SCHEDULE 2Continuing unregistered Community designs
PART 22005 Regulations and continuing unregistered Community designs
48
The 2005 Regulations apply to continuing unregistered community designs subject to the following modification.
Regulation 1: interpretation49
In regulation 1—
a
for the definitions in paragraph (2), substitute—
“design court” has the meaning given by Article 81 of the Design Regulation;
“Design Regulation” means Council Regulation (EC) No 6/2002 of 12th December 2001 on Community Designs as amended by regulation 5 of, and Part 1 of Schedule 2 to, the Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2018; and
“continuing unregistered Community design” has the meaning given by Article 1 of the Design Regulation.
b
omit paragraph (3).
Regulation 1A: infringement proceedings50
In regulation 1A—
a
in paragraph (1) omit “Community”, in both places where it appears;
b
in paragraph (2)—
i
for “paragraphs (3) to”, substitute “paragraph”;
ii
before “Community”, in both places where it appears, insert “continuing unregistered”;
c
omit paragraphs (3) and (4); and
d
in paragraph (5), for “an”, in both places where it appears, substitute “a continuing”.
Regulation 1B: order for delivery up51
In regulation 1B—
a
in paragraph (1)(b)—
i
before “Community”, in the first and second places where it appears, insert “continuing unregistered”;
ii
omit “Community”, in the third place where it appears;
iii
before “court”, in the second place where it appears, insert “design”;
b
in paragraph (2), before “court”, in both places where it appears, insert “design”;
c
in paragraph (4), before “Community”, insert “continuing unregistered”;
d
in paragraph (8), before “court”, insert “design”.
Regulation 1C: order for disposal52
In regulation 1C—
a
in paragraph (1)—
i
in the words before paragraph (a), omit “Community”;
ii
in paragraph (a), before “Community”, insert “continuing unregistered”;
iii
in sub-paragraph (b), before “court”, insert “design”;
b
in paragraph (2)—
i
before “court, insert “design”;
ii
before “Community”, insert “continuing unregistered”;
c
in paragraphs (3) and (4), before “court”, in each place where it appears, insert “design”.
Regulation 1D: meaning of “infringing article”53
In regulation 1D—
a
in paragraph (2), before “Community”, insert “continuing unregistered”;
b
in paragraph (3)(b)—
i
before “Community”, in the first place where it appears, insert “continuing unregistered”;
ii
omit “Community”, in the second place where it appears;
c
in paragraph (4), before “Community, in both places where it appears, insert “continuing unregistered”;
d
in paragraph (5), for “an enforceable” to the end of the sentence, insert “anything which forms part of retained EU law as a result of section 3 or 4 of the European Union (Withdrawal) Act 20189.”.
Regulation 2: unjustified threats: threats of infringement proceedings54
In regulation 2(1), before “Community”, in both places where it appears, insert “continuing unregistered”.
Regulation 2B: unjustified threats: permitted communications55
In regulation 2B—
a
in paragraph (2), before “Community”, in each place where it appears, insert “continuing unregistered”;
b
in paragraph (3), before “court”, insert “design”;
c
in paragraph (5)—
i
omit sub-paragraphs (a)(i) and (ii);
ii
in sub-paragraph (b), before “Community”, in both places where it appears, insert “continuing unregistered”.
Regulation 2C, 2E and 2F: unjustified threats: general56
1
In regulation 2C(2), before “Community”, insert “continuing unregistered”.
2
Omit regulation 2E.
3
In regulation 2F, before “Community”, insert “continuing unregistered”.
Regulation 3: false representation57
Omit regulation 3.
Regulation 4: privileged communications58
In regulation 4—
a
in paragraph (1), for “any”, in the second place where it appears, substitute “a continuing unregistered Community”;
b
for paragraph (3), substitute—
3
In paragraph (2) “professional designs representative” means a person whose name appears on—
a
the special list of professional representatives for design matters maintained by the European Union Intellectual Property Office referred to in Article 78(4) of Council Regulation (EC) 6/2002 of 12th December 2001 on Community designs as it had effect immediately before exit day.
Regulation 5 and the Schedule: services of the Crown59
1
In regulation 5—
a
in the heading, before “Community”, insert “continuing unregistered”;
b
for “registered Community designs and” substitute “continuing”.
2
In the Schedule—
a
before “Community”, in each place where it appears, insert “continuing unregistered”;
b
before “court”, in each place where it appears, insert “design”;
c
omit paragraph 5(6).