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Registered Designs Act 1949

Changes to legislation:

Registered Designs Act 1949 is up to date with all changes known to be in force on or before 18 April 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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  • s. 11AB heading words inserted by S.I. 2019/93, Sch. 1 para. A1(5) (as inserted) by S.I. 2019/1245 reg. 16 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 11AB(1) word inserted by S.I. 2019/93, Sch. 1 para. A1(2)(a) (as inserted) by S.I. 2019/1245 reg. 16 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 11AB(1) words inserted by S.I. 2019/93, Sch. 1 para. A1(2)(b) (as inserted) by S.I. 2019/1245 reg. 16 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 11AB(6)(a) words inserted by S.I. 2019/93, Sch. 1 para. A1(3) (as inserted) by S.I. 2019/1245 reg. 16 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 11AB(8) word inserted by S.I. 2019/93, Sch. 1 para. A1(4) (as inserted) by S.I. 2019/1245 reg. 16 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 22(1) words substituted by 2014 c. 18 s. 9(3)
  • s. 24G(5) omitted by S.I. 2019/638 Sch. 8 para. 7 (This amendment not applied to legislation.gov.uk. Sch. 8 para. 7 omitted immediately before IP completion day by virtue S.I. 2020/1050, regs. 1(2), 25)
  • s. 27(1)(a) words inserted by 2014 c. 18 s. 10(3)
  • s. 27A amendment to earlier affecting provision 2007 c. 15 s. 143(2) by 2013 c. 22 Sch. 9 para. 49 (This amendment not applied to legislation.gov.uk. S. 143, which prospectively inserts s. 27A, was repealed without ever being in force (6.4.2015) by 2014 c. 18, s. 10(11); S.I. 2015/165, art. 3)
  • s. 27A inserted by 2007 c. 15 s. 143(2) (This amendment not applied to legislation.gov.uk. S. 143 repealed without ever being in force (6.4.2015) by 2014 c. 18, s. 10(11); S.I. 2015/165, art. 3)
  • s. 27A(4)-(6) omitted by 2013 c. 22 Sch. 9 para. 21(3) (This amendment not applied to legislation.gov.uk. S. 143, which prospectively inserts s. 27A, was repealed without ever being in force (6.4.2015) by 2014 c. 18, s. 10(11); S.I. 2015/165, art. 3)
  • s. 28 repealed by 2007 c. 15 s. 143(1) Sch. 23 Pt. 6 (This amendment not applied to legislation.gov.uk. S. 143 repealed without ever being in force (6.4.2015) by 2014 c. 18, s. 10(11); S.I. 2015/165, art. 3)
  • s. 37(2) words inserted by 2014 c. 18 s. 9(6)
  • s. 37(3) words repealed by 2007 c. 15 Sch. 23 Pt. 6 (This amendment not applied to legislation.gov.uk. Words already repealed (6.4.2015) by 2014 c. 18, s. 10(5); S.I. 2015/165, art. 3)
  • s. 44(1) words repealed by 2007 c. 15 Sch. 23 Pt. 6 (This amendment not applied to legislation.gov.uk. Words already repealed (6.4.2015) by 2014 c. 18, s. 10(4); S.I. 2015/165, art. 3)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Information:

You searched for provisions that are applicable to Scotland. The matching provisions are highlighted below. Where no highlighting is shown the matching result may be contained within a footnote.

  1. Introductory TextNext Match

  2. Registrable designs and proceedings for registrationPrevious MatchNext Match

    1. 1. Registration of designs.Previous MatchNext Match

    2. 1A. Substantive grounds for refusal of registration.Previous MatchNext Match

    3. 1B. Requirement of novelty and individual character.Previous MatchNext Match

    4. 1C. Designs dictated by their technical function.Previous MatchNext Match

    5. 1D. Designs contrary to public policy or morality.Previous MatchNext Match

    6. 2. Proprietorship of designs.Previous MatchNext Match

    7. 3. Applications for registration.Previous MatchNext Match

    8. 3A. Determination of applications for registration.Previous MatchNext Match

    9. 3B. Modification of applications for registration.Previous MatchNext Match

    10. 3C. Date of registration of designs.Previous MatchNext Match

    11. 3D. Appeals in relation to applications for registration.Previous MatchNext Match

    12. 4. Registrable designs and proceedings for registrationPrevious MatchNext Match

