered Designs Rules 2006 and shall come into force on 1st October 2006.
  • (1) In these Rules—(2) Where a time or period has been altered under rules 19(1) or 39 to 41, any reference in these Rules to the time or period shall be construed as a reference to the time or period as altered.
  • Any directions given by the registrar under sections 31A or 39 must be published on such website as the registrar considers to be likely to bring them to the attention of those persons likely to be affected by them.
  • (1) The forms of which the use is required by these Rules are those set out in Schedule 1.(2) Such a requirement to use a form is satisfied by the use of a form which is acceptable to the registrar and contains the information required by the form as so set out.shall include the identity of the person making the application; andinclude a representation of the design; orbe accompanied by a specimen of the design,(2) But an application for the registration of a design or designs, which is a subsequent application for the purposes of section 3B(3) , shall be made on Form DF2B and be accompanied by the prescribed fee.(3) Where an application includes a representation of the design, the applicant may give his consent for its publication on Form DF2A or Form DF2B.it is not in the form prescribed by either paragraph (1) or (2) ; orit is not accompanied by the prescribed fee,(5) A representation or specimen filed under paragraph (1) (b) may be accompanied by a brief description of the design.(6) A specimen may not be filed under paragraph (1) (b) if it is hazardous or perishable; and where such a specimen is so filed it shall be disregarded.the representation or specimen filed under paragraph (1) (b) includes the complete pattern and a sufficient portion of the repeat in length and width to show how the pattern repeats; andthe application contains a statement that it relates to a repeating surface pattern.(1) An application for the registration of a design shall comply with the first and second requirement.(2) The first requirement is that the applicant has specified the product to which the design is intended to be applied or in which it is intended to be incorporated.(3) The second requirement is that the dimensions of any specimen of the design filed under rule 4(1) (b) (ii) shall not exceed 29.7cm x 21cm x 1cm.that representation shall be deemed to have been filed under rule 4(1) (b) (i) ; andany specimen filed under rule 4(1) (b) (ii) shall be treated as not having been filed.(5) Nothing done to comply with the first requirement shall be taken to affect the scope of the protection conferred by the registration of a design.
  • limits the scope or extent of protection being applied for in relation to the design; or
  • indicates that the application for registration relates to a design that forms only a part of the appearance of a product.
  • (1) Where an application for the registration of a design or designs is made by virtue of section 14 the applicant shall comply with the following provisions.the date of making of each convention application; andthe country it was made in or in respect of.(3) The applicant shall, before the end of the period of 3 months F11beginning immediately after the date on which the application was filed, file at the Patent Office a copy of the representation of the design that was the subject of each convention application.duly certified by the authority with which it was filed; orverified to the satisfaction of the registrar.(5) Paragraph (3) shall not apply where a copy of the convention application is kept at the Patent Office.(6) Where any document relating to the convention application is in a language other than English or Welsh, the registrar may direct the applicant to provide a translation of the whole or any part of that document.(7) The translation shall be filed before the end of the period of 3 months F12beginning immediately after the date of the direction.fails to file a copy of the representation of the design which has been certified or verified in accordance with paragraph (4) ; orfails to comply with a direction given under paragraph (6) ,(9) In this rule “convention application” means an application for the protection of a design which has been made in a convention country.by reason of the application for the registration of that design not being made in accordance with any of these Rules, other than rule 9(2) (see section 3A(2) ) ; orby reason of section 3A(3) or (4) ,(2) The notification shall include a statement of why it appears to the registrar that he should refuse to register the design (for the purposes of this rule the “statement of objections”) .(3) The applicant may, before the end of the period of 2 months F13beginning immediately after the date of the notification, send his written observations on the statement of objections to the registrar.(4) The registrar shall give the applicant an opportunity to be heard.(5) Where the registrar refuses to register a design included in an application, he shall send to the applicant the written reasons for his decision.(6) The date on which the written reasons were sent to the applicant shall be deemed to be the date of the decision for the purposes of any appeal.no representation of the design has been filed; ora representation has been filed but it is not suitable for publication,

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