The Registered Designs (Amendment) Rules 2001

Transitional provisions

29.—(1) This rule applies to—

(a) any registration under the Registered Designs Act 1949 which—

(i) has resulted from an application made on or after 1st August 1989 and before the coming into force of these Rules; and

(ii) has given rise to a right in a registered design which is not in force at the coming into force of these Rules but which is capable of being treated as never having ceased to be in force by virtue of section 8(4) of the Registered Designs Act 1949 or of being restored by virtue of sections 8A and 8B of that Act;

(b) any registration under the Registered Designs Act 1949 which—

(i) has resulted from an application made before 1st August 1989; and

(ii) has given rise to a copyright in a registered design which is not in force at the coming into force of these Rules but which would be capable of coming back into force by virtue of an extension of the period of copyright under section 8(2) of the Registered Designs Act 1949 if that provision were amended as set out in regulation 13(8) of the Registered Designs Regulations 2001; and

(c) any former registration under the Registered Designs Act 1949 which resulted from an application made before the coming into force of these Rules.

(2) The amendments and revocations made by rules 14, 17 to 19 and 21 of these Rules and the substitution of a new Designs Form 19A made by rule 26 of these Rules shall not apply in relation to lapsed and former registrations as mentioned in paragraph (1) so far as the amendments and revocations relate to the cancellation or invalidation of any such registration (other than cancellation by virtue of section 11(3) of the Registered Designs Act 1949 as it has effect immediately before the coming into force of the Registered Designs Regulations 2001 unless such cancellation is by reference to an expiry of copyright occurring before the coming into force of these Rules).