Citation, commencement and extent

1. —(1) These Regulations may be cited as the Registered Designs Regulations 2003 and shall come into force on 1st April 2003.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment to the Registered Designs Act 1949

2. —(1)The Registered Designs Act 1949( 3 ) (“the Act”) shall be amended as follows.

(2) In section 1A(2)(b) of the Act, after “this Act” there shall be inserted “or the Community Design Regulation”.

(3) In section 11ZB(4) of the Act—

(a) after “this Act” there shall be inserted “or the Community Design Regulation”; and

(b) after “the design” there shall be inserted “, the holder of the registered Community design”.

(4) In section 20(1B) of the Act—

(a) after “this Act” there shall be inserted “or the Community Design Regulation”; and

(b) after “the design” there shall be inserted “, the holder of the registered Community design”.

(5) In section 44(1) of the Act, at the appropriate places, there shall be inserted—

“ “Community Design Regulation” means Council Regulation ( EC ) 6/2002 of 12th December 2001 on Community Designs ( 4 ) ; ” ;

“ “registered Community design” means a design that complies with the conditions contained in, and is registered in the manner provided for in, the Community Design Regulation; ” .

Transitional provisions: pending applications

3. —(1) This Regulation applies to applications for registration under the Act that have been made after the coming into force of the Registered Designs Regulations 2001(“2001 Regulations”)( 5 ) and before the coming into force of these Regulations but that have not been finally determined before the coming into force of these Regulations (“pending applications”).

(2) The Act as it has effect immediately before the coming into force of these Regulations shall continue to apply in relation to pending applications.

(3) Accordingly the amendments made by these Regulations shall not apply in relation to such applications.

Transitional provisions: transitional registrations

4. —(1) This Regulation applies to any registration under the Act that results from the determination of a pending application (within the meaning of Regulation 3).

(2) The Act 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”).

(3) Accordingly the amendments made by these Regulations shall not apply in relation to transitional registrations.

Transitional provisions: resulting registrations

5. —(1) This Regulation applies to any registration made under the Act before the coming into force of these Regulations that results from the determination of an application made under the Act after the coming into force of the 2001 Regulations.

(2) The Act 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 (“resulting registrations”).

(3) Accordingly the amendments made by these Regulations shall not apply in relation to resulting registrations.