• Design

    Index to The Registered Designs Act 1949 as amended

    Registrable designs and proceedings for registration

    1: Registration of designs.
    1A: Substantive grounds for refusal of registration.
    B: Requirement of novelty and individual character.
    1C: Designs dictated by their technical function.
    1D: Designs contrary to public policy or morality.
    2: Proprietorship of designs.
    3: Applications for registration.
    3A: Determination of applications for registration.
    3B: Modification of applications for registration.
    3C: Date of registration of designs.
    3D: Appeals in relation to applications for registration
    4: Repealed
    5: Provisions for secrecy of certain designs.
    6: Repealed

    Effect of registration, &c.

    7: Right given by registration.
    7A: Infringement of rights in registered designs.
    8: Duration of right in registered design.
    8A: Restoration of lapsed right in design.
    8B: Effect of order for restoration of right.
    9: Repealed SI 2006-1028.
    10: Repealed
    11: Cancellation of registration.
    11ZA: Grounds for invalidity.
    11ZB: Applications for declaration of invalidity.
    11ZC: Determination of applications for declaration of invalidity.
    11ZD: Modification of registration.
    11ZE: Effect of cancellation or invalidation of registration.
    11ZF: Appeals in relation to cancellation or invalidation.
    11A: Powers exercisable for protection of the public interest.
    11B: Repealed
    12: Use for services of the Crown.

    International Arrangements

    13: Orders in Council as to convention countries.
    14: Registration of design where application for protection in convention country has been made.
    15: Extension of time for applications under s.14 in certain cases.
    15A: The nature of registered designs.
    15B: Assignment, &c of registered designs and applications for registered designs.
    15C: Exclusive licences.
    16: Repealed

    Register of designs, etc.

    17: Register of designs.
    18: Certificate of registration.
    19: Registration of assignments, etc.
    20: Rectification of register.
    21: Power to correct clerical errors.
    22: Inspection of registered designs.
    23: Information as to existence of right in registered design.

    Legal proceedings and appeals

    24A: Action for infringement.
    24B: Exemption of innocent infringer from liability.
    24C: Order for delivery up.
    24D: Order as to disposal of infringing articles, &c.
    24E: Jurisdiction of county court and sheriff court.
    24F: Rights and remedies of exclusive licensee.
    24G: Meaning of "infringing article".
    25: Certificate of contested validity of registration.
    26: Remedy for groundless threats of infringement proceedings.
    27: The court.
    28: The Appeal Tribunal.

    Powers and duties of Registrar

    29: Exercise of discretionary powers of registrar.
    30: Costs and security for costs.
    31: Evidence before registrar.

    Offences

    33: Offences under s.5.
    34: Falsification of register, etc.
    35: Fine for falsely representing a design as registered.
    35A: Offence by body corporate: liability of officers.

    Rules, etc.

    36: General power of Secretary of State to make rules, etc.
    37: Provisions as to rules and Orders.

    Supplemental

    39: Hours of business and excluded days.
    40: Fees.
    41: Service of notices, &c., by post.
    42: Annual report of registrar.
    43: Savings.
    44: Interpretation.
    45: Application to Scotland.
    46: Application to Northern Ireland.
    47: Application to Isle of Man.
    47A: Territorial waters and the continental shelf.
    48: Repeals, savings, and transitional provisions.
    49: Short title and commencement.

    SCHEDULE A1

    GROUNDS FOR REFUSAL OF REGISTRATION IN RELATION TO EMBLEMS ETC.

    1: grounds for refusal in relation to certain emblems etc.
    2: grounds for refusal in relation to emblems etc. of Paris Convention countries
    3: grounds for refusal in relation to emblems etc. of certain international organisations
    4: paragraphs 2 and 3: supplementary
    5: interpretation

    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: use of registered designs for services of the crown.
    2: rights of third parties in respect of crown use.
    2A: compensation for loss of profit.
    3: reference of disputes as to crown use.
    4: special provisions as to crown use during emergency.

    The Community Design Regulations 2005

    SCHEDULE

    1: Use of Community design for services of the Crown.
    2: Settlement of terms for Crown use.
    3 : Rights of third parties in case of Crown use.
    4: Crown use: compensation for loss of profit.
    5: Reference of disputes relating to Crown use.