Schedules:

Schedule 1—Provisions as to the use of registered designs for the services of the Crown and as to rights of third parties in respect of such use.

Schedule 2—... ... ... ... ... ... ...

An Act to consolidate certain enactments relating to registered designs.

[16th December 1949]

 (a) a method or principle of construction, or

 (b) features of shape or configuration of an article which—
 (i) are dictated solely by the function which the article has to perform, or
 (ii) are dependent upon the appearance of another article of which the article is intended by the author of the design to form an integral part.

 (a) registered in respect of the same or any other article in pursuance of a prior application, or

 (b) published in the United Kingdom in respect of the same or any other article before the date of the application,

This subsection has effect subject to the provisions of sections 4, 6 and 16 of this Act.

 (b) for registration in respect of the same or one or more other articles, of a design consisting of the registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof,

Provided that the right in a design registered by virtue of this section shall not extend beyond the end of the period, and any extended period, for which the right subsists in the original registered design.

 (a) that design has been previously registered by another person in respect of some other article; or

 (b) the design to which the application relates consists of a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof,

 (a) the representation or specimen of the design, and

 (b) any evidence filed in support of the applicant's contention that the appearance of an article is material (for the purposes of section 1(3) of this Act),

 (a) the Secretary of State shall, upon receipt of such notice, consider whether the publication of the design would be prejudicial to the defence of the realm and unless a notice under paragraph (c) of this subsection has previously been given by that authority to the registrar, shall reconsider that question before the expiration of nine months from the date of filing of the application for registration of the design and at least once in every subsequent year;

 (b) for the purpose aforesaid, the Secretary of State may, at any time after the design has been registered or, with the consent of the applicant, at any time before the design has been registered, inspect the representation or specimen of the design, or any such evidence as is mentioned in subsection (2)(b) above, filed in pursuance of the application;

 (c) if upon consideration of the design at any time it appears to the Secretary of State that the publication of the design would not, or would no longer, be prejudicial to the defence of the realm, he shall give notice to the registrar to that effect;

 (d) on the receipt of any such notice the registrar shall revoke the directions and may, subject to such conditions, if any, as he thinks fit, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application or registration, whether or not that time has previously expired.

 (a) an application for registration of the same design has been made in the United Kingdom not less than six weeks before the application outside the United Kingdom; and

 (b) either no directions have been given under subsection (1) of this section in relation to the application in the United Kingdom or all such directions have been revoked:
Provided that this subsection shall not apply in relation to a design for which an application for protection has first been filed in a country outside the United Kingdom by a person resident outside the United Kingdom.

 (a) the disclosure of the design by the proprietor to any other person in such circumstances as would make it contrary to good faith for that other person to use or publish the design;

 (b) the disclosure of the design in breach of good faith by any person other than the proprietor of the design; or

 (c) in the case of a new or original textile design intended for registration, the acceptance of a first and confidential order for goods bearing the design.

 (a) that a representation of the design, or any article to which the design has been applied, has been displayed, with the consent of the proprietor of the design, at an exhibition certified by the Secretary of State for the purposes of this subsection;

 (b) that after any such display as aforesaid, and during the period of the exhibition, a representation of the design or any such article as aforesaid has been displayed by any person without the consent of the proprietor; or

 (c) that a representation of the design has been published in consequence of any such display as is mentioned in paragraph (a) of this subsection,

 (a) the design in question, or

 (b) a design differing from it only in immaterial details or in features which are variants commonly used in the trade,

 (a) to make or import—
 (i) for sale or hire, or
 (ii) for use for the purposes of a trade or business, or

 (b) to sell, hire or offer or expose for sale or hire,

 (a) does anything in relation to a kit that would be an infringement if done in relation to the assembled article (see subsection (1)), or

 (b) makes anything for enabling a kit to be made or assembled, in the United Kingdom or elsewhere, if the assembled article would be such an article as is mentioned in subsection (1);

 (a) anything done under or in relation to the right during that further period shall be treated as valid,

 (b) an act which would have constituted an infringement of the right if it had not expired shall be treated as an infringement, and

 (c) an act which would have constituted use of the design for the services of the Crown if the right had not expired shall be treated as such use.

 (a) was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsists, and

 (b) by reason of a previous use of that work would not have been registrable but for section 6(4) of this Act (registration despite certain prior applications of design),

 (a) if done at a time when it was possible for an application for extension to be made under section 8(4); or

 (b) if it was a continuation or repetition of an earlier infringing act.

