SCHEDULES

[F1 SCHEDULE 1A U.K.EUROPEAN COMMUNITY REGISTERED DESIGNS

Textual Amendments

F1 Schs. 1A, 1B inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 3 para. 3 (with Sch. 5 Pt. 1) (as amended by S.I. 2020/1050, regs. 1(2), 23); 2020 c. 1, Sch. 5 para. 1(1)

PART 1 U.K.Existing registered Community designs

Designs registered as Community designs to be treated as registered under the Act U.K.

1 (1) A design which, immediately before [F2 IP completion day], is entered in the RCD register and has been published in the Community Designs Bulletin as mentioned in Article 73(1) (an “existing registered Community design”) is to be treated on and after [F2 IP completion day] as if an application for its registration had been made, and it had been registered, under this Act.

(2) A registered design which comes into being by virtue of sub-paragraph (1) is referred to in this Schedule as a “re-registered design”.

(3) This Act applies to a re-registered design as it applies to other registered designs except as otherwise provided in this Schedule.

(4) For the purposes of this Act—

(a) the date of registration of a re-registered design is the date on which the existing registered Community design from which the re-registered design derives was treated as registered under the Community Design Regulation, and

(b) the date of the application of a re-registered design is the date treated, under Article 38, as the date of filing of the application for the registration of the existing registered Community design from which the re-registered design derives.

(5) Nothing in this Act authorises the imposition of a fee, or the making of provision by rules or regulations which authorises the imposition of a fee, in respect of any matter relating to a re-registered design (see instead provision made by regulations under Schedule 4 to the European Union (Withdrawal) Act 2018).

(6) The following provisions of this Act do not apply to a re-registered design—

(a) section 7A(6);

(b) section 18.

(7) In this Schedule—

(a) “the RCD register” means the register of registered Community designs maintained under Article 72;

(b) “the Community Design Regulation” means Council Regulation (EC) No 6/2002 of 12th December 2001 on Community Designs as it had effect immediately before [F2 IP completion day].]

Textual Amendments

F2 Words in Sch. 1A substituted in earlier amending provision S.I. 2019/638, Sch. 3 para. 3 (31.12.2020) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 21(c)(i)