The Registered Designs (Fees) (Amendment) Rules 2001

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Registered Designs (Fees) Rules 1998 (S.I. 1998/1777) consequent upon amendments made to the Registered Designs Act 1949 (1949 c. 88) and the Registered Designs Rules 1995 (S.I. 1995/2912 as amended by S.I. 1999/3196) in order to implement Directive 98/71/EC of the European Parliament and of the Council of 13th October 1998 on the legal protection of designs (O.J. No. L289, 28.10.98, p. 28).

In particular:

(a) designs are presently registered in respect of a specified article or set of articles but in future designs will be registered without such specification. These Rules therefore amend the provisions for fees in respect of applications for registration of designs by omitting the provision requiring a fee for an application for registration of a design to be applied to a set of articles and by omitting references to designs applied to a single article in the remaining such provisions. There is no change in the fees payable under these remaining provisions;

(b) in future, compulsory licences and licences of right will not be granted. These Rules therefore omit the provisions for fees in respect of the grant of compulsory licences and settlement of the terms of licences of right. They also amend the references to cancellation of registration to correspond to amendments being made to the Registered Designs Rules 1995 in respect of cancellation. The fees payable in future for applications for cancellation or invalidation of registration will be the same as the fees now payable for cancellation.

A regulatory impact assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies of the assessment are also available from the Intellectual Property Policy Directorate of the Patent Office, Room 3B38, Concept House, Cardiff Road, Newport NP10 8QQ.