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SCHEDULES

[F1SCHEDULE 1AU.K.EUROPEAN COMMUNITY REGISTERED DESIGNS

PART 1U.K.Existing registered Community designs

Pre-exit licences to continue to have effect in the United KingdomU.K.

6(1)This paragraph applies where immediately before [F2IP completion day] an existing registered Community design is the subject of a licence which—

(a)authorises the doing of acts in the United Kingdom which would otherwise infringe an existing registered Community design, and

(b)does not expire on [F2IP completion day] (a “relevant licence”).

(2)Subject to any agreement to the contrary between the licensee and the licensor, a relevant licence continues to authorise the doing of acts which would otherwise infringe the right in the re-registered design which derives from the existing registered Community design.

(3)Sub-paragraph (2) is subject to the terms on which the relevant licence was granted, subject to such modifications as are necessary for their application in the United Kingdom.

(4)Section 19 (registration of assignments, etc.) applies in relation to a relevant licence as if it were a licence of the re-registered design deriving from the existing registered Community design which is subject to the relevant licence, subject to the following modification.

(5)Where immediately before [F2IP completion day] there is an entry in the RCD register relating to the relevant licence, section 19(5) does not apply to the licence until after the expiry of the period of 12 months beginning with the day after that on which [F2IP completion day] falls.]

Textual Amendments

F2Words 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)