Made | 8th December 2001 | ||
Coming into force | 9th December 2001 |
Substantive grounds for refusal of registration.
1A.
- (1) The following shall be refused registration under this Act -
(2) A design ("the later design") shall be refused registration under this Act if it is not new or does not have individual character when compared with a design which -
(3) In subsection (2) above "the relevant date" means the date on which the application for the registration of the later design was made or is treated by virtue of section 3B(2), (3) or (5) or 14(2) of this Act as having been made.
Requirement of novelty and individual character.
1B.
- (1) A design shall be protected by a right in a registered design to the extent that the design is new and has individual character.
(2) For the purposes of subsection (1) above, a design is new if no identical design or no design whose features differ only in immaterial details has been made available to the public before the relevant date.
(3) For the purposes of subsection (1) above, a design has individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the relevant date.
(4) In determining the extent to which a design has individual character, the degree of freedom of the author in creating the design shall be taken into consideration.
(5) For the purposes of this section, a design has been made available to the public before the relevant date if -
(6) A disclosure falls within this subsection if -
(7) In subsections (2), (3), (5) and (6) above "the relevant date" means the date on which the application for the registration of the design was made or is treated by virtue of section 3B(2), (3) or (5) or 14(2) of this Act as having been made.
(8) For the purposes of this section, a design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character -
(9) In subsection (8) above "normal use" means use by the end user; but does not include any maintenance, servicing or repair work in relation to the product.
Designs dictated by their technical function.
1C.
- (1) A right in a registered design shall not subsist in features of appearance of a product which are solely dictated by the product's technical function.
(2) A right in a registered design shall not subsist in features of appearance of a product which must necessarily be reproduced in their exact form and dimensions so as to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to, or placed in, around or against, another product so that either product may perform its function.
(3) Subsection (2) above does not prevent a right in a registered design subsisting in a design serving the purpose of allowing multiple assembly or connection of mutually interchangeable products within a modular system.
Designs contrary to public policy or morality.
1D.
A right in a registered design shall not subsist in a design which is contrary to public policy or to accepted principles of morality."
Designs registrable under the 1949 Act: emblems etc.
3.
Before Schedule 1 to the Registered Designs Act 1949 there shall be inserted -
unless it appears to the registrar that consent for such use has been given by or on behalf of Her Majesty or (as the case may be) the relevant member of the Royal family.
(2) A design shall be refused registration under this Act if it involves the use of -
and it appears to the registrar that the use would be misleading or grossly offensive.
(3) A design shall be refused registration under this Act if it involves the use of -
unless it appears to the registrar that consent for such use has been given by or on behalf of the person concerned and the use is not in any way contrary to the law of arms.
(4) A design shall be refused registration under this Act if it involves the use of a controlled representation within the meaning of the Olympic Symbol etc. (Protection) Act 1995 unless it appears to the registrar that -
Grounds for refusal in relation to emblems etc. of Paris Convention countries
2.
- (1) A design shall be refused registration under this Act if it involves the use of the flag of a Paris Convention country unless -
(2) A design shall be refused registration under this Act if it involves the use of the armorial bearings or any other state emblem of a Paris Convention country which is protected under the Paris Convention unless the authorisation of the competent authorities of that country has been given for the registration.
(3) A design shall be refused registration under this Act if -
unless the authorisation of the competent authorities of that country has been given for the registration.
(4) The provisions of this paragraph as to national flags and other state emblems, and official signs or hallmarks, apply equally to anything which from a heraldic point of view imitates any such flag or other emblem, or sign or hallmark.
(5) Nothing in this paragraph prevents the registration of a design on the application of a national of a country who is authorised to make use of a state emblem, or official sign or hallmark, of that country, notwithstanding that it is similar to that of another country.
Grounds for refusal in relation to emblems etc. of certain international organisations
3.
- (1) This paragraph applies to -
of international intergovernmental organisations of which one or more Paris Convention countries are members.
(2) A design shall be refused registration under this Act if it involves the use of any such emblem, abbreviation or name which is protected under the Paris Convention unless -
(3) The provisions of this paragraph as to emblems of an international organisation apply equally to anything which from a heraldic point of view imitates any such emblem.
(4) Nothing in this paragraph affects the rights of a person whose bona fide use of the design in question began before 4th January 1962 (when the relevant provisions of the Paris Convention entered into force in relation to the United Kingdom).
