Made | 26th July 2006 | ||
Coming into force | 1st October 2006 |
(b) following that consultation, considered it appropriate to proceed with the making of this Order;
(c) laid a document containing his proposals before Parliament as required by section 6 of the Regulatory Reform Act 2001 and the period for Parliamentary consideration under section 8 of that Act has expired;
(d) had regard to the representations made during this period, in particular the Seventeenth Report of Session 2005-6 of the Delegated Powers and Regulatory Reform Committee of the House of Lords[3] and the Fifth Report of Session 2005-6 of the Regulatory Reform Committee of the House of Commons[4];
(e) laid a draft of this Order before Parliament with a statement giving details of those representations and the changes he has made to his proposals in light of them;
(f) reached the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise.
The draft of this Order has been approved by a resolution of each House of Parliament pursuant to section 4(2) of the Regulatory Reform Act 2001.
Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001:
Introductory
1.
—(1) This Order may be cited as the Regulatory Reform (Registered Designs) Order 2006 and it shall come into force on 1st October 2006.
(2) This Order extends to England and Wales, Scotland and Northern Ireland.
2.
The Registered Designs Act 1949[5] shall be amended as follows.
Substantive examination for novelty
3.
Section 1A (substantive grounds for refusal of registration) shall be omitted.
4.
In section 3 (applications for registration), subsection (4) shall be omitted.
5.
In section 3A (determination of applications for registration), for subsection (4) there shall be substituted—
he shall refuse to register that thing or that design.".
6.
In section 3B (modification of applications for registration), in subsection (4), for "section 1A(1)(b) or (c)" there shall be substituted "section 3A(4)(b) or (c)".
7.
—(1) Section 11ZA (grounds for invalidity of registration) shall be amended as follows.
(2) In subsection (1), for "on any of the grounds mentioned in section 1A of this Act." there shall be substituted—
(3) After subsection (1), there shall be inserted—
(1B) In subsection (1A) "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.".
8.
—(1) Section 11ZB (applications for declaration of invalidity) shall be amended as follows.
(2) In subsection (1), for "on the ground mentioned in section 1A(1)(a) or (b)" there shall be substituted "under section 11ZA(1)(a) or (b)".
(3) In subsection (2), for "on the ground mentioned in section 1A(1)(c)" there shall be substituted "under section 11ZA(1)(c)".
(4) In subsection (3), for "on the ground mentioned in section 1A(2)" there shall be substituted "under section 11ZA(1A)".
(5) In subsection (5), for "on the ground mentioned in" there shall be substituted "under".
9.
In section 11ZD (modification of registration), for the words in subsection (1) from "on any ground" to "or (4)" there shall be substituted "under section 11ZA(1)(b) or (c), (1A), (3) or (4)".
10.
—(1) Section 20 (rectification of register) shall be amended as follows.
(2) In subsection (1A)(a), for "section 1A(1)(c)" there shall be substituted "section 11ZA(1)(c)".
(3) In subsection (1A)(b), for "section 1A(2)" there shall be substituted "section 11ZA(1A)".
Multiple applications
11.
—(1) Section 3 (applications for registration) shall be amended as follows.
(2) In subsection (1), after "a design" there shall be inserted "or designs".
(3) In subsection (2), after "design", in both places it occurs, there shall be inserted " or designs".
(4) In subsection (3), after "a design" there shall be inserted "or designs".
12.
—(1) Section 3A (determination of applications for registration) shall be amended as follows.
(2) In subsection (1), for "an application for the registration of a design" there shall be substituted "to register a design included in an application under this Act".
(3) In subsection (2)—
(4) In subsection (3), for the words from "an application" to the end of the subsection there shall be substituted "the applicant is not under section 3(2) or (3) or 14 entitled to apply for the registration of a design included in the application, he shall refuse to register that design.".
13.
—(1) Section 3B (modification of applications for registration) shall be amended as follows.
(2) In subsection (1), after "a design" there shall be inserted "or designs".
(3) In subsection (2)—
(4) In subsection (3), for "a design has disclosed more than one design and" there shall be substituted "more than one design".
(5) In subsection (4)—
14.
—(1) Section 14 (registration of design where application for protection in convention country has been made) is amended as follows.
(2) In subsection (1), after "a design" there shall be inserted "or designs".
(3) In subsection (2), after "a design" there shall be inserted "or designs".
15.
In section 22 (inspection of registered designs), for subsection (4) there shall be substituted—
shall not at any time be open to inspection at the Patent Office or be published by the registrar.".
Inspection
16.
—(1) Section 22 (inspection of registered designs) shall be amended as follows.
(2) In subsection (1)—
(3) Subsections (2) and (3) shall be omitted.
Lowering the standard of care for restoration of lapsed right in design
17.
In section 8A (restoration of lapsed right in design), in subsection (4)—
Transitional provisions
18.
—(1) The amendments made to the Registered Designs Act 1949 by articles 7 to 10 shall not apply to post-1989 registrations or pre-1989 registrations.
(2) In paragraph (1)—
19.
The amendments made to section 22 of the Registered Designs Act 1949 by article 16(2)(b) and (3) shall not apply to any registration under the Act which has resulted from an application made before the coming into force of this Order.
Sainsbury of Turville
Parliamentary Under Secretary of State for Science and Innovation Department of Trade and Industry
26th July 2006
[3] Seventeenth Report published on 3rd April 2006, HL 160.back
[4] Fifth Report published on 26th May 2006, HC 1142.back
[5] 1949 c. 88; section 8 was inserted by section 269 of the Copyright, Designs and Patents Act 1988 (c. 48), sections 14 and 20 were amended by section 272 of, and paragraphs 7 and 11 of Schedule 3 to, that Act; sections 1A, 3 to 3B, 11ZA to 11ZD were inserted by the Registered Designs Regulations 2001 (SI 2001/3939), sections 14 and 20 were also amended by those Regulations; further amendments to sections 1A, 11ZB and 20 were made by the Registered Designs Regulations 2003 (SI 2003/550); there are other amendments but none is relevant.back