    13. 5. Provisions for secrecy of certain designs.Previous MatchNext Match

    14. 6. Registrable designs and proceedings for registrationPrevious MatchNext Match

  3. Effect of registration, etc.Previous MatchNext Match

    1. 7. Right given by registration.Previous MatchNext Match

    2. 7A. Infringements of rights in registered designs.Previous MatchNext Match

    3. 7B.Right of prior usePrevious MatchNext Match

    4. 8. Duration of right in registered design.Previous MatchNext Match

    5. 8A. Restoration of lapsed right in design.Previous MatchNext Match

    6. 8B. Effect of order for restoration of right.Previous MatchNext Match

    7. 9. Exemption of innocent infringer from liability for damages.Previous MatchNext Match

    8. 10. Effect of registration, Previous MatchNext Match

    9. 11. Cancellation of registration.Previous MatchNext Match

    10. 11ZA. Grounds for invalidity of registration.Previous MatchNext Match

    11. 11ZB. Applications for declaration of invalidity.Previous MatchNext Match

    12. 11ZC. Determination of applications for declaration of invalidity.Previous MatchNext Match

    13. 11ZD. Modification of registration.Previous MatchNext Match

    14. 11ZE. Effect of cancellation or invalidation of registration.Previous MatchNext Match

    15. 11ZF. Appeals in relation to cancellation or invalidation.Previous MatchNext Match

    16. 11A. Powers exercisable for protection of the public interest.Previous MatchNext Match

    17. 11AB. Powers exercisable following merger and market investigationsPrevious MatchNext Match

    18. 11B. Effect of registration, Previous MatchNext Match

    19. 12. Use for services of the Crown. Previous MatchNext Match

    20. 12A.Application of the Act to certain registered Community designsPrevious MatchNext Match

    21. 12B.Application of the Act to certain international designsPrevious MatchNext Match

  4. International ArrangementsPrevious MatchNext Match

    1. 13. Orders in Council as to convention countries.Previous MatchNext Match

    2. 14. Registration of design where application for protection in convention country has been made.Previous MatchNext Match

    3. 15. Extension of time for applications under s. 14 in certain cases.Previous MatchNext Match

    4. 15ZA.Accession to the Hague AgreementPrevious MatchNext Match

  5. Property in and dealing with registered designs and applicationsPrevious MatchNext Match

    1. 15A.The nature of registered designsPrevious MatchNext Match

    2. 15B.Assignment, &c of registered designs and applications for registered designsPrevious MatchNext Match

    3. 15C.Exclusive licencesPrevious MatchNext Match

    4. 16. International ArrangementsPrevious MatchNext Match

  6. Register of designs, etc .Previous MatchNext Match

    1. 17. Register of designs etc. Previous MatchNext Match

    2. 18. Certificate of registration.Previous MatchNext Match

    3. 19. Registration of assignments, etc.Previous MatchNext Match

    4. 20. Rectification of register.Previous MatchNext Match

    5. 21. Power to correct clerical errors.Previous MatchNext Match

    6. 22.(1) Where a design has been registered under this Act,...Previous MatchNext Match

    7. 23. Information as to existence of right in registered design.Previous MatchNext Match

  7. Legal proceedings: generalPrevious MatchNext Match

    1. 24A.Action for infringementPrevious MatchNext Match

    2. 24B.Exemption of innocent infringer from liabilityPrevious MatchNext Match

    3. 24C.Order for delivery upPrevious MatchNext Match

    4. 24D.Order as to disposal of infringing articles, &cPrevious MatchNext Match

    5. 24E.Jurisdiction of county court and sheriff courtPrevious MatchNext Match

    6. 24F.Rights and remedies of exclusive licenseePrevious MatchNext Match

    7. 24G.Meaning of “infringing article”Previous MatchNext Match

    8. 24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Previous MatchNext Match

    9. 25. Certificate of contested validity of registration.Previous MatchNext Match

    10. 25A.Privilege for communications with those on the special list of professional designs representativesPrevious MatchNext Match

