| Guvnor

Enforced by: IPO
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 2 of 9 obligations carry up to 2 years imprisonment. 2 carry different penalties and 5 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3 Manufacturer1

Plus 5 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Manufacturer — also bound by 502 other Acts

Pressure Equipment (Safety) Regulations 2016 93 duties

Measuring Instruments Regulations 2016 85 duties

Non-Automatic Weighing Instruments Regulations 2016 78 duties

Commission Delegated Regulation (EU) 2017/654 of 19 December 2016 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery 76 duties

Human Medicines Regulations 2012 75 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.011 Determination of applications for declaration of invalidity. Regulated

Other duties (1) — Crown / regulator

IPO must decide applications to invalidate a registered designStatutory regulator

s.011 Modification of registration. Regulated

Other duties (1) — Crown / regulator

IPO must inform of invalidity intent and process modification applicationsStatutory regulator

s.017 Register of designs etc. Regulated

Other duties (1) — Crown / regulator

Registrar must maintain the designs register and provide public accessCrown / Minister / Government department

s.024 Order as to disposal of infringing articles, &c Regulated

Other duties (1) — Crown / regulator

Court must consider remedies and make just disposal order for infringing articlesTribunal / Court

s.033 Offences under s. 5. Imprisonment

Fail to comply with secrecy direction on design applicationAny Person

s.034 Falsification of register, etc. Imprisonment

Falsify entries in the designs registerAny Person

s.035 Fine for falsely representing a design as registered. Prosecution

Falsely mark products as having registered designManufacturer

Fine up to £1,000

s.035 Offence of unauthorised copying etc. of design in course of business Prosecution

Copy or deal in registered design without permissionAny Person

Unlimited fine

s.035 Section 35ZA: forfeiture in Scotland Regulated

Other duties (1) — Crown / regulator

Scottish court must follow due-process safeguards before ordering forfeitureTribunal / Court

92 other provisions — procedural and definitional

s.001 Registration of designs.

s.001 Substantive grounds for refusal of registration.

s.001 Requirement of novelty and individual character.

s.001 Designs dictated by their technical function.

s.001 Designs contrary to public policy or morality.

s.002 Proprietorship of designs.

s.003 Applications for registration.

s.003 Determination of applications for registration.

s.003 Modification of applications for registration.

s.003 Date of registration of designs.

s.003 Appeals in relation to applications for registration.

s.004 Registrable designs and proceedings for registration

s.005 Provisions for secrecy of certain designs.

s.006 Registrable designs and proceedings for registration

s.007 Right given by registration.

s.007 Infringements of rights in registered designs.

s.007 Right of prior use

s.008 Duration of right in registered design.

s.008 Restoration of lapsed right in design.

s.008 Effect of order for restoration of right.

s.009 Exemption of innocent infringer from liability for damages.

s.010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.011 Cancellation of registration.

s.011 Powers exercisable for protection of the public interest.

s.011 Powers exercisable following merger and market investigations

s.011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.011 Grounds for invalidity of registration.

s.011 Applications for declaration of invalidity.

s.011 Effect of cancellation or invalidation of registration.

s.011 Appeals in relation to cancellation or invalidation.

s.012 Use for services of the Crown.

s.012 Application of the Act to certain registered Community designs

s.012 Application of the Act to certain international designs

s.013 Orders in Council as to convention countries.

s.014 Registration of design where application for protection in convention country has been made.

s.015 Extension of time for applications under s. 14 in certain cases.

s.015 The nature of registered designs

s.015 Assignment, &c of registered designs and applications for registered designs

s.015 Exclusive licences

s.015 Accession to the Hague Agreement

s.016 International Arrangements

s.018 Certificate of registration.

s.019 Registration of assignments, etc.

s.020 Rectification of register.

s.021 Power to correct clerical errors.

s.022 Inspection of registered designs.

s.023 Information as to existence of right in registered design.

s.024 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.024 Action for infringement

s.024 Exemption of innocent infringer from liability

s.024 Order for delivery up

s.024 Jurisdiction of county court and sheriff court

s.024 Rights and remedies of exclusive licensee

s.024 Meaning of “infringing article”

s.025 Certificate of contested validity of registration.

s.025 Privilege for communications with those on the special list of professional designs representatives

s.026 Threats of infringement proceedings

s.026 Actionable threats

s.026 Permitted communications

s.026 Remedies and defences

s.026 Professional advisers

s.026 Supplementary: pending registration

s.026 Supplementary: proceedings for delivery up etc.

s.027 The court.

s.027 Appeals from decisions of registrar

s.027 Persons appointed to hear and determine appeals

s.028 The Appeal Tribunal.

s.028 Opinions on designs

s.029 Exercise of discretionary powers of registrar.

s.030 Costs and security for costs.

s.031 Evidence before registrar.

