SCHEDULE 1 Amendments to the Design Regulation and 2005 Regulations relating to the creation and application of the supplementary unregistered design right etc.

PART 1 Design Regulation and supplementary unregistered designs

33 Substitution of Article 81 (The “design court” – jurisdiction over infringement and validity)
For Article 81, substitute—

“Article 81 The “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 continuing a supplementary unregistered design raised in connection with actions under (a).”