Paragraphs 2 and 3: supplementary
4.
- (1) For the purposes of paragraph 2 above state emblems of a Paris Convention country (other than the national flag), and official signs or hallmarks, shall be regarded as protected under the Paris Convention only if, or to the extent that -
(2) For the purposes of paragraph 3 above the emblems, abbreviations and names of an international organisation shall be regarded as protected under the Paris Convention only if, or to the extent that -
(3) Notification under Article 6ter(3) of the Paris Convention shall have effect only in relation to applications for the registration of designs made more than two months after the receipt of the notification.
Registration of designs: general
4.
For section 3 of the Registered Designs Act 1949[4] (proceedings for registration) there shall be substituted -
the registrar may, for the purpose of deciding whether and to what extent the design is new or has individual character, direct that the subsequent application shall be treated as having been made on the date on which the earlier application was, or is treated as having been, made.
(4) Where an application for the registration of a design has been refused on any ground mentioned in section 1A(1)(b) or (c) of this Act, the application may be modified by the applicant if it appears to the registrar that -
(5) An application modified under subsection (4) above shall be treated as the original application and, in particular, as made on the date on which the original application was made or is treated as having been made.
(6) Any modification under this section may, in particular, be effected by making a partial disclaimer in relation to the application.
Date of registration of designs.
3C.
- (1) Subject as follows, a design, when registered, shall be registered as of the date on which the application was made or is treated as having been made.
(2) Subsection (1) above shall not apply to an application which is treated as having been made on a particular date by section 14(2) of this Act or by virtue of the operation of section 3B(3) or (5) of this Act by reference to section 14(2) of this Act.
(3) A design, when registered, shall be registered as of -
Appeals in relation to applications for registration.
3D.
An appeal lies from any decision of the registrar under section 3A or 3B of this Act."
Right given by registration under the 1949 Act
5.
For section 7 of the Registered Designs Act 1949[5] (right given by registration) there shall be substituted -
(3) In determining for the purposes of subsection (1) above whether a design produces a different overall impression on the informed user, the degree of freedom of the author in creating his design shall be taken into consideration.
(4) The right conferred by subsection (1) above is subject to any limitation attaching to the registration in question (including, in particular, any partial disclaimer or any declaration by the registrar or a court of partial invalidity).
Infringements of rights in registered designs.
7A.
- (1) Subject as follows, the right in a registered design is infringed by a person who, without the consent of the registered proprietor, does anything which by virtue of section 7 of this Act is the exclusive right of the registered proprietor.
(2) The right in a registered design is not infringed by -
(3) The conditions mentioned in this subsection are -
(4) The right in a registered design is not infringed by an act which relates to a product in which any design protected by the registration is incorporated or to which it is applied if the product has been put on the market in the European Economic Area by the registered proprietor or with his consent.
(5) The right in a registered design of a component part which may be used for the purpose of the repair of a complex product so as to restore its original appearance is not infringed by the use for that purpose of any design protected by the registration.
(6) No proceedings shall be taken in respect of an infringement of the right in a registered design committed before the date on which the certificate of registration of the design under this Act is granted."
Removal of compulsory licence regimes
6.
- (1) Section 10 of the Registered Designs Act 1949 (compulsory licence in respect of registered design) shall be omitted.
(2) In section 11A of that Act[6] (powers exercisable for protection of the public interest), in subsection (3) (power to ensure licences available as of right) -
Cancellation and invalidation of registration
7.
For section 11 of the Registered Designs Act 1949[7] (cancellation of registration) there shall be substituted -
Rectification of register
8.
- (1) Section 20 of the Registered Designs Act 1949[8] (rectification of register) shall be amended as follows.
(2) In subsection (1) (applications for rectification) for the words "any person aggrieved" there shall be substituted "the relevant person".
(3) After subsection (1) there shall be inserted -
(1B) In subsection (1A) above "the appropriate person" means, in relation to an earlier design protected by virtue of registration under this Act or an application for such registration, the registered proprietor of the design or (as the case may be) the applicant."
(4) After subsection (5) there shall be added -
Other modifications of enactments
9.
- (1) The amendments specified in Schedule 1 (consequential amendments) shall have effect.
(2) The repeals specified in Schedule 2 shall have effect.
Transitional provisions: pending applications
10.
