TITLE IXJURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO SUPPLEMENTARY UNREGISTERED DESIGNS

Section 2Disputes concerning the infringement and validity of supplementary unregistered designs

F1Article 81The “design court” – Jurisdiction over infringement and validity

1.

In this Regulation, “design court” means—

(a)

in England and Wales, the High Court;

(b)

in Scotland, the sheriff court and the Court of Session; and

(c)

in Northern Ireland, the county court and the High Court.

2.

The design court has exclusive jurisdiction—

(a)

for infringement actions and actions in respect of threatened infringement of supplementary unregistered designs;

(b)

for actions for declaration of non-infringement of supplementary unregistered designs;

(c)

for actions for a declaration of invalidity of a supplementary unregistered design;

(d)

for counterclaims for a declaration of invalidity of a supplementary unregistered design raised in connection with actions under (a).