The Designs (International Registration of Industrial Designs) Order 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under the powers conferred by section 15ZA of the Registered Designs Act 1949 (‘RDA’) to give effect in the United Kingdom to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs and the Commons Regulations made under that Act. The Geneva Act, which was adopted on 2nd July 1999 and entered into force on 23rd December 2003, allows designers to obtain design protection in a number of countries through a single international registration. The text of the Geneva Act and the Common Regulations is available electronically from http://www.wipo.int/treaties/en/registration/hague.

As a result of the United Kingdom’s ratification of the Geneva Act, it will be possible for applicants for an international registration to apply for protection of their designs in the United Kingdom and the Isle of Man (the expression “United Kingdom” in the RDA includes the Isle of Man – See section 47 of the RDA). An international registration designating the United Kingdom has, from the date of its protection in the United Kingdom, the same effect as the registration of a design in the United Kingdom under the Act.

Article 2 sets out definitions of terms used in the Order.

Article 3 provides for the provisions of the RDA and the Registered Designs Rules 2006 (“the 2006 Rules”) to apply to a design which is the subject of a protected international registration (UK) and a request for international registration (UK). Schedule 1 sets out the provisions of the RDA and the 2006 Rules that do not apply to a protected international registration (UK) or request for international registration (UK). Schedule 2 sets out the modifications of the provisions of the RDA and the 2006 Rules that apply to these registrations.

Article 4 provides that the registrar may communicate such information as is required to the International Bureau.

A full impact assessment of the effect that ratification of the Geneva Act will have on the costs of business, the voluntary sector and the public sector was prepared for the Intellectual Property Act 2014 which amended the RDA to include the powers for ratification of the Geneva Act of the Hague Agreement. This is available from the Intellectual Property Office, Concept House, Cardiff Road, Newport NP10 8QQ. An Explanatory Memorandum has been prepared and is available alongside the instrument on www.legislation.gov.uk. Copies have also been placed in the libraries of both Houses of Parliament. Copies of the Geneva Act and Common Regulations are also available from the Intellectual Property Office.