UK Statutory Instrument
2019
United Kingdom
Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019
At a glance
Enforced by
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 184 other Schedules — structural / supplementary
Amendments to Article 11 (commencement and term of protection of the unregistered Community design)
Omission of Articles 12 and 13 (registered Community design: commencement, term of protection and renewal)
Amendment to the heading of section 3 of Title 2 (right to the Community design)
Amendments to Article 14 (right to the Community design)
Amendments to Article 15 (claims relating to the entitlement to a Community design)
Omission of Articles 16 to 18 (effects of a judgment on entitlement, presumption, right to be cited)
Amendment to the heading of section 4 of Title 2 (effects of the Community design)
Amendments to Article 19 (rights conferred by the Community design)
Amendments to Article 20 (limitation of the rights conferred by a Community design)
Amendments to Article 21 (exhaustion of rights)
Substitution of Article 1 – supplementary unregistered designs
Omission of Articles 22 and 23 (prior use and government use)
Amendments to Article 24 (declaration of invalidity)
Amendments to Article 25 (grounds for invalidity)
Amendments to Article 26 (consequences of invalidity)
Amendment to the heading of Title 3: supplementary unregistered designs as objects of property
Amendments to Article 27: supplementary unregistered design rights as national design rights
Omission to Articles 28 to 31 (transfer, rights in rem, levy and insolvency)
Article 32 (licensing)
Omission of Articles 33 to 78 (general provisions)
Amendment to the heading of Title 9 (jurisdiction and procedure in legal actions relating to Community designs)
Omission of Article 2 (European Union Intellectual Property Office)
Omission of Article 79 (application of the Convention on jurisdiction and enforcement)
Amendment to the heading of section 2 (disputes concerning infringement and validity of designs) of Title 9
Omission of Article 80 (Community design courts)
Substitution of Article 81 (The “design court” – jurisdiction over infringement and validity)
Omission of Articles 82 and 83: jurisdiction
Amendments to Article 84 (action or counterclaim for a declaration of invalidity of a supplementary unregistered design)
Amendments to Article 85 (presumption of validity – defence as to the merits)
Amendments to Article 86 (judgments of invalidity)
Omission of Articles 87 and 88 (effect of judgment on invalidity and applicable law)
Amendments to Article 89 (sanctions in actions for infringement)
Amendments to Article 3 (definitions)
Amendments to Article 90 (provisional measures, including protective measures)
Omission of Articles 91 and 92 (specific rules on related actions and appeals)
Amendment to the heading of section 3 (other disputes concerning Community designs) of Title 9
Omission of Articles 93 (supplementary provisions on the jurisdiction of national courts)
Amendments to Article 94 (obligation of the national court)
Omission of Title 10 (effects on the laws of the Member States)
Omission of Title 11 (supplementary provisions regarding the Office)
Omission of Title 11A (international registration)
Omission of Articles 107 to 109 (implementing regulation, procedure of Boards of Appeal and Committee)
Omission of Article 110 (transitional provision)
Amendments to Article 4 (requirements for protection)
Omission of Article 110a (provisions relating to the enlargement of the Community)
Omission of Article 111 (entry into force)
Omission of text after Title 12
The 2005 Regulations are amended as follows.
Regulation 1: interpretation
Regulation 1A: infringement proceedings
Regulation 1B: order for delivery up
Regulation 1C: order for disposal
Regulation 1D: meaning of “infringing article”
Regulation 2: unjustified threats: threats of infringement proceedings
Amendments to Article 5 (novelty)
Regulation 2B: unjustified threats: permitted communications
Regulation 2C, 2E and 2F: unjustified threats: general
Regulation 3: false representation
Regulation 4: privileged communications
Regulation 5 and the Schedule: services of the Crown
Amendments to Article 6 (individual character)
Substitution of Article 7 (disclosure)
Amendments to Articles 8 to 10 (technical function, interconnections, public policy and morality)
(1) The Design Regulation applies to a continuing unregistered community...
Articles 8 to 10: technical function, interconnections, public policy, morality and protection
Article 11: commencement and term of protection
Articles 12 and 13: registered Community design: commencement, term of protection and renewal
Article 14: right to the Community design
Article 15: claims relating to the entitlement to a Community design
Articles 16 to 18: effects of a judgment on entitlement, presumptions, right to be cited
Article 19: rights conferred by the Community design
Article 20: limitation of the rights conferred by a Community design
Article 21: exhaustion of rights
Articles 22 and 23: prior use and government use
Article 1: continuing unregistered Community design
Article 24: declaration of invalidity
Article 25: grounds for invalidity
Article 26: consequences of invalidity
Article 27: Community design rights as national design rights
Articles 28 to 31: transfer, rights in rem, levy and insolvency
Article 32: licensing
Articles 33 to 78: general provisions
Article 79: Application of the Convention on jurisdiction and enforcement
Article 80: Community design courts
Article 81: The “design court” – jurisdiction over infringement and validity
In Article 1— (a) in the heading, before “Community”, insert...
