Registered Designs Act 1949

1. Introductory Text

2. Registrable designs and proceedings for registration

   1. 1. Registration of designs.

   2. 1A. Substantive grounds for refusal of registration.

   3. 1B. Requirement of novelty and individual character.

   4. 1C. Designs dictated by their technical function.

   5. 1D. Designs contrary to public policy or morality.

   6. 2. Proprietorship of designs.

   7. 3. Applications for registration.

   8. 3A. Determination of applications for registration.

   9. 3B. Modification of applications for registration.

   10. 3C. Date of registration of designs.

   11. 3D. Appeals in relation to applications for registration.

   12. 4. Registrable designs and proceedings for registration

   13. 5. Provisions for secrecy of certain designs.

   14. 6. Registrable designs and proceedings for registration

3. Effect of registration, etc.

   1. 7. Right given by registration.

   2. 7A. Infringements of rights in registered designs.

   3. 7B. Right of prior use

   4. 8. Duration of right in registered design.

   5. 8A. Restoration of lapsed right in design.

   6. 8B. Effect of order for restoration of right.

   7. 9. Exemption of innocent infringer from liability for damages.

   8. 10. Effect of registration,

   9. 11. Cancellation of registration.

   10. 11ZA. Grounds for invalidity of registration.

   11. 11ZB. Applications for declaration of invalidity.

   12. 11ZC. Determination of applications for declaration of invalidity.

   13. 11ZD. Modification of registration.

   14. 11ZE. Effect of cancellation or invalidation of registration.

   15. 11ZF. Appeals in relation to cancellation or invalidation.

   16. 11A. Powers exercisable for protection of the public interest.

   17. 11AB. Powers exercisable following merger and market investigations

   18. 11B. Effect of registration,

   19. 12. Use for services of the Crown.

4. International Arrangements

   1. 13. Orders in Council as to convention countries.

   2. 14. Registration of design where application for protection in convention country has been made.

   3. 15. Extension of time for applications under s. 14 in certain cases.

   4. 15ZA. Accession to the Hague Agreement

5. Property in and dealing with registered designs and applications

   1. 15A. The nature of registered designs

   2. 15B. Assignment, &c of registered designs and applications for registered designs

   3. 15C. Exclusive licences

   4. 16. International Arrangements

6. Register of designs, etc .

   1. 17. Register of designs etc.

   2. 18. Certificate of registration.

   3. 19. Registration of assignments, etc.

   4. 20. Rectification of register.

   5. 21. Power to correct clerical errors.

   6. 22. (1) Where a design has been registered under this Act,...

   7. 23. Information as to existence of right in registered design.

   8. 24A. Action for infringement

   9. 24B. Exemption of innocent infringer from liability

   10. 24C. Order for delivery up

   11. 24D. Order as to disposal of infringing articles, &c

   12. 24E. Jurisdiction of county court and sheriff court

   13. 24F. Rights and remedies of exclusive licensee

   14. 24G. Meaning of “infringing article”

   15. 24. Register of designs, .

7. Legal proceedings and Appeals

   1. 25. Certificate of contested validity of registration.

   2. 26. Remedy for groundless threats of infringement proceedings.

   3. 27. The court.

   4. 27A. Appeals from decisions of registrar

   5. 27B. Persons appointed to hear and determine appeals

   6. 28. The Appeal Tribunal.

8. Opinions service

   1. 28A. Opinions on designs

9. Powers and Duties of Registrar

   1. 29. Exercise of discretionary powers of registrar.

   2. 30. Costs and security for costs.

   3. 31. Evidence before registrar.

   4. 31A. Power to require use of forms

   5. 32. Powers and Duties of Registrar

10. Offences

    1. 33. Offences under s. 5.

    2. 34. Falsification of register, etc.

    3. 35. Fine for falsely representing a design as registered.

    4. 35ZA. Offence of unauthorised copying etc. of design in course of business

    5. 35ZB. Section 35ZA: enforcement

    6. 35ZC. Section 35ZA: forfeiture in England and Wales or Northern Ireland

    7. 35ZD. Section 35ZA: forfeiture in Scotland

    8. 35A. Offence by body corporate or partnership: liability of officers or partners

11. Rules, etc.

    1. 36. General power of Board of Trade to make rules, etc.

    2. 37. Provisions as to rules and Orders.

    3. 37A. Use of electronic communications

    4. 38. Rules,

12. Supplemental

    1. 39. Hours of business and excluded days.

    2. 40. Fees.

    3. 41. Service of notices, etc., by post.

    4. 42. Annual report of registrar.

    5. 43. Savings.

    6. 44. Interpretation.

    7. 45. Application to Scotland

    8. 46. Application to Northern Ireland.

    9. 47. Application to Isle of Man.

    10. 47A. Territorial waters and the Continental shelf.

    11. 48. Repeals, savings, and transitional provisions.

    12. 49. Short title and commencement.

13. SCHEDULES

    1. SCHEDULE A1

       Grounds for refusal of registration in relation to emblems etc.

       1. 1. Grounds for refusal in relation to certain emblems etc.

       2. 2. Grounds for refusal in relation to emblems etc. of Paris Convention countries

       3. 3. Grounds for refusal in relation to emblems etc. of certain international organisations

       4. Paragraphs 2 and 3: supplementary

          1. 4. (1) For the purposes of paragraph 2 above state emblems...

       5. Interpretation

          1. 5. In this Schedule— “a Paris Convention country” means a country,...

    2. FIRST SCHEDULE

       Provisions as to the use of Registered Designs for the services of the Crown and as to the Rights of Third Parties in respect of such use

       1. 1. Use of registered designs for services of the Crown.

       2. 2. Rights of third parties in respect of Crown use.

       3. 2A. Compensation for loss of profit.

       4. 3. Reference of disputes as to Crown use.

       5. 4. Special provisions as to Crown use during emergency.

    3. SECOND SCHEDULE