- (1) This Regulation applies to applications for registration under the Registered Designs Act 1949 which have been made but not finally determined before the coming into force of these Regulations ("pending applications").
(2) The Act of 1949 as it has effect immediately before the coming into force of these Regulations shall continue to apply in relation to pending applications so far as it relates to the determination of such applications.
(3) Accordingly the amendments and repeals made by these Regulations shall not apply in relation to the determination of such applications.
Transitional provisions: transitional registrations
11.
- (1) This Regulation applies to any registration under the Registered Designs Act 1949 which results from the determination of a pending application (within the meaning of Regulation 10).
(2) The Act of 1949 as it has effect immediately before the coming into force of these Regulations shall continue to apply in relation to registrations to which this Regulation applies ("transitional registrations") so far as the Act relates to the cancellation or invalidation of such registrations (other than cancellation by virtue of section 11(3) of that Act).
(3) Accordingly the amendments and repeals made by these Regulations shall, so far as they relate to the cancellation or invalidation of registrations, not apply in relation to transitional registrations.
(4) The amendments and repeals made by these Regulations shall otherwise (and subject to paragraphs (5) to (9) and Regulation 14) apply in relation to transitional registrations.
(5) In the application by virtue of paragraph (4) of the amendments made by Regulation 5, the fact that transitional registrations are in respect of any articles, or sets of articles, shall be disregarded.
(6) The amendments made by Regulation 4 shall not operate so as to determine the dates of registration of designs to which transitional registrations apply; and these dates shall be determined by reference to the Act of 1949 as it has effect immediately before the coming into force of these Regulations.
(7) Where -
the difference between the two dates shall be added to the first period of five years for which the right in the registered design is to subsist.
(8) Any reference in section 8 of the Act of 1949 to a period of five years shall, in the case of any such period which is extended by virtue of paragraph (7), be treated as a reference to the extended period.
(9) The repeal by these Regulations of the proviso in section 4(1) of the Act of 1949 and of the reference to it in section 8 of that Act shall not apply to the right in a design to which a transitional registration applies.
Transitional provisions: post-1989 registrations
12.
- (1) This Regulation applies to -
(b) any registration under the Act of 1949 which -
(c) any registration which subsequently ceases to fall within sub-paragraph (b) because the right in the registered design has been treated or restored as mentioned in paragraph (ii) of that sub-paragraph.
(2) The Act of 1949 as it has effect immediately before the coming into force of these Regulations shall continue to apply in relation to registrations to which this Regulation applies ("post-1989 registrations") so far as the Act relates to the cancellation or invalidation of such registrations (other than cancellation by virtue of section 11(3) of that Act and by reference to an expiry of copyright occurring on or after the coming into force of these Regulations).
(3) Accordingly the amendments and repeals made by these Regulations shall, so far as they relate to the cancellation or invalidation of registrations, not apply in relation to post-1989 registrations.
(4) The amendments and repeals made by these Regulations shall otherwise apply (subject to paragraphs (5) to (9) and Regulation 14) in relation to post-1989 registrations.
(5) In the application by virtue of paragraph (4) of the amendments made by Regulation 5, the fact that post-1989 registrations are in respect of any articles, or sets of articles, shall be disregarded.
(6) The amendments made by Regulation 4 shall not operate so as to alter the dates of registration of designs to which post-1989 registrations apply.
(7) Where -
the difference between the two dates shall be added to any period of five years which is current on the coming into force of these Regulations or, if no such period is current but a subsequent extension or restoration is effected under section 8, or sections 8A and 8B, of the Act of 1949, to the period resulting from that extension or restoration.
(8) Any reference in section 8 of the Act of 1949 to a period of five years shall, in the case of any such period which is extended by virtue of paragraph (7), be treated as a reference to the extended period.
(9) The repeal by these Regulations of the proviso in section 4(1) of the Act of 1949 and the reference to it in section 8 of that Act shall not apply to the right in a design to which a post-1989 registration applies.
Transitional provisions: pre-1989 registrations
13.
- (1) This Regulation applies to -
(b) any registration under the Act of 1949 which -
(c) any registration which subsequently ceases to fall within sub-paragraph (b) because the copyright in the registered design has come back into force by virtue of an extension of the period of copyright under section 8(2) of the Act of 1949 as amended by paragraph (8).
(2) Subject as follows, the amendments and repeals made by these Regulations shall not apply to any provision of the Act of 1949 which only has effect in relation to applications for registration made before 1st August 1989 or any registrations resulting from such applications.
