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Registered Designs Act 1949

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44 Interpretation.E+W+S+N.I.

(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned by them, that is to say

  • [F1F2Appeal Tribunal” means the Appeal Tribunal constituted and acting in accordance with section 28 of this Act as amended by the M1Administration of Justice Act 1969;]

  • F3. . .

  • F3. . .

  • assignee” includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person;

  • [F4author”in relation to a design, has the meaning given by section 2(3) and (4);]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

  • F3. . .

  • [F1the court” shall be construed in accordance with section 27 of this Act;]

[F6“complex product” has the meaning assigned to it by section 1(3) of this Act;]

  • design” has the meaning assigned to it by [F7[F8section 1(2)] of this Act];

  • [F9employee”, “employment”, and “employer” refer to employment under a contract of service or of apprenticeship,]

[F6“national unregistered design right” means design right within the meaning of Part III of the Copyright, Designs and Patents Act 1988;]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

  • prescribed” means prescribed by rules made by [F11the Secretary of State] under this Act;

[F6“product” has the meaning assigned to it by section 1(3) of this Act;]

  • proprietor” has the meaning assigned to it by section two of this Act;

  • registered proprietor” means the person or persons for the time being entered in the register of designs as proprietor of the design;

  • registrar” means the Comptroller-General of Patents Designs and Trade Marks;

  • F3. . .

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of subsection (1) of [F13section 14 of this Act], the expression “personal representative”, in relation to a deceased person, includes the legal representative of the deceased appointed in any country outside the United Kingdom.

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Subordinate Legislation Made

P1S. 44: power previously exercised by 1989/1105, 1131 and 1990/1698

P2S. 44(1): s. 36 (with ss. 40 and 44(1)) power exercised by S.I. 1991/1628

Amendments (Textual)

F2Definition substituted by Administration of Justice Act 1969 (c. 58) Sch. 1

F3S. 44: definitions of“article”,“artistic work”,“corresponding design” and“set of articles” repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)

F6S. 44(1): definitions of“complex product”,“national unregistered design right” and“product” inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(3) (with transitional provisions in regs. 10-14)

F8S. 44(1): words in the definition of“design” substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(2) (with transitional provisions in regs. 10-14)

F12S. 44(2)(3) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)

F13Words in s. 44(4) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(4) (with transitional provisions in regs. 10-14)

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