Articles 82 and 83
Article 84: action or counterclaim for a declaration of invalidity of a Community design
Article 85: presumption of validity – defence as to the merits
Article 86: judgments of invalidity
Articles 87 and 88: sanctions in actions for infringement
Article 89: sanctions in actions for infringement
Article 90: provisional measures, including protective measures
Articles 91 and 92: specific rules on related actions and further appeals
Article 93: supplementary provisions on the jurisdiction of national courts
Article 94: obligation of the national court
Article 2: Office
Title 10
Title 11: supplementary provisions concerning the Office
Title 11A: international registration
Articles 107 to 109: implementing regulation, procedure of Boards of Appeal and Committee
Article 110: transitional provision
Article 110a: provisions relating to the enlargement of the Community
Article 111: entry into force
Text after Title 12
The 2005 Regulations apply to continuing unregistered community designs subject...
Regulation 1: interpretation
Article 3: definitions
Regulation 1A: infringement proceedings
Regulation 1B: order for delivery up
Regulation 1C: order for disposal
Regulation 1D: meaning of “infringing article”
Regulation 2: unjustified threats: threats of infringement proceedings
Regulation 2B: unjustified threats: permitted communications
Regulation 2C, 2E and 2F: unjustified threats: general
Regulation 3: false representation
Regulation 4: privileged communications
Regulation 5 and the Schedule: services of the Crown
Article 4: requirements for protection
Article 5: novelty
Article 6: individual character
Article 7: disclosure
The 1949 Act is amended as follows.
Before section 13, insert— Application of the Act to certain...
After Schedule 1, insert— SCHEDULE 1A EUROPEAN COMMUNITY REGISTERED DESIGNS Section...
The 1994 Act is amended as follows.
After section 54 (and before the italic heading before section...
Before Schedule 3, insert— SCHEDULE 2B INTERNATIONAL TRADE MARKS PROTECTED IN...
(1) The extension of the duration of the right in...
The renewal of the registration of a comparable trade mark...
The renewal of a comparable trade mark (IR) under paragraph...
If a renewal fee is paid in respect of only...
A request for information or inspection of documents relating to...
The Trade Marks (Fees) Rules 2008 apply to comparable trade...
The Commissioners for Her Majesty's Revenue and Customs may by...
Regulations under paragraph 15 may make different provision as respects...
A statutory instrument containing regulations under paragraph 15 is subject...
The Trade Marks (Customs) Regulations 1994, to the extent that...
The restoration of the right in a re-registered design or...
A request for a certified copy of an entry in...
The registrar may by rules provide that any person who...
A request made to correct any error in the representation...
A request for information under section 23 of the Act...
The registrar may by regulations make provision about fees in...
The Registered Designs (Fees) Rules 2016 apply to re-registered designs...
The renewal of the registration of a comparable trade mark...
The Registered Designs Rules are amended as follows.
After rule 2A (directions of the registrar), insert— Re-registered designs...
In rule 13(2)— (a) at the end of (2) insert—...
After rule 15 insert— Invalidation of existing registered Community design:...
Omit rule 23.
In rule 26 (certificate of registration), after paragraph (3) insert...
In rule 27 (registration of interests), in paragraph (1)—
In rule 33 (copies of representations and specimens), after paragraph...
(1) Rule 42 (address for service) is amended as follows....
(1) Rule 43 (failure to furnish an address for service)...
The Trade Marks Rules are amended as follows.
In rule 2, after paragraph (2) insert—
Before rule 3 insert— Comparable trade mark (IR) These Rules apply to a comparable trade mark (IR) as...
After rule 4 insert— Prescribed comparable trade mark (IR) fees...
Before rule 6 insert— Application for registration based upon an...
In rule 14, after paragraph (3) insert—
Before rule 30 insert— Filing of regulations for International collective...
(1) Rule 47 is amended as follows.
The 1949 Act is further amended as follows.
In section 44 (interpretation), in subsection (1), omit the definitions...
The Copyright, Designs and Patents Act 1988 is amended as...
The Design Right (Proceedings before the Comptroller) Rules 1989 are...
In rule 22 (costs), in paragraph (2), omit “or another...
In rule 23 (service and translation of documents), in paragraph...
In Schedule 1 (forms) for “another”, each time it appears...
The 1994 Act is further amended as follows.
(1) Section 6 is amended as follows.
In section 53 omit “ “international trade mark (EC)” means...
(1) Section 104 is amended as follows.
In section 1B (requirement of novelty and individual character), in...
In section 11ZA (grounds for invalidity of registration), in subsection...
In section 11ZB (applications for declaration of invalidity), in subsection...
In section 20 (rectification of register), in subsection (1B)—
In section 24D (order as to disposal of infringing articles...
In section 24G (meaning of “infringing article”), omit subsection (5)....
After section 25 (certificate of contested validity of registration), insert—...
In section 35ZA (offence of unauthorised copying etc of design...
Browse 12 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation
Amendments to the Design Regulation and the 2005 Regulations relating to the creation and application of the supplementary unregistered design etc.
Unregistered Community designs existing immediately before IP completion day
Certain registered Community designs and international designs to have effect under the 1949 Act
International trade marks
Fees payable in respect of re-registered designs, international re-registered designs, and comparable trade marks (IR)
Amendments to the Registered Designs Rules
Amendments to the Trade Marks Rules
Other amendments to legislation
Qualification to Transitional Provision
Revocation
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Intellectual Property Office
Registration and protection of intellectual property rights. Administers patents, trade marks, designs, and provides copyright guidance. Gateway for IP protection in the …
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