s.031 Power to require use of forms

s.032 Powers and Duties of Registrar

s.035 Offence by body corporate or partnership: liability of officers or partners

s.035 Section 35ZA: enforcement

s.035 Section 35ZA: forfeiture in England and Wales or Northern Ireland

s.036 General power of Board of Trade to make rules, etc.

s.037 Provisions as to rules and Orders.

s.037 Use of electronic communications

s.038 s.38

s.039 Hours of business and excluded days.

s.040 Fees.

s.041 Service of notices, etc., by post.

s.042 Annual report of registrar.

s.043 Savings.

s.044 Interpretation.

s.045 Application to Scotland

s.046 Application to Northern Ireland.

s.047 Application to Isle of Man.

s.047 Territorial waters and the Continental shelf.

s.048 Repeals, savings, and transitional provisions.

s.049 Short title and commencement.

Schedules

0 of 46 shown

46 other schedules

s.sch001a Designs registered as Community designs to be treated as registered under the Act

s.sch001a Effect of injunction protecting an existing registered Community design

s.sch001a Applications for registration pending immediately before IP completion day

s.sch001a (1) Where a person who has filed an existing EU...

s.sch001a Designs registered at the EUIPO immediately before IP completion day where publication is deferred

s.sch001a (1) This paragraph applies where the proprietor of a deferred...

s.sch001a Application of Part

s.sch001a Renewal of registration of an expired Community design

s.sch001a Restoration of registered Community design to the RCD register

s.sch001a Restoration of application for registered Community design

s.sch001a Interpretation

s.sch001a Entries to be made in the register in relation to designs treated as registered under this Act

s.sch001a References in this Schedule to an “Article” are to an...

s.sch001a Opt out

s.sch001a Effect of claim of priority

s.sch001a Unregistered pre-exit transfers

s.sch001a Pre-exit licences to continue to have effect in the United Kingdom

s.sch001a Security interests in existing registered Community designs

s.sch001a Continuity of rights in relation to an existing registered Community design

s.sch001a Pending proceedings concerning an existing registered Community design

s.sch001a Existing registered Community design: effect of invalidity

s.sch001b International designs in respect of which the European Union is designated to be treated as registered under the Act

s.sch001b Effect of injunction protecting a protected international registered design (EU)

s.sch001b (1) In this Part references to a “pending international design...

s.sch001b (1) Where the holder of the international registration to which...

s.sch001b Application of Part

s.sch001b Renewal of registration of an expired international design

s.sch001b Interpretation

s.sch001b Entries to be made in the register in relation to designs treated as registered under this Act

s.sch001b Opt out

s.sch001b Effect of claim of priority

s.sch001b Unregistered pre-exit transfers

s.sch001b Pre-exit licences to continue to have effect in the United Kingdom

s.sch001b Security interests in protected ... international registered designs (EU)

s.sch001b Continuity of rights in relation to a protected international registered design (EU)

s.sch001b Pending proceedings concerning a protected international registered design (EU)

s.schedule a1 para.1 Grounds for refusal in relation to certain emblems etc.

s.schedule a1 para.2 Grounds for refusal in relation to emblems etc. of Paris Convention countries

s.schedule a1 para.3 Grounds for refusal in relation to emblems etc. of certain international organisations

s.schedule a1 para.4 (1) For the purposes of paragraph 2 above state emblems...

s.schedule a1 para.5 In this Schedule— “a Paris Convention country” means a country,...

s.schedule first para.1 Use of registered designs for services of the Crown.

s.schedule first para.2 Rights of third parties in respect of Crown use.

s.schedule first para.2a Compensation for loss of profit.

s.schedule first para.3 Reference of disputes as to Crown use.

s.schedule first para.4 Special provisions as to Crown use during emergency.

Help complying

Guvnor’s practical routes through this instrument.

Growing your creative business

Scale your creative business - protect IP, expand internationally, license your work, build a team, and explore franchise opportunities

Grow your retail business

Scale your retail business - expand online, open new locations, build your team, and manage increased compliance as you grow

Grow your tech business

Scale your tech business - funding, international expansion, investment, and preparing for exit

Start a fintech business

Launch a financial technology business requiring FCA authorisation

Run a tech business

Ongoing compliance, operations, and growth guidance for established UK tech and software businesses

5 more guides that reference this instrument

Identify your intellectual property Protect your intellectual property Protecting Your Software Intellectual Property Set up as a creative freelancer or studio Tech Sector Licensing and Authorisations

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Registered Designs (Fees) Rules 2016 SI 2016

Registered Designs Rules 2006 SI 2006

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Registered Designs Act 1949

Does it bind you?

Other Acts binding the same actors

What it requires

Schedules

Help complying

Growing your creative business

Grow your retail business

Grow your tech business

Start a fintech business

Run a tech business

Connected legislation