Registered Designs Act 1949

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

• [F1 F2 “Appeal Tribunal” means the Appeal Tribunal constituted and acting in accordance with section 28 of this Act as amended by the M1 Administration 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;

• [F4 “author”in relation to a design, has the meaning given by section 2(3) and (4);]

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

• F3 . . .

• [F1 “the 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 [F8 section 1(2)] of this Act];

• [F9 “employee”, “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 [F11 the 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 [F13 section 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.

Annotations:

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Subordinate Legislation Made

P1 S. 44: power previously exercised by 1989/1105, 1131 and 1990/1698

P2 S. 44(1): s. 36 (with ss. 40 and 44(1)) power exercised by S.I. 1991/1628

Amendments (Textual)

F1 Definition substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(6)

F2 Definition substituted by Administration of Justice Act 1969 (c. 58) Sch. 1

F3 S. 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)

F4 Definition inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(3)

F5 Definition of “copyright” repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 31(4), Sch. 8

F6 S. 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)

F7 Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(7)

F8 S. 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)

F9 Definition inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(8)

F10 Definition of “Journal” repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 31(9), Sch. 8

F11 Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(10)

F12 S. 44(2)(3) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)

F13 Words 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)

Marginal Citations

M1 1969 c. 58.