  8. Unjustified threats Previous MatchNext Match

    1. 26.Threats of infringement proceedingsPrevious MatchNext Match

    2. 26A.Actionable threatsPrevious MatchNext Match

    3. 26B.Permitted communicationsPrevious MatchNext Match

    4. 26C.Remedies and defencesPrevious MatchNext Match

    5. 26D.Professional advisersPrevious MatchNext Match

    6. 26E.Supplementary: pending registrationPrevious MatchNext Match

    7. 26F.Supplementary: proceedings for delivery up etc.Previous MatchNext Match

  9. Meaning of “the court” and appeals Previous MatchNext Match

    1. 27. The court.Previous MatchNext Match

    2. 27A.Appeals from decisions of registrarPrevious MatchNext Match

    3. 27B.Persons appointed to hear and determine appealsPrevious MatchNext Match

    4. 28. The Appeal Tribunal. Previous MatchNext Match

  10. Opinions servicePrevious MatchNext Match

    1. 28A.Opinions on designsPrevious MatchNext Match

  11. Powers and Duties of RegistrarPrevious MatchNext Match

    1. 29. Exercise of discretionary powers of registrar.Previous MatchNext Match

    2. 30. Costs and security for costs.Previous MatchNext Match

    3. 31. Evidence before registrar.Previous MatchNext Match

    4. 31A.Power to require use of formsPrevious MatchNext Match

    5. 32. Powers and Duties of RegistrarPrevious MatchNext Match

  12. OffencesPrevious MatchNext Match

    1. 33. Offences under s. 5.Previous MatchNext Match

    2. 34. Falsification of register, etc.Previous MatchNext Match

    3. 35. Fine for falsely representing a design as registered.Previous MatchNext Match

    4. 35ZA.Offence of unauthorised copying etc. of design in course of businessPrevious MatchNext Match

    5. 35ZB.Section 35ZA: enforcementPrevious MatchNext Match

    6. 35ZC.Section 35ZA: forfeiture in England and Wales or Northern IrelandPrevious MatchNext Match

    7. 35ZD.Section 35ZA: forfeiture in ScotlandPrevious MatchNext Match

    8. 35A.Offence by body corporate or partnership: liability of officers or partnersPrevious MatchNext Match

  13. Rules, etc.Previous MatchNext Match

    1. 36. General power of Board of Trade to make rules, etc. Previous MatchNext Match

    2. 37. Provisions as to rules and Orders.Previous MatchNext Match

    3. 37A.Use of electronic communicationsPrevious MatchNext Match

    4. 38.Previous MatchNext Match

  14. SupplementalPrevious MatchNext Match

    1. 39. Hours of business and excluded days.Previous MatchNext Match

    2. 40. Fees.Previous MatchNext Match

    3. 41. Service of notices, etc., by post.Previous MatchNext Match

    4. 42. Annual report of registrar.Previous MatchNext Match

    5. 43. Savings.Previous MatchNext Match

    6. 44. Interpretation.Previous MatchNext Match

    7. 45. Application to ScotlandPrevious MatchNext Match

    8. 46. Application to Northern Ireland.Previous MatchNext Match

    9. 47. Application to Isle of Man.Previous MatchNext Match

    10. 47A. Territorial waters and the Continental shelf.Previous MatchNext Match

    11. 48. Repeals, savings, and transitional provisions.Previous MatchNext Match

    12. 49. Short title and commencement.Previous MatchNext Match

  15. SCHEDULES

    1. SCHEDULE A1Previous MatchNext Match

      Grounds for refusal of registration in relation to emblems etc.Previous MatchNext Match

      1. 1.Grounds for refusal in relation to certain emblems etc.Previous MatchNext Match

      2. 2.Grounds for refusal in relation to emblems etc. of Paris Convention countriesPrevious MatchNext Match

      3. 3.Grounds for refusal in relation to emblems etc. of certain international organisationsPrevious MatchNext Match

      4. Paragraphs 2 and 3: supplementaryPrevious MatchNext Match

        1. 4.(1) For the purposes of paragraph 2 above state emblems...Previous MatchNext Match

      5. InterpretationPrevious MatchNext Match

        1. 5.In this Schedule— “a Paris Convention country” means a country,...Previous MatchNext Match

    2. FIRST SCHEDULEPrevious MatchNext Match

      Provisions as to the use of Registered Designs for the services of the Crown and as to the Rights of Third Parties in respect of such usePrevious MatchNext Match

      1. 1. Use of registered designs for services of the Crown.Previous MatchNext Match

      2. 2. Rights of third parties in respect of Crown use. Previous MatchNext Match

      3. 2A. Compensation for loss of profit.Previous MatchNext Match

      4. 3. Reference of disputes as to Crown use.Previous MatchNext Match

      5. 4. Special provisions as to Crown use during emergency.Previous MatchNext Match

