TITLE IX

JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO SUPPLEMENTARY UNREGISTERED DESIGNS
Section 2

Disputes concerning the infringement and validity of supplementary unregistered designs

The “design court” – Jurisdiction over infringement and validity
Article 81
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).
Words in Title 9 Section 2 heading substituted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 1 para. 31 (with reg. 4, Sch. 2 Pt. 1) (as amended by S.I. 2020/1050, regs. 1(2), 14, 19); 2020 c. 1, Sch. 5 para. 1(1)
Words in Title 9 heading substituted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 1 para. 29 (with reg. 4, Sch. 2 Pt. 1) (as amended by S.I. 2020/1050, regs. 1(2), 14, 19); 2020 c. 1, Sch. 5 para. 1(1)
Art. 81 substituted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 1 para. 33 (with reg. 4, Sch. 2 Pt. 1) (as amended by S.I. 2020/1050, regs. 1(2), 14, 17(e), 19); 2020 c. 1, Sch. 5 para. 1(1)