(3) Any such provision and any other provision of the Act of 1949 as it has effect immediately before the coming into force of these Regulations in relation to registrations which fall within paragraph (1) ("pre-1989 registrations") shall continue to apply so far as it relates to the cancellation or invalidation of pre-1989 registrations (other than cancellation by virtue of section 11(3) of that Act and by reference to an expiry of copyright occurring on or after the coming into force of these Regulations).
(4) Accordingly the amendments and repeals made by these Regulations shall, so far as they relate to the cancellation or invalidation of registrations, not apply in relation to pre-1989 registrations.
(5) The amendments and repeals made by these Regulations shall otherwise apply (subject to paragraphs (2) and (9) to (12) and Regulation 14) in relation to pre-1989 registrations.
(6) Amendments and repeals corresponding to the amendments and repeals made by these Regulations (other than those relating to the cancellation or invalidation of registrations) shall be treated as having effect, with necessary modifications and subject to Regulation 14, in relation to any provision of the Act of 1949 which only has effect in relation to applications for registration made before 1st August 1989 or any registrations resulting from such applications.
(7) In the application by virtue of paragraph (6) of amendments corresponding to those made by Regulation 5, the fact that pre-1989 registrations are in respect of any articles, or sets of articles, shall be disregarded.
(8) In section 8(2) of the Act of 1949 as it has effect in relation to pre-1989 registrations (period of copyright) -
(9) The amendments made by Regulation 4 shall not operate so as to alter the dates of registration of designs to which pre-1989 registrations apply.
(10) Where -
the difference between the two dates shall be added to any period of five years which is current on the coming into force of these Regulations or, if no such period is current but a subsequent extension is effected under section 8 of the Act of 1949 as amended by paragraph (8), to the period resulting from that extension.
(11) Any reference in section 8(2) of the Act of 1949 as amended by paragraph (8) to a period of five years shall, in the case of any such period which is extended by virtue of paragraph (10), be treated as a reference to the extended period.
(12) The repeal by these Regulations of the proviso in section 4(1) of the Act of 1949 shall not apply to the right in a design to which a pre-1989 registration applies.
Other transitional provisions
14.
- (1) Any licence which -
shall continue in force, with necessary modifications, on or after the making of these Regulations.
(2) In determining the effect of any such licence on or after the coming into force of these Regulations, regard shall be had to the purpose for which the licence was granted; and, in particular, a licence granted for the full term or extent of the right in a registered design or the copyright in a registered design shall be treated as applying, subject to its other terms and conditions, to the full term or extent of that right as extended by virtue of these Regulations.
(3) The right in a registered design conferred by virtue of these Regulations in relation to registrations to which Regulation 11, 12 or 13 applies shall not enable the registered proprietor to prevent any person from continuing to carry out acts begun by him before the coming into force of these Regulations and which, at that time, the registered proprietor or, in the case of registrations to which Regulation 11 applies, a registered proprietor would have been unable to prevent.
(4) The right in a registered design conferred by virtue of these Regulations in relation to registrations to which Regulation 12 or 13 applies shall, in particular, not apply in relation to infringements committed in relation to those registrations before the coming into force of these Regulations.
(5) The repeals by these Regulations in section 5 of the Registered Designs Act 1949 shall not apply in relation to any evidence filed in support of an application made before the coming into force of these Regulations.
(6) The amendments and repeals made by these Regulations in section 22 of the Act of 1949 (other than the amendment to the proviso in subsection (2) of that section) shall not apply in relation to any registration which has resulted from an application made before the coming into force of these Regulations.
(7) The amendment to the proviso in section 22(2) of the Act of 1949 shall not apply where -
(8) The amendments and repeals made by these Regulations in section 35 of the Act of 1949 shall not apply in relation to any offences committed before the coming into force of these Regulations.
(9) The repeal by these Regulations of provisions in section 44 of the Act of 1949 which relate to the meaning of a set of articles shall not apply so far as those provisions are required for the purposes of paragraph 6(2)(a) of Schedule 1 to the Copyright, Designs and Patents Act 1988.
(10) Any amendment or repeal by these Regulations of a provision in section 44 of the Act of 1949 or in any enactment other than the Act of 1949 shall not apply so far as that provision is required for the purposes of any other transitional provision made by these Regulations.
