SCHEDULE 1U.K.CONSEQUENTIAL AMENDMENTS

Registered Designs Act 1949U.K.

15.—(1) Schedule 1 to that Act (use of registered designs for the services of the Crown) shall be amended as follows.U.K.

(2) In paragraph 1(6)(1) and (7), for the word “articles”, in each place where it appears, there shall be substituted “products”.

(3) In paragraph 2(1)(2) for the words “design right” there shall be substituted “national unregistered design right”.

(4) In paragraph 2A(1) and (4)(3)—

(a)for the word “articles” there shall be substituted “products”; and

(b)after the word “applied” there shall be inserted “or in which it is incorporated”.

(5) In paragraph 3(2)(a)—

(a)after the word “proceedings” there shall be inserted “and the department are a relevant person within the meaning of section 20 of this Act”;

(b)for the word “cancellation” there shall be substituted “invalidation”; and

(c)for the word “cancelled” there shall be substituted “declared invalid”.

(6) In paragraph 3(2)(b)—

(a)after the word “case” there shall be inserted “and provided that the department would be the relevant person within the meaning of section 20 of this Act if they had made an application on the grounds for invalidity being raised”; and

(b)for the word “cancellation” there shall be substituted “invalidation”.

Commencement Information

I1Sch. 1 para. 15 in force at 9.12.2001, see reg. 1(1)

(1)

Paragraph 1(6) was substituted by section 1(1) and (4) of the Defence Contracts Act 1958 (c. 38).

(2)

The words “design right” were inserted into paragraph 2(1) by section 272 of, and paragraph 37(2) of Schedule 3 to, the 1988 Act.

(3)

Paragraph 2A was inserted by section 271 of the 1988 Act in relation to any Crown use of a registered design after 1st August 1989 even if the terms for such use were settled before that date.