Statutory Instruments
2007 No. 3378
designs
The Designs (International Registrations Designating the European Community) Regulations 2007
Made
28th November 2007
Laid before Parliament
30th November 2007
Coming into force
1st January 2008
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1 ) in relation to intellectual property (including both registered and unregistered rights)( 2 ).
Accordingly the Secretary of State, in exercise of the powers conferred upon him by section 2(2) of that Act, makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Designs (International Registrations Designating the European Community) Regulations 2007, and shall come into force on 1st January 2008.
Amendment of the Registered Designs Act 1949
2. In section 11ZA (grounds for invalidity of registration) of the Registered Designs Act 1949( 3 ), for paragraph (1A)(b) substitute—
“ (b) is protected as from a date prior to the relevant date—
(i) by virtue of registration under this Act or the Community Design Regulation or an application for such registration, or
(ii) by virtue of an international registration (within the meaning of Articles 106a to 106f of that Regulation) designating the Community. ” .
Amendment of the Community Design Regulations 2005
3. —(1)The Community Design Regulations 2005( 4 ) are amended as follows.
(2) In regulation 1 (introductory and interpretation)—
(a) in paragraph (2)—
(i) after “Council Regulation
(ii) at the end insert “; and “ international registration ” has the same meaning as in Articles 106a to 106f of the Community Design Regulation”; and
(b) after paragraph (2) insert—
“ (3) In addition, references to a Community design and a registered Community design include a reference to a design protected by virtue of an international registration designating the Community. ” .
(3) In regulation 2, after paragraph (6) insert—
“ (6A) In relation to a design protected by virtue of an international registration designating the Community, the reference in paragraph (3) to a registration being invalid includes a reference to the effects of the international registration being declared invalid in accordance with Article 106f of the Community Design Regulation. ” .
Lord Triesman
Parliamentary Under Secretary of State for Intellectual Property and Quality
Department for Innovation, Universities and Skills
28th November 2007
1972 c. 68 ; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51) , section 27(1)(a).
1949 c. 88 ; section 11ZA was inserted by S.I. 2001/3949 , and subsections (1A) and (1B) of that section were inserted by S.I. 2006/1974 with effect from 1st October 2006 but subject to transitional provisions.