 (a) began in good faith to do an act which would have constituted an infringement of the right in the design if it had not expired, or

 (b) made in good faith effective and serious preparations to do such an act,

 (a) authorise the doing of that act by any partners of his for the time being in that business, and

 (b) assign that right, or transmit it on death (or in the case of a body corporate on its dissolution), to any person who acquires that part of the business in the course of which the act was done or the preparations were made.

 (a) the design was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsisted, and

 (b) the right in the registered design has expired in accordance with section 8(4) of this Act (expiry of right in registered design on expiry of copyright in artistic work);

 (a) in the case of cancellation under subsection (1), from the date of the registrar's decision,

 (b) in the case of cancellation under subsection (2), from the date of registration,

 (c) in the case of cancellation under subsection (3), from the date on which the right in the registered design expired,

 (a) on a monopoly reference, that a monopoly situation exists and facts found by the Commission operate or may be expected to operate against the public interest,

 (b) on a merger reference, that a merger situation qualifying for investigation has been created and the creation of the situation, or particular elements in or consequences of it specified in the report, operate or may be expected to operate against the public interest,

 (c) on a competition reference, that a person was engaged in an anti-competitive practice which operated or may be expected to operate against the public interest, or

 (d) on a reference under section 11 of the Competition Act 1980 (reference of public bodies and certain other persons), that a person is pursuing a course of conduct which operates against the public interest,

 (a) conditions in licences granted in respect of a registered design by its proprietor restricting the use of the design by the licensee or the right of the proprietor to grant other licences, or

 (b) a refusal by the proprietor of a registered design to grant licences on reasonable terms,

 (a) no injunction shall be granted against him, and

 (b) the amount recoverable against him by way of damages or on an account of profits shall not exceed double the amount which would have been payable by him as licensee if such a licence on those terms had been granted before the earliest infringement.

Provided that a declaration may be made as aforesaid for the purposes either of all or of some only of the provisions of this Act, and a country in the case of which a declaration made for the purposes of some only of the provisions of this Act is in force shall be deemed to be a convention country for the purposes of those provisions only.

Provided that no application shall be made by virtue of this section after the expiration of six months from the date of the application for protection in a convention country or, where more than one such application for protection has been made, from the date of the first application.

 (a) in accordance with the terms of a treaty subsisting between two or more convention countries, is equivalent to an application duly made in any one of those convention countries; or

 (b) in accordance with the law of any convention country, is equivalent to an application duly made in that convention country,

 (a) may, where any agreement or arrangement has been made between His Majesty's Government in the United Kingdom and the government of the convention country for the supply or mutual exchange of information or articles, provide, either generally or in any class of case specified in the rules, that an extension of time shall not be granted under this section unless the design has been communicated in accordance with the agreement or arrangement;

 (b) may, either generally or in any class of case specified in the rules, fix the maximum extension which may be granted under this section;

 (c) may prescribe or allow any special procedure in connection with applications made by virtue of this section;

 (d) may empower the registrar to extend, in relation to an application made by virtue of this section, the time limited by or under the foregoing provisions of this Act for doing any act, subject to such conditions, if any, as may be imposed by or under the rules;

 (e) may provide for securing that the rights conferred by registration on an application made by virtue of this section shall be subject to such restrictions or conditions as may be specified by or under the rules and in particular to restrictions and conditions for the protection of persons (including persons acting on behalf of His Majesty) who, otherwise than as the result of a communication made in accordance with such an agreement or arrangement as is mentioned in paragraph (a) of this subsection, and before the date of the application in question or such later date as may be allowed by the rules, may have imported or made articles to which the design is applied or may have made any application for registration of the design.

 (a) an application for the registration of the design made by the person from whom the design was communicated or his personal representative or assignee shall not be prejudiced, and the registration of the design in pursuance of such an application shall not be invalidated, by reason only that the design has been communicated as aforesaid or that in consequence thereof—
 (i) the design has been published or applied, or
 (ii) an application for registration of the design has been made by any other person, or the design has been registered on such an application;

 (b) any application for the registration of a design made in consequence of such a communication as aforesaid may be refused and any registration of a design made on such an application may be cancelled.

 (a) the names and addresses of proprietors of registered designs;

 (b) notices of assignments and of transmissions of registered designs; and

 (c) such other matters as may be prescribed or as the registrar may think fit.

 (a) the right of inspection conferred by subsection (4) above is a right to inspect the material on the register; and

 (b) the right to a copy or extract conferred by subsection (5) above or rules is a right to a copy or extract in a form in which it can be taken away and in which it is visible and legible.

