Copyright, Designs and Patents Act 1988 (c. 48)

(The document as of February, 2008)

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(b) whether any extension of the period of the right in the registered design has been granted,

and shall state the date of registration and the name and address of the registered proprietor. " .

Section 25: certificate of contested validity of registration

14 In section 25 of the Registered Designs Act 1949 (certificate of contested validity of registration), in subsection (2) for "the copyright in the registered design"substitute "the right in the registered design".

Section 26: remedy for groundless threats of infringement proceedings

15 (1) Section 26 of the Registered Designs Act 1949 (remedy for groundless threats of infringement proceedings) is amended as follows.

(2) In subsections (1) and (2) for "the copyright in a registered design" substitute "the right in a registered design".

(3) After subsection (2) insert--

" (2A) Proceedings may not be brought under this section in respect of a threat to bring proceedings for an infringement alleged to consist of the making or importing of anything. " .

Section 27: the court

16 For section 27 of the Registered Designs Act 1949 (the court) substitute--

" 27 The court

(1) In this Act "the court" means--

(a) in England and Wales the High Court or any patents county court having jurisdiction by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988,

(b) in Scotland, the Court of Session, and

(2) Provision may be made by rules of court with respect to proceedings in the High Court in England and Wales for references and applications under this Act to be dealt with by such judge of that court as the Lord Chancellor may select for the purpose. " .

Section 28: the Appeal Tribunal

17 (1) Section 28 of the Registered Designs Act 1949 (the Appeal Tribunal) is amended as follows.

(2) For subsection (2) (members of Tribunal) substitute--

" (2) The Appeal Tribunal shall consist of--

(a) one or more judges of the High Court nominated by the Lord Chancellor, and

(b) one judge of the Court of Session nominated by the Lord President of that Court. " .

(3) In subsection (5) (costs), after "costs" (twice) insert "or expenses", and for the words from "and any such order" to the end substitute--

" and any such order may be enforced--
(a)
in England and Wales or Northern Ireland, in the same way as an order of the High Court;
(b)
in Scotland, in the same way as a decree for expenses granted by the Court of Session. " .

(4) For subsection (10) (seniority of judges) substitute--

" (10) In this section "the High Court" means the High Court in England and Wales; and for the purposes of this section the seniority of judges shall be reckoned by reference to the dates on which they were appointed judges of that court or the Court of Session. " .

(5) The amendments to section 28 made by section 10(5) of the [1970 c. 31.] Administration of Justice Act 1970 (power to make rules as to right of audience) shall be deemed always to have extended to Northern Ireland.

Section 29: exercise of discretionary powers of registrar

18 In section 29 of the [1949 c. 88.] Registered Designs Act 1949 (exercise of discretionary powers of registrar) for "the registrar shall give" substitute "rules made by the Secretary of State under this Act shall require the registrar to give".

Section 30: costs and security for costs

19 For section 30 of the Registered Designs Act 1949 (costs and security for costs) substitute--

" 30 Costs and security for costs

(1) Rules made by the Secretary of State under this Act may make provision empowering the registrar, in any proceedings before him under this Act--

(a) to award any party such costs as he may consider reasonable, and

(b) to direct how and by what parties they are to be paid.

(2) Any such order of the registrar may be enforced--

(a) in England and Wales or Northern Ireland, in the same way as an order of the High Court;

(b) in Scotland, in the same way as a decree for expenses granted by the Court of Session.

(3) Rules made by the Secretary of State under this Act may make provision empowering the registrar to require a person, in such cases as may be prescribed, to give security for the costs of--

(a) an application for cancellation of the registration of a design,

(b) an application for the grant of a licence in respect of a registered design, or

and enabling the application or appeal to be treated as abandoned in default of such security being given. " .

Section 31: evidence before registrar

20 For section 31 of the [1949 c. 88.] Registered Designs Act 1949 (evidence before registrar) substitute--

" 31 Evidence before registrar

Rules made by the Secretary of State under this Act may make provision--

(a) as to the giving of evidence in proceedings before the registrar under this Act by affidavit or statutory declaration;

(b) conferring on the registrar the powers of an official referee of the Supreme Court as regards the examination of witnesses on oath and the discovery and production of documents; and

(c) applying in relation to the attendance of witnesses in proceedings before the registrar the rules applicable to the attendance of witnesses in proceedings before such a referee. " .

