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).