The Regulatory Reform (Registered Designs) Order 2006

JurisdictionUK Non-devolved
CitationSI 2006/1974

2006 No. 1974

REGULATORY REFORM

DESIGNS

The Regulatory Reform (Registered Designs) Order 2006

Made 26th July 2006

Coming into force 1st October 2006

The Secretary of State for Trade and Industry (“the Secretary of State”) has—

(a) consulted1, in accordance with section 5(1) of the Regulatory Reform Act 20012,

such organisations as appear to him to be representative of interests substantially affected by his proposals for this Order,

the Comptroller-General of Patents, Designs and Trade Marks,

the Law Commission,

the National Assembly for Wales,

such other persons as he considers appropriate;

(b) following that consultation, considered it appropriate to proceed with the making of this Order;

(c) laid a document containing his proposals before Parliament as required by section 6 of the Regulatory Reform Act 2001 and the period for Parliamentary consideration under section 8 of that Act has expired;

(d) had regard to the representations made during this period, in particular the Seventeenth Report of Session 2005-6 of the Delegated Powers and Regulatory Reform Committee of the House of Lords3and the Fifth Report of Session 2005-6 of the Regulatory Reform Committee of the House of Commons4;

(e) laid a draft of this Order before Parliament with a statement giving details of those representations and the changes he has made to his proposals in light of them;

(f) reached the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise.

The draft of this Order has been approved by a resolution of each House of Parliament pursuant to section 4(2) of the Regulatory Reform Act 2001.

Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001:

Introductory

Introductory

S-1 This Order may be cited as the Regulatory Reform (Registered...

1.—(1) This Order may be cited as the Regulatory Reform (Registered Designs) Order 2006 and it shall come into force on 1st October 2006.

(2) This Order extends to England and Wales, Scotland and Northern Ireland.

S-2 The Registered Designs Act 1949 shall be amended as follows.

The Registered Designs Act 1949 shall be amended as follows.

2. The Registered Designs Act 19495shall be amended as follows.

Substantive examination for novelty

Substantive examination for novelty

S-3 Section 1A (substantive grounds for refusal of registration)...

3. Section 1A (substantive grounds for refusal of registration) shall be omitted.

S-4 In section 3 (applications for registration), subsection (4)...

4. In section 3 (applications for registration), subsection (4) shall be omitted.

S-5 In section 3A (determination of applications for registration),...

5. In section 3A (determination of applications for registration), for subsection (4) there shall be substituted—

S-4

“4 If it appears to the registrar that the application for registration includes—

(a) something which does not fulfil the requirements of section 1(2) of this Act;

(b) a design that does not fulfil the requirements of section 1C or 1D of this Act; or

(c) a design to which a ground of refusal mentioned in Schedule A1 to this Act applies,

he shall refuse to register that thing or that design.”.

S-6 In section 3B (modification of applications for registration),...

6. In section 3B (modification of applications for registration), in subsection (4), for “section 1A(1)(b) or (c)” there shall be substituted “section 3A(4)(b) or (c)”.

S-7 Section 11ZA (grounds for invalidity of registration) shall be...

7.—(1) Section 11ZA (grounds for invalidity of registration) shall be amended as follows.

(2) In subsection (1), for “on any of the grounds mentioned in section 1A of this Act.” there shall be substituted—

“(a)

“(a) on the ground that it does not fulfil the requirements of section 1(2) of this Act;

(b)

(b) on the ground that it does not fulfil the requirements of sections 1B to 1D of this Act; or

(c)

(c) where any ground of refusal mentioned in Schedule A1 to this Act applies.”.

(3) After subsection (1), there shall be inserted—

S-1A

“1A The registration of a design (“the later design”) may be declared invalid if it is not new or does not have individual character when compared to a design which—

(a) has been made available to the public on or after the relevant date; but

(b) is protected as from a date prior to the relevant date by virtue of registration under this Act or the Community Design Regulation or an application for such registration.

S-1B

1B In subsection (1A) “the relevant date” means the date on which the application for the registration of the later 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.”.

S-8 Section 11ZB (applications for declaration of invalidity) shall...

8.—(1) Section 11ZB (applications for declaration of invalidity) shall be amended as follows.

(2) In subsection (1), for “on the ground mentioned in section 1A(1)(a) or (b)” there shall be substituted “under section 11ZA(1)(a) or (b)”.

(3) In subsection (2), for “on the ground mentioned in section 1A(1)(c)” there shall be substituted “under section 11ZA(1)(c)”.

(4) In subsection (3), for “on the ground mentioned in section 1A(2)” there shall be substituted “under section 11ZA(1A)”.

(5) In subsection (5), for “on the ground mentioned in” there shall be substituted “under”.

S-9 In section 11ZD (modification of registration), for the words...

9. In section 11ZD (modification of registration), for the words in subsection (1) from “on any ground” to “or (4)” there shall be substituted “under section 11ZA(1)(b) or (c), (1A), (3) or (4)”.

S-10 Section 20 (rectification of register) shall be amended as...

10.—(1) Section 20 (rectification of register) shall be amended as follows.

(2) In subsection (1A)(a), for “section 1A(1)(c)” there shall be substituted “section 11ZA(1)(c)”.

(3) In subsection (1A)(b), for “section 1A(2)” there shall be substituted “section 11ZA(1A)”.

Multiple applications

S-11 Section 3 (applications for registration) shall be amended as...

11.—(1) Section 3 (applications for registration) shall be amended as follows.

(2) In subsection (1), after “a design” there shall be inserted “or designs”.

(3) In subsection (2), after “design”, in both places it occurs, there shall be inserted “ or designs”.

(4) In subsection (3), after “a design” there shall be inserted “or designs”.

S-12 Section 3A (determination of applications for registration)...

12.—(1) Section 3A (determination of applications for registration) shall be amended as follows.

(2) In subsection (1), for “an application for the registration of a design” there shall be substituted “to register a design included in an application under this Act”.

(3) In subsection (2)—

(a)

(a) for “a design” there shall be inserted “or designs”; and

(b)

(b) for “the application” there shall be...

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