Section 32: power of registrar to refuse to deal with certain agents

21 Section 32 of the Registered Designs Act 1949 (power of registrar to refuse to deal with certain agents) is repealed.

Section 33: offences under s.5 (secrecy of certain designs)

22 (1) Section 33 of the Registered Designs Act 1949 (offences under s.5 (secrecy of certain designs)) is amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) substitute--

" (a) on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both. " .

(3) Omit subsection (2).

(4) The above amendments do not apply in relation to offences committed before the commencement of Part IV.

Section 34: falsification of register, &c.

23 (1) In section 34 of the Registered Designs Act 1949 (falsification of register, &c.) for "shall be guilty of a misdemeanour" substitute--

" shall be guilty of an offence and liable--
(a)
on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both;
(b)
on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both. " .

(2) The above amendment does not apply in relation to offences committed before the commencement of Part IV.

Section 35: fine for falsely representing a design as registered

24 (1) Section 35 of the [1949 c. 88.] Registered Designs Act 1949 (fine for falsely representing a design as registered) is amended as follows.

(2) In subsection (1) for the words from "a fine not exceeding £50" substitute "a fine not exceeding level 3 on the standard scale".

(3) In subsection (2)--

(a) for "the copyright in a registered design" substitute "the right in a registered design";

(b) for "subsisting copyright in the design" substitute "subsisting right in the design under this Act"; and

(4) The amendment in sub-paragraph (2) does not apply in relation to offences committed before the commencement of Part IV.

Section 35A: offence by body corporate -liability of officers

25 (1) In the Registered Designs Act 1949 after section 35 insert--

" 35A Offence by body corporate: liability of officers

(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In relation to a body corporate whose affairs are managed by its members "director" means a member of the body corporate. " .

(2) The above amendment does not apply in relation to offences committed before the commencement of Part IV.

Section 36: general power to make rules, &c.

26 (1) Section 36 of the Registered Designs Act 1949 (general power to make rules, &c.) is amended as follows.

(2) In subsection (1) for "the Board of Trade" and "the Board" substitute "the Secretary of State", and for "as they think expedient" substitute "as he thinks expedient".

(3) For the words in subsection (1) from "and in particular" to the end substitute the following subsections--

" (1A) Rules may, in particular, make provision--

(a) prescribing the form of applications for registration of designs and of any representations or specimens of designs or other documents which may be filed at the Patent Office, and requiring copies to be furnished of any such representations, specimens or documents;

(b) regulating the procedure to be followed in connection with any application or request to the registrar or in connection with any proceeding before him, and authorising the rectification of irregularities of procedure;

(d) regulating the keeping of the register of designs;

(e) authorising the publication and sale of copies of representations of designs and other documents in the Patent Office;

(f) prescribing anything authorised or required by this Act to be prescribed by rules.

(1B) The remuneration of an adviser appointed to assist the registrar shall be determined by the Secretary of State with the consent of the Treasury and shall be defrayed out of money provided by Parliament. " .

Section 37: provisions as to rules and Orders

27 (1) Section 37 of the [1949 c. 88.] Registered Designs Act 1949 (provisions as to rules and orders) is amended as follows.

(2) Omit subsection (1) (duty to advertise making of rules).

(3) In subsections (2), (3) and (4) for "the Board of Trade" substitute "the Secretary of State".

Section 38: proceedings of the Board of Trade

28 Section 38 of the Registered Designs Act 1949 (proceedings of the Board of Trade) is repealed.

Section 39: hours of business and excluded days

29 In section 39 of the Registered Designs Act 1949 (hours of business and excluded days), in subsection (1) for "the Board of Trade" substitute "the Secretary of State".

Section 40: fees

30 In section 40 of the Registered Designs Act 1949 (fees) for "the Board of Trade" substitute "the Secretary of State".

Section 44: interpretation

31 (1) In section 44 of the Registered Designs Act 1949 (interpretation), subsection (1) is amended as follows.

(2) In the definition of "artistic work" for "the Copyright Act 1956" substitute "Part I of the Copyright, Designs and Patents Act 1988".

(3) At the appropriate place insert--

" "author" in relation to a design, has the meaning given by section 2(3) and (4); " .

(4) Omit the definition of "copyright".

(5) In the definition of "corresponding design", for the words from "has the same meaning" to the end substitute ", in relation to an artistic work, means a design which if applied to an article would produce something which would be treated for the purposes of Part I of the Copyright, Designs and Patents Act 1988 as a copy of that work;".

(6) For the definition of "court" substitute--

" "the court" shall be construed in accordance with section 27 of this Act; " .

(7) In the definition of "design" for "subsection (3) of section one of this Act" substitute "section 1(1) of this Act".

