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

PART 1Design Regulation and supplementary unregistered designs

Amendments to Article 85 (presumption of validity – defence as to the merits)

36.  In Article 85—

(a)omit point 1;

(b)in point 2—

(i)for “an”, in the third place it appears, substitute “a supplementary”;

(ii)omit “Community”, in the first and second places it appears;

(iii)for “Community”, in the third and fourth places it appears, substitute “supplementary unregistered”.