Registered Designs Act 1949

[F111ZB Applications for declaration of invalidity.U.K.

(1)Any person interested may make an application to the registrar for a declaration of invalidity [F2under section 11ZA(1)(a) or (b)] of this Act.

(2)Any person concerned by the use in question may make an application to the registrar for a declaration of invalidity [F3under section 11ZA(1)(c)] of this Act.

(3)The relevant person may make an application to the registrar for a declaration of invalidity [F4under section 11ZA(1A)] of this Act.

(4)In subsection (3) above “the relevant person” means, in relation to an earlier design protected by virtue of registration under this Act[F5or the Community Design Regulation] or an application for such registration, the registered proprietor of the design[F6, the holder of the registered Community design] or (as the case may be) the applicant.

(5)The person able to make an objection under subsection (2), (3) or (4) of section 11ZA of this Act may make an application to the registrar for a declaration of invalidity [F7under] that subsection.

(6)An application may be made under this section in relation to a design at any time after the design has been registered.]

Textual Amendments

F1Ss. 11-11ZF substituted (9.12.2001) for s. 11 by S.I. 2001/3949, reg. 7 (with transitional provisions in regs. 10-14)

F5Words in s. 11ZB(4) inserted (1.4.2003) by Registered Designs Regulations 2003 (S.I. 2003/550), regs. 1(1), 2(3)(a) (with regs. 3-5)

F6Words in s. 11ZB(4) inserted (1.4.2003) by Registered Designs Regulations 2003 (S.I. 2003/550), regs. 1(1), 2(3)(b) (with regs. 3-5)