Registered Designs Act 1949

1. Introductory Text

2. Registrable designs and proceedings for registration

   1. 1. Registration of designs.

   2. 1A. Substantive grounds for refusal of registration.

   3. 1B. Requirement of novelty and individual character.

   4. 1C. Designs dictated by their technical function.

   5. 1D. Designs contrary to public policy or morality.

   6. 2. Proprietorship of designs.

   7. 3. Applications for registration.

   8. 3A. Determination of applications for registration.

   9. 3B. Modification of applications for registration.

   10. 3C. Date of registration of designs.

   11. 3D. Appeals in relation to applications for registration.

   12. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   13. 5. Provisions for secrecy of certain designs.

   14. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Effect of registration, etc.

   1. 7. Right given by registration.

   2. 7A. Infringements of rights in registered designs.

   3. 8. Duration of right in registered design.

   4. 8A. Restoration of lapsed right in design.

   5. 8B. Effect of order for restoration of right.

   6. 9. Exemption of innocent infringer from liability for damages.

   7. 10. Compulsory licence in respect of registered design.

   8. 11. Cancellation of registration.

   9. 11ZA. Grounds for invalidity of registration.

   10. 11ZB. Applications for declaration of invalidity.

   11. 11ZC. Determination of applications for declaration of invalidity.

   12. 11ZD. Modification of registration.

   13. 11ZE. Effect of cancellation or invalidation of registration.

   14. 11ZF. Appeals in relation to cancellation or invalidation.

   15. 11A. Powers exercisable for protection of the public interest.

   16. 11AB. Powers exercisable following merger and market investigations

   17. 11B. Undertaking to take licence of right in infringement proceedings.

   18. 12. Use for services of the Crown.

4. International Arrangements

   1. 13. Orders in Council as to convention countries.

   2. 14. Registration of design where application for protection in convention country has been made.

   3. 15. Extension of time for applications under s. 14 in certain cases.

   4. 16. Protection of designs communicated under international agreements.

5. Register of designs, etc .

   1. 17. Register of designs etc.

   2. 18. Certificate of registration.

   3. 19. Registration of assignments, etc.

   4. 20. Rectification of register.

   5. 21. Power to correct clerical errors.

   6. 22. (1) Where a design has been registered under this Act,...

   7. 23. Information as to existence of right in registered design.

   8. 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Legal proceedings and Appeals

   1. 25. Certificate of contested validity of registration.

   2. 26. Remedy for groundless threats of infringement proceedings.

   3. 27. The court.

   4. 28. The Appeal Tribunal.

7. Powers and Duties of Registrar

   1. 29. Exercise of discretionary powers of registrar.

   2. 30. Costs and security for costs.

   3. 31. Evidence before registrar.

   4. 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. Offences

   1. 33. Offences under s. 5.

   2. 34. Falsification of register, etc.

   3. 35. Fine for falsely representing a design as registered.

   4. 35A. Offence by body corporate: liability of officers.

9. Rules, etc.

   1. 36. General power of Board of Trade to make rules, etc.

   2. 37. Provisions as to rules and Orders.

   3. 38. (1) . . . . . . . . ....

10. Supplemental

    1. 39. Hours of business and excluded days.

    2. 40. Fees.

    3. 41. Service of notices, etc., by post.

    4. 42. Annual report of registrar.

    5. 43. Savings.

    6. 44. Interpretation.

    7. 45. Application to Scotland.

    8. 46. Application to Northern Ireland.

    9. 47. Application to Isle of Man.

    10. 47A. Territorial waters and the Continental shelf.

    11. 48. Repeals, savings, and transitional provisions.

    12. 49. Short title and commencement.

11. SCHEDULES

    1. SCHEDULE A1

       Grounds for refusal of registration in relation to emblems etc.

       1. 1. Grounds for refusal in relation to certain emblems etc.

       2. 2. Grounds for refusal in relation to emblems etc. of Paris Convention countries

       3. 3. Grounds for refusal in relation to emblems etc. of certain international organisations

       4. Paragraphs 2 and 3: supplementary

          1. 4. (1) For the purposes of paragraph 2 above state emblems...

       5. Interpretation

          1. 5. In this Schedule— “a Paris Convention country” means a country,...

    2. FIRST SCHEDULE

       Provisions as to the use of Registered Designs for the services of the Crown and as to the Rights of Third Parties in respect of such use

       1. 1. Use of registered designs for services of the Crown.

       2. 2. Rights of third parties in respect of Crown use.

       3. 2A. Compensation for loss of profit.

       4. 3. Reference of disputes as to Crown use.

       5. 4. Special provisions as to Crown use during emergency.

    3. SECOND SCHEDULE