The Registered Designs Rules 2006

Rule 47(1)

SCHEDULE 2 U.K. TRANSITIONAL PROVISIONS

PART 1 U.K. PROVISIONS RELATING TO PENDING APPLICATIONS

Interpretation U.K.

1.  In this Part—

“the old Rules” means the Registered Designs Rules 1995 M1 as they had effect immediately before the coming into force of these Rules; and

“the RRO” means the Regulatory Reform (Registered Designs) Order 2006 M2 .

Marginal Citations

M1 SI 1995/ 2912, amended by SI 1999/3196, 2001/3950, 2006/760 and 2006/1029.

M2 SI 2006/1974.

Statement of objections U.K.

2.  Where—

(a) the registrar sent the applicant a statement of objections under rule 29 of the old Rules; and

(b) the applicant has not sent to the registrar his observations in writing on the objections,

the objections shall be treated as the “statement of objections” under rule 8 of these Rules and the date on which the objections were sent shall be treated as the date on which the applicant was notified under rule 8(1).

Period prescribed for the purposes of section 3B(3) U.K.

3.  Where—

(a) the period prescribed by rule 10 of these Rules has expired before the date on which these Rules come into force; and

(b) the period prescribed for the purposes of section 3B by rule 36A of the old Rules has not expired before the date on which these Rules come into force,

the period prescribed for the purposes of section 3B(3) shall be that mentioned in rule 36A of the old Rules.

Publication U.K.

4.  Rules 9 and 11 shall not apply where the application for registration of a design under the Act was made before these Rules come into force.

Restoration U.K.

5.  An application made in accordance with rule 41(2) of the old Rules shall be treated as made in accordance with rule 13(1) of these Rules.

Inspection of register U.K.

6.  Where the amendments made to section 22, by article 16(2)(b) and (3) of the RRO, do not apply to a registration under the Act (by reason of article 19 of the RRO), rule 69 of the old Rules shall continue to have effect in relation to that registration.

Inspection of documents U.K.

7.  Rules 29 and 30 shall not apply to any document filed at the Patent Office before these Rules come into force.

Requests for certified copies U.K.

8.  A request under rule 72 of the old Rules for a certified copy of any representation, specimen or document kept at the Patent Office shall be treated as an application under rule 33(1) of these Rules.

Invalidity proceedings U.K.

9.—(1) The time the registrar allowed under rule 53 of the old Rules for the filing of the counter-statement shall be treated as the period specified under rule 15(4) of these Rules.

(2) Where—

(a) an application for a declaration of invalidity which was made before these Rules came into force; and

(b) a counter-statement has been filed by the registered proprietor,

the registrar shall, within 28 days of these Rules coming into force, specify the periods within which any evidence may be filed, in accordance with rule 16(1).

PART 2 U.K. PROVISIONS RELATING TO APPLICATIONS UNDER THE OLD ACT

Interpretation U.K.

10.  In this Part, “ the old Act” means the Registered Designs Act 1949 as it had effect on 27th October 2001.

Application of this Part U.K.

11.  This Part applies to—

(a) transitional registrations, within the meaning of regulation 11 of the Registered Designs Regulations 2001 M3 ;

(b) post-1989 registrations, within the meaning of regulation 12 of those Regulations; and

(c) pre-1989 registrations, within the meaning of regulation 13 of those Regulations.

Marginal Citations

M3 SI 2001/3949.

Meaning of applied industrially U.K.

12.  For the purposes of section 6 of the old Act, the circumstances in which a design shall be regarded as “applied industrially” are—

(a) where the design is applied to more than fifty articles, which do not all together constitute a single set of articles (within the meaning of section 44(1) of the old Act); or

(b) where the design is applied to goods manufactured in lengths or pieces, not being hand-made goods.

Applications under section 11(2) of old Act U.K.

13.—(1) Part 4 of these Rules applies to an application under section 11(2) of the old Act for the cancellation of registration as it applies to an application for a declaration of invalidity under section 11ZB of the Act.

(2) Where an application is made under section 11(2) of the old Act, any reference in rule 15(1) to an application for a declaration of invalidity under section 11ZB of the Act shall be construed as a reference to an application under the relevant provision of the old Act.

(3) For the purposes of rule 23(1), an application under section 11(2) of the old Act shall be treated as if it were mentioned in section 30(3) of the Act.