(1)If any person fails to comply with any direction given under section five of this Act or makes or causes to be made an application for the registration of a design in contravention of that section, he shall be guilty of an offence and liable—
[F1(a)on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both;
(b)on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
F1S. 33(1)(a)(b) substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 22(2)(4)
F2S. 33(2) repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 22(3)(4), Sch. 8
If any person makes or causes to be made a false entry in the register of designs, or a writing falsely purporting to be a copy of an entry in that register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he [F3shall be guilty of an offence and liable—
(a)on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both;
(b)on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both.]
Textual Amendments
F3Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 23(1)(2)
(1)If any person falsely represents that a design applied to [F4, or incorporated in, any product] sold by him is registered F5. . ., he shall be liable on summary conviction to [F6a fine not exceeding level 3 on the standard scale]; and for the purposes of this provision a person who sells [F4a product] having stamped, engraved or impressed thereon or otherwise applied thereto the word “registered”, or any other word expressing or implying that the design applied to [F4, or incorporated in, the product] is registered, shall be deemed to represent that the design applied to [F4, or incorporated in, the product] is registered F5. . ..
(2)If any person, after [F7the right in a registered design] has expired, marks [F4any product] to which the design has been applied [F8or in which it has been incorporated] with the word “registered”, or any word or words implying that there is a [F9subsisting right in the design under this Act], or causes any [F4such product] to be so marked, he shall be liable on summary conviction to [F10a fine not exceeding level 1 on the standard scale]
[F11(3)For the purposes of this section, the use in the United Kingdom in relation to a design—
(a)of the word “registered”, or
(b)of any other word or symbol importing a reference (express or implied) to registration,
shall be deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in the United Kingdom and that the design is in fact so registered.]
Textual Amendments
F4Words in s. 35(1)(2) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 10(2)(a)(c)(d)(3)(a)(c) (with transitional provisions in regs. 10-14)
F5Words in s. 35(1) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 10(2)(b)(e), Sch. 2 (with transitional provisions in regs. 10-14)
F6Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(2)(4)
F7Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(3)(a)
F8Words in s. 35(2) inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 10(3)(b) (with transitional provisions in regs. 10-14)
F9Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(3)(b)
F10Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 24(3)(c)
F11S. 35(3) inserted (1.10.2005) by Community Design Regulations 2005 (S.I. 2005/2339), regs. 1(1), 6
(1)Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2)In relation to a body corporate whose affairs are managed by its members “director” means a member of the body corporate.]
Textual Amendments
F12S. 35A inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 25(1)(2)