(8) At the appropriate place insert--

" "employee", "employment" and "employer" refer to employment under a contract of service or of apprenticeship, " .

(9) Omit the definition of "Journal".

(10) In the definition of "prescribed" for "the Board of Trade" substitute "the Secretary of State".

Section 45: application to Scotland

32 In section 45 of the [1949 c. 88.] Registered Designs Act 1949 (application to Scotland), omit paragraphs (1) and (2).

Section 46: application to Northern Ireland

33 (1) Section 46 of the Registered Designs Act 1949 (application to Northern Ireland) is amended as follows.

(2) Omit paragraphs (1) and (2).

(3) For paragraph (3) substitute--

" (3) References to enactments include enactments comprised in Northern Ireland legislation: " .

(4) After paragraph (3) insert--

" (3A) References to the Crown include the Crown in right of Her Majesty's Government in Northern Ireland: " .

(5) In paragraph (4) for "a department of the Government of Northern Ireland" substitute "a Northern Ireland department", and at the end add "and in relation to a Northern Ireland department references to the Treasury shall be construed as references to the Department of Finance and Personnel".

Section 47: application to Isle of Man

34 For section 47 of the Registered Designs Act 1949 (application to Isle of Man) substitute--

" 47 Application to Isle of Man

This Act extends to the Isle of Man, subject to any modifications contained in an Order made by Her Majesty in Council, and accordingly, subject to any such Order, references in this Act to the United Kingdom shall be construed as including the Isle of Man. " .

Section 47A: territorial waters and the continental shelf

35 In the Registered Designs Act 1949, after section 47 insert--

" 47A Territorial waters and the continental shelf

(1) For the purposes of this Act the territorial waters of the United Kingdom shall be treated as part of the United Kingdom.

(2) This Act applies to things done in the United Kingdom sector of the continental shelf on a structure or vessel which is present there for purposes directly connected with the exploration of the sea bed or subsoil or the exploitation of their natural resources as it applies to things done in the United Kingdom.

(3) The United Kingdom sector of the continental shelf means the areas designated by order under section 1(7) of the Continental Shelf Act 1964. " .

Section 48: repeals, savings and transitional provisions

36 In section 48 of the Registered Designs Act 1949 (repeals, savings and transitional provisions), omit subsection (1) (repeals).

Schedule 1: provisions as to Crown use of registered designs

37 (1) The First Schedule to the [1949 c. 88.] Registered Designs Act 1949 (provisions as to Crown use of registered designs) is amended as follows.

(2) In paragraph 2(1) after "copyright" insert "or design right".

(3) In paragraph 3(1) omit "in such manner as may be prescribed by rules of court".

(4) In paragraph 4(2) (definition of "period of emergency") for the words from "the period ending" to "any other period" substitute "a period".

(5) For paragraph 4(3) substitute--

" (3) No Order in Council under this paragraph shall be submitted to Her Majesty unless a draft of it has been laid before and approved by a resolution of each House of Parliament. " .

Schedule 2: enactments repealed

38 Schedule 2 to the Registered Designs Act 1949 (enactments repealed) is repealed.

Section 273.

SCHEDULE 4 The Registered Designs Act 1949 as amended Arrangement of Sections

Registrable designs and proceedings for registration

1 Designs registrable under Act.

2 Proprietorship of designs.

3 Proceedings for registration.

4 Registration of same design in respect of other articles.

5 Provision for secrecy of certain designs.

6 Provisions as to confidential disclosure, &c.

Effect of registration, &c.

7 Right given by registration.

8 Duration of right in registered design.

8A Restoration of lapsed right in design.

8B Effect of order for restoration of right.

9 Exemption of innocent infringer from liability for damages.

10 Compulsory licence in respect of registered design.

11 Cancellation of registration.

11A Powers exercisable for protection of the public interest.

11B Undertaking to take licence of right in infringement proceedings.

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.

16 Protection of designs communicated under international agreements.

Register of designs, &c.

17 Register of designs.

18 Certificate of registration.

19 Registration of assignments, &c.

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.

24 ... ... ... ... ... ... ...

Legal proceedings and appeals

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.

32 ... ... ... ... ... ... ...

33 Offences under s.5.

34 Falsification of register, &c.

35 Fine for falsely representing a design as registered.

35A Offence by body corporate: liability of officers.

Rules, &c.

36 General power of Secretary of State to make rules, &c.

37 Provisions as to rules and Orders.

38 ... ... ... ... ... ... ...

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.

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