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The Community Design (Amendment) Regulations 2014 (S.I. 2014 No. 2400), United Kingdom

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Latest Version in WIPO Lex
Details Details Year of Version 2014 Dates Entry into force: October 1, 2014 Adopted: September 6, 2014 Type of Text Implementing Rules/Regulations Subject Matter Industrial Designs

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Main Text(s) Related Text(s)
Main text(s) Main text(s) English The Community Design (Amendment) Regulations 2014 (S.I. 2014 No. 2400)        
 The Community Design (Amendment) Regulations 2014

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS

2014 No. 2400

DESIGNS

The Community Design (Amendment) Regulations 2014

Made - - - - 6th September 2014

Laid before Parliament 9th September 2014

Coming into force - - 1st October 2014

The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to intellectual property (including both registered and unregistered rights). The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.

Citation and commencement

1. These Regulations may be cited as the Community Design (Amendment) Regulations 2014 and come into force on 1st October 2014.

Amendment of the Community Design Regulations 2005

2. The Community Design Regulations 2005(3) are amended as follows.

3. In regulation 1A (Infringement proceedings)— (a) in paragraph (2) for “In an action” substitute “Subject to paragraphs (3) to (5), in an action”; (b) after paragraph (2) insert—

“(3) In an action for the infringement of the right in a registered Community design damages shall not be awarded against a person who proves that at the date of the infringement they were not aware, and had no reasonable ground for supposing, that the design was registered.

(4) For the purpose of paragraph (3), a person shall not be deemed to have been aware or to have had reasonable grounds for supposing that the design was registered by reason only of the marking of a product with—

(1) S.I. 2006/608. (2) 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the

European Union (Amendment) Act 2008 (c.7), section 3(3) and Part 1of the Schedule. (3) S.I. 2005/2339.

Document Generated: 2017-08-20 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(a) the word “registered” or any abbreviation of that word, or (b) any word or words expressing or implying that the design applied to, or

incorporated in, the product has been registered, unless the number of the design accompanied the word or words or the abbreviation in question.

(5) In an action for the infringement of an unregistered Community design, damages shall not be awarded against a person who proves that at the date of the infringement that they were not aware, and had no reason to believe, that the design to which the action relates was protected as an unregistered Community design.”

6th September 2014

Baroness Neville-Rolfe Parliamentary Under Secretary of State for

Business, Innovation and Skills Department for Business, Innovation and Skills

2

Document Generated: 2017-08-20 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Community Design Regulations 2005 (“the 2005 Regulations”) so that unintentional infringement of a registered or unregistered Community design in the UK cannot give rise to an order to pay damages. This amendment to the 2005 Regulations will ensure that where a person innocently infringes Community designs then they are liable on the same basis as that available in relation to innocent infringement of UK designs.

The 2005 Regulations make provision for the operation of Council Regulation (6/2002/EC) on Community designs.

An impact assessment has not been produced for this instrument as it has a negligible effect on business.

3

Additional Text(s) WTO Notifications Coversheet (3 text(s)) WTO Notifications Coversheet (3 text(s)) English The Community Design (Amendment) Regulations 2014 (S.I. 2014 No. 2400) French Règlement de 2014 sur les dessins ou modèles communautaires (modification) (S.I. 2014 n° 2400) Spanish Reglamento sobre Dibujos y Modelos Comunitarios (Modificación) (S.I. 2014 N° 2400)
 The Community Design (Amendment) Regulations 2014

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS

2014 No. 2400

DESIGNS

The Community Design (Amendment) Regulations 2014

Made - - - - 6th September 2014

Laid before Parliament 9th September 2014

Coming into force - - 1st October 2014

The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to intellectual property (including both registered and unregistered rights). The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.

Citation and commencement

1. These Regulations may be cited as the Community Design (Amendment) Regulations 2014 and come into force on 1st October 2014.

Amendment of the Community Design Regulations 2005

2. The Community Design Regulations 2005(3) are amended as follows.

3. In regulation 1A (Infringement proceedings)— (a) in paragraph (2) for “In an action” substitute “Subject to paragraphs (3) to (5), in an action”; (b) after paragraph (2) insert—

“(3) In an action for the infringement of the right in a registered Community design damages shall not be awarded against a person who proves that at the date of the infringement they were not aware, and had no reasonable ground for supposing, that the design was registered.

(4) For the purpose of paragraph (3), a person shall not be deemed to have been aware or to have had reasonable grounds for supposing that the design was registered by reason only of the marking of a product with—

(1) S.I. 2006/608. (2) 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the

European Union (Amendment) Act 2008 (c.7), section 3(3) and Part 1of the Schedule. (3) S.I. 2005/2339.

Document Generated: 2017-08-20 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(a) the word “registered” or any abbreviation of that word, or (b) any word or words expressing or implying that the design applied to, or

incorporated in, the product has been registered, unless the number of the design accompanied the word or words or the abbreviation in question.

(5) In an action for the infringement of an unregistered Community design, damages shall not be awarded against a person who proves that at the date of the infringement that they were not aware, and had no reason to believe, that the design to which the action relates was protected as an unregistered Community design.”

6th September 2014

Baroness Neville-Rolfe Parliamentary Under Secretary of State for

Business, Innovation and Skills Department for Business, Innovation and Skills

2

Document Generated: 2017-08-20 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Community Design Regulations 2005 (“the 2005 Regulations”) so that unintentional infringement of a registered or unregistered Community design in the UK cannot give rise to an order to pay damages. This amendment to the 2005 Regulations will ensure that where a person innocently infringes Community designs then they are liable on the same basis as that available in relation to innocent infringement of UK designs.

The 2005 Regulations make provision for the operation of Council Regulation (6/2002/EC) on Community designs.

An impact assessment has not been produced for this instrument as it has a negligible effect on business.

3


Legislation Amends (1 text(s)) Amends (1 text(s)) Implements (1 text(s)) Implements (1 text(s)) WTO Document Reference
IP/N/1/GBR/49
IP/N/1/GBR/D/23
No data available.

WIPO Lex No. GB360