The Community Designs (Designation of Community Design Courts) Regulations 2005

Statutory Instruments

2005 No. 696

DESIGNS

The Community Designs (Designation of Community Design Courts) Regulations 2005

Made

10th March 2005

Laid before Parliament

16th March 2005

Coming into force

6th April 2005

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to measures relating to the legal protection of designs(2), in exercise of powers conferred on her by that section makes the following Regulations:

1.  These Regulations may be cited as the Community Designs (Designation of Community Design Courts) Regulations 2005 and shall come into force on 6th April 2005.

2.—(1) For the purposes of Article 80 of the Council Regulation (EC) No. 6/2002 of 12th December 2001 on Community designs, the following courts are designated as Community design courts—

(a) in England and Wales—

(i) the High Court; and

(ii) any county court designated as a patents county court under section 287(1) of the Copyright, Designs and Patents Act 1988(3);

(b) in Scotland, the Court of Session; and

(c) in Northern Ireland, the High Court.

(2) For the purpose of hearing appeals from judgments of the courts designated by paragraph (1), the following courts are designated as Community design courts—

(a) in England and Wales, the Court of Appeal;

(b) in Scotland, the Court of Session;

(c) in Northern Ireland, the Court of Appeal.

Sainsbury of Turville

Parliamentary Under Secretary of State for Science and Innovation

Department of Trade and Industry

10th March 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations designate those courts in the United Kingdom which shall have jurisdiction in respect of Community designs in accordance with Article 80 of Council Regulation (EC) No. 6/2002 on Community designs (OJ L3, 5.1.2002, p.1).

(1)

1972 c. 68.

(2)

S.I. 2000/1813.

(3)

1988 c. 48.