(1)The right in a registered design subsists in the first instance for a period of five years from the date of the registration of the design.
(2)The period for which the right subsists may be extended for a second, third, fourth and fifth period of five years, by applying to the registrar for an extension and paying the prescribed renewal fee.
(3)If the first, second, third or fourth period expires without such application and payment being made, the right shall cease to have effect; and the registrar shall, in accordance with rules made by the Secretary of State, notify the proprietor of that fact.
(4)If during the period of six months immediately following the end of that period an application for extension is made and the prescribed renewal fee and any prescribed additional fee is paid, the right shall be treated as if it had never expired, with the result that—
(a)anything done under or in relation to the right during that further period shall be treated as valid,
(b)an act which would have constituted an infringement of the right if it has not expired shall be treated as an infringement, and
(c)an act which would have constituted use of the design for the services of the Crown if the right had not expired shall be treated as such use.
F2( 5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2( 6 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Ss. 8, 8A, 8B substituted for s. 8 by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 269(1)(2)
F2S. 8(5)(6) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)