(11) The Act of 1949 as it has effect immediately before the coming into force of these Regulations shall continue to apply in relation to former registrations, whose registration resulted from an application made before the coming into force of these Regulations, so far as the Act relates to the cancellation or invalidation of such registrations.
(12) Paragraph (13) applies in relation to any registration to which Regulation 11, 12 or 13 applies which is in respect of any features of shape, configuration, pattern or ornament which do not fall within the new definition of "design" inserted into section 1 of the Act of 1949 by Regulation 2 of these Regulations.
(13) The Act of 1949 shall, so far as it applies in relation to any such registration, apply as if the features concerned were included within the new definition of "design" in that Act.
Melanie Johnson
Parliamentary Under-Secretary of State for Competition, Consumers and Markets Department of Trade and Industry
8th December 2001
2.
In section 8B(6) of the Registered Designs Act 1949[9] (effect of order for restoration of right) -
3.
In section 9(1) of that Act[10] (exemption of innocent infringer from liability for damages) -
4.
- (1) Section 14 of that Act[11] (registration of design where application for protection in convention country has been made) shall be amended as follows.
(2) In subsection (2) -
(3) In subsection (3) for the words "section 3(4)" there shall be substituted "section 3B(2) or (3)".
5.
In section 15(2) of that Act (extension of time for applications under section 14 in certain cases) -
6.
- (1) Section 19 (registration of assignments etc.)[12] of that Act shall be amended as follows.
(2) In subsection (3A) for the words "design right", in both places where they appear, there shall be substituted "national unregistered design right".
(3) In subsection (3B) for the words "design right", in the first and third places where they appear, there shall be substituted "national unregistered design right".
7.
- (1) Section 22 of that Act[13] (inspection of registered designs) shall be amended as follows.
(2) In subsection (2) for the words from the beginning to "no" there shall be substituted -
no".
(3) Also in subsection (2) -
(4) In subsection (3) for the words from "design" to "class" there shall be substituted "registered design and a specified product which falls within any class".
8.
- (1) Section 25 of that Act[14] (certificate of contested validity of registration) shall be amended as follows.
(2) In subsection (1) after the words "the design is" there shall be inserted ", to any extent,".
(3) In subsection (2) for the word "cancellation" there shall be substituted "invalidation".
9.
In section 30(3)(a) of that Act[15] (costs and security for costs) for the word "cancellation" there shall be substituted "invalidation".
10.
- (1) Section 35 of that Act[16] (fine for falsely representing a design as registered) shall be amended as follows.
(2) In subsection (1) -
(3) In subsection (2) -
11.
In section 36(1A) of that Act[17] (general power of Secretary of State to make rules etc.), after paragraph (a), there shall be inserted -
12.
In section 37(2) of that Act for the words from "section", where it first appears, to "Act", where it first appears, there shall be substituted "section 15 of this Act".
13.
In section 43(2) of that Act (savings) for the word "articles" there shall be substituted "products".
14.
- (1) Section 44 of that Act (interpretation) shall be amended as follows.
(2) In subsection (1), in the definition of "design"[18] for the words "section 1(1)" there shall be substituted "section 1(2)".
(3) In subsection (1), at the appropriate places, there shall be inserted -
(4) In subsection (4) for the words from "section", where it first appears, to "Act" there shall be substituted "section 14 of this Act".
15.
- (1) Schedule 1 to that Act (use of registered designs for the services of the Crown) shall be amended as follows.
(2) In paragraph 1(6)[19] and (7), for the word "articles", in each place where it appears, there shall be substituted "products".
(3) In paragraph 2(1)[20] for the words "design right" there shall be substituted "national unregistered design right".
(4) In paragraph 2A(1) and (4)[21] -
(5) In paragraph 3(2)(a) -
(6) In paragraph 3(2)(b) -
16.
In section 53(1)(b) of the Copyright, Designs and Patents Act 1988[22] (things done in reliance on registration of design) after the word "cancellation" there shall be inserted "or invalidation".