    3. SCHEDULE 1APrevious MatchNext Match

      EUROPEAN COMMUNITY REGISTERED DESIGNSPrevious MatchNext Match

      1. PART 1 Existing registered Community designsPrevious MatchNext Match

        1. 1.Designs registered as Community designs to be treated as registered under the ActPrevious MatchNext Match

        2. 2.Entries to be made in the register in relation to designs treated as registered under this ActPrevious MatchNext Match

        3. 3.Opt outPrevious MatchNext Match

        4. 4.Effect of claim of priorityPrevious MatchNext Match

        5. 5.Unregistered pre-exit transfersPrevious MatchNext Match

        6. 6.Pre-exit licences to continue to have effect in the United KingdomPrevious MatchNext Match

        7. 7.Security interests in existing registered Community designsPrevious MatchNext Match

        8. 8.Continuity of rights in relation to an existing registered Community designPrevious MatchNext Match

        9. 9.Pending proceedings concerning an existing registered Community designPrevious MatchNext Match

        10. 9A.Existing registered Community design: effect of invalidityPrevious MatchNext Match

        11. 10.Effect of injunction protecting an existing registered Community designPrevious MatchNext Match

      2. PART 2 Applications for registered Community designs which are pending at IP completion dayPrevious MatchNext Match

        1. 11.Applications for registration pending immediately before IP completion dayPrevious MatchNext Match

        2. 12.(1) Where a person who has filed an existing EU...Previous MatchNext Match

      3. PART 3 Registered Community designs where publication is deferred at IP completion dayPrevious MatchNext Match

        1. 13.Designs registered at the EUIPO immediately before IP completion day where publication is deferredPrevious MatchNext Match

        2. 14.(1) This paragraph applies where the proprietor of a deferred...Previous MatchNext Match

      4. PART 4 Treatment of registered Community designs whose registrations expire during the period of six months ending on IP completion dayPrevious MatchNext Match

        1. 15.Application of PartPrevious MatchNext Match

        2. 16.Renewal of registration of an expired Community designPrevious MatchNext Match

      5. PART 5 Restoration of registered Community design registrations and applicationsPrevious MatchNext Match

        1. 17.Restoration of registered Community design to the RCD registerPrevious MatchNext Match

        2. 18.Restoration of application for registered Community designPrevious MatchNext Match

      6. PART 6 InterpretationPrevious MatchNext Match

        1. 19.InterpretationPrevious MatchNext Match

        2. 20.References in this Schedule to an “Article” are to an...Previous MatchNext Match

    4. SCHEDULE 1BPrevious MatchNext Match

      INTERNATIONAL DESIGNSPrevious MatchNext Match

      1. PART 1 Existing international designsPrevious MatchNext Match

        1. 1.International designs in respect of which the European Union is designated to be treated as registered under the ActPrevious MatchNext Match

        2. 2.Entries to be made in the register in relation to designs treated as registered under this ActPrevious MatchNext Match

        3. 3.Opt outPrevious MatchNext Match

        4. 4.Effect of claim of priorityPrevious MatchNext Match

        5. 5.Unregistered pre-exit transfersPrevious MatchNext Match

        6. 6.Pre-exit licences to continue to have effect in the United KingdomPrevious MatchNext Match

        7. 7.Security interests in protected ... international registered designs (EU)Previous MatchNext Match

        8. 8.Continuity of rights in relation to a protected international registered design (EU)Previous MatchNext Match

        9. 9.Pending proceedings concerning a protected international registered design (EU)Previous MatchNext Match

        10. 10.Effect of injunction protecting a protected international registered design (EU)Previous MatchNext Match

      2. PART 2 International registrations in respect of which the period for refusal has not expired before IP completion day etcPrevious MatchNext Match

        1. 11.(1) In this Part references to a “pending international design...Previous MatchNext Match

        2. 12.(1) Where the holder of the international registration to which...Previous MatchNext Match

      3. PART 3 Treatment of international registered designs whose registrations expire during the period of six months ending on IP completion dayPrevious MatchNext Match

        1. 13.Application of PartPrevious MatchNext Match

        2. 14.Renewal of registration of an expired international designPrevious MatchNext Match

      4. PART 4 InterpretationPrevious MatchNext Match

        1. 15.InterpretationPrevious MatchNext Match

    5. SECOND SCHEDULEPrevious MatchNext Match

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