Chapter | Short title | Extent of repeal |
1949 c. 88. | The Registered Designs Act 1949. |
In section 2(2), the words from ", or the" to "any article," and the words from "or as", where they appear for a second time, to the end of the subsection. Section 4. In section 5, in subsection (2), paragraph (b) and the word "and" immediately preceding it and, in subsection (3)(b), the words from ", or any" to "above,". Section 6. Section 8(5) and (6). Section 10. In section 11A(3), paragraph (b) and the word "or" immediately preceding it, and the words from "or may, instead" to the end of the subsection. Section 11A(4) and (5). Section 11B. Section 16. In section 22(1), paragraph (b) and the word "and" immediately preceding it. In section 23(a), the words "and, if so, in respect of what articles". In section 30(3), paragraph (b). In section 35(1), the words "in respect of that article" and the words "in respect of the article". Section 43(1). In section 44, in subsection (1), the definitions of "article", "artistic work", "corresponding design" and "set of articles" and subsections (2) and (3). Section 48(5). |
1988 c. 48. | The Copyright, Designs and Patents Act 1988. |
Section 265. Section 268. In Schedule 3, paragraphs 1, 2, 3(4), 4, 6, 9 and 31(2) and (5). |
1995 c. 21. | The Merchant Shipping Act 1995. | In Schedule 13, paragraph 26. |
1995 c. 32. | The Olympic Symbol etc. (Protection) Act 1995. | Section 13(1). |
Regulations 9 to 14 make consequential amendments to the Act and other Acts, together with transitional provisions for applications and registrations already existing when the regulations come into force, including the following:
A regulatory impact assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies of the assessment are also available from the Intellectual Property Policy Directorate of the Patent Office, Room 3B38, Concept House, Cardiff Road, Newport NP10 8QQ.
[3] 1949 c. 88. Section 1 as originally enacted was substituted by section 265 of the Copyright, Designs and Patents Act 1988 (c. 48) ("the 1988 Act") but not in relation to applications for registration made before 1st August 1989. Subsection (6) was added by section 13(1) of the Olympic Symbol etc. (Protection) Act 1995 (c. 32) in relation to applications for registration made on or after 20th September 1995.back
[4] Section 3(2) to (7) was substituted by section 272 of, and paragraph 1 of Schedule 3 to, the 1988 Act.back
[5] Section 7 as originally enacted was substituted by section 268 of the 1988 Act but not in relation to a design registered in pursuance of an application made before 1st August 1989.back
[6] Section 11A was inserted by section 270 of the 1988 Act.back
[7] Words in subsection (2) of section 11 were repealed by section 303(2) of, and Schedule 8 to, the 1988 Act. Subsections (3) to (5) of section 11 were substituted for subsection (2A) of that section (as inserted by section 44(3) of the Copyright Act 1956 (c. 74)) by section 272 of, and paragraph 6 of Schedule 3 to, the 1988 Act.back
[8] Section 20(5) was added by section 272 of, and paragraph 11 of Schedule 3 to, the 1988 Act.back
[9] Section 8B was inserted by section 269 of the 1988 Act.back
[10] Section 9 was amended by section 272 of, and paragraph 5 of Schedule 3 to, the 1988 Act.back
[11] Section 14(2) and (3) were substituted by section 272 of, and paragraph 7 of Schedule 3 to, the 1988 Act.back
[12] Section 19(3A) and (3B) were inserted by section 272 of, and paragraph 10 of Schedule 3 to, the 1988 Act.back
[13] Section 22(2) and (3) were amended by section 272 of, and paragraph 12 of Schedule 3 to, the 1988 Act.back
[14] Section 25(2) was amended by section 272 of, and paragraph 14 of Schedule 3 to, the 1988 Act.back
[15] Section 30 was substituted by section 272 of, and paragraph 19 of Schedule 3 to, the 1988 Act.back
[16] Section 35 was amended by section 272 of, and paragraph 24 of Schedule 3 to, the 1988 Act but not, in the case of the amendment to section 35(1), in relation to offences committed before 1st August 1989.back
[17] Section 36 was amended by section 272 of, and paragraph 26 of Schedule 3 to, the 1988 Act.back
[18] The definition of "design" was amended by section 272 of, and paragraph 31(7) of Schedule 3 to, the 1988 Act.back
[19] Paragraph 1(6) was substituted by section 1(1) and (4) of the Defence Contracts Act 1958 (c. 38).back
[20] The words "design right" were inserted into paragraph 2(1) by section 272 of, and paragraph 37(2) of Schedule 3 to, the 1988 Act.back
[21] Paragraph 2A was inserted by section 271 of the 1988 Act in relation to any Crown use of a registered design after 1st August 1989 even if the terms for such use were settled before that date.back