 (a) a copy of an entry in the register or an extract from the register which is supplied under subsection (5) above;

 (b) a copy or any representation, specimen or document kept in the Patent Office or an extract from any such document,

 (a) where that person is entitled to a registered design or a share in a registered design, register him in the register of designs as proprietor or co-proprietor of the design, and enter in that register particulars of the instrument or event by which he derives title; or

 (b) where that person is entitled to any other interest in the registered design, enter in that register notice of his interest, with particulars of the instrument (if any) creating it.

Provided that any equities in respect of the design may be enforced in like manner as in respect of any other personal property.

 (a) an entry made has effect from the date on which it should have been made,

 (b) an entry varied has effect as if it had originally been made in its varied form, and

 (c) an entry deleted shall be deemed never to have had effect,

 (a) the representation or specimen of the design, and

 (b) any evidence filed in support of the applicant's contention that the appearance of an article is material (for the purposes of section 1(3) of this Act).

Provided that where the registrar proposes to refuse an application for the registration of any other design on the ground that it is the same as the first-mentioned design or differs from that design only in immaterial details or in features which are variants commonly used in the trade, the applicant shall be entitled to inspect the representation or specimen of the first-mentioned design filed in pursuance of the application for registration of that design.

 (a) whether the design is registered and, if so, in respect of what articles, and

 (b) whether any extension of the period of the right in the registered design has been granted,

Provided that this subsection shall not apply to the costs of any appeal in any such proceedings as aforesaid.

 (a) a declaration to the effect that the threats are unjustifiable;

 (b) an injunction against the continuance of the threats; and

 (c) such damages, if any, as he has sustained thereby.

 (a) in England and Wales, the High Court or any patents county court having jurisdiction by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988,

 (b) in Scotland, the Court of Session, and

 (c) in Northern Ireland, the High Court.

 (a) one or more judges of the High Court nominated by the Lord Chancellor, and

 (b) one judge of the Court of Session nominated by the Lord President of that Court.

 (a) where in the case of any particular appeal the senior of those judges so directs, shall be exercised in relation to that appeal by both of the judges, or (if there are more than two) by two of them, sitting together, and

 (b) in relation to any appeal in respect of which no such direction is given, may be exercised by any one of the judges;

 (a) in England and Wales or Northern Ireland, in the same way as an order of the High Court;

 (b) in Scotland, in the same way as a decree for expenses granted by the Court of Session.

Provided that another of those judges may exercise that power if it appears to him that it is necessary for rules to be made and that the judge (or, if more than one, each of the judges) senior to him is for the time being prevented by illness, absence or otherwise from making them.

 (a) to award any party such costs as he may consider reasonable, and

 (b) to direct how and by what parties they are to be paid.

 (a) in England and Wales or Northern Ireland, in the same way as an order of the High Court;

 (b) in Scotland, in the same way as a decree for expenses granted by the Court of Session.

 (a) an application for cancellation of the registration of a design,

 (b) an application for the grant of a licence in respect of a registered design, or

 (c) an appeal from any decision of the registrar under this Act,

 (a) as to the giving of evidence in proceedings before the registrar under this Act by affidavit or statutory declaration;

 (b) conferring on the registrar the powers of an official referee of the Supreme Court as regards the examination of witnesses on oath and the discovery and production of documents; and

 (c) applying in relation to the attendance of witnesses in proceedings before the registrar the rules applicable to the attendance of witnesses in proceedings before such a referee.

 (a) on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both;

 (b) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both.

 (a) on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both;

 (b) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both.

 (a) prescribing the form of applications for registration of designs and of any representations or specimens of designs or other documents which may be filed at the Patent Office, and requiring copies to be furnished of any such representations, specimens or documents;

 (b) regulating the procedure to be followed in connection with any application or request to the registrar or in connection with any proceeding before him, and authorising the rectification of irregularities of procedure;

 (c) providing for the appointment of advisers to assist the registrar in proceedings before him;

 (d) regulating the keeping of the register of designs;

 (e) authorising the publication and sale of copies of representations of designs and other documents in the Patent Office;

 (f) prescribing anything authorised or required by this Act to be prescribed by rules.

"Appeal Tribunal" means the Appeal Tribunal constituted and acting in accordance with section 28 of this Act as amended by the Administration of Justice Act 1969;

"article" means any article of manufacture and includes any part of an article if that part is made and sold separately;

"artistic work" has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988;

"assignee" includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person;

"author", in relation to a design, has the meaning given by section 2(3) and (4);

"corresponding design", in relation to an artistic work, means a design which if applied to an article would produce something which would be treated for the purposes of Part I of the Copyright, Designs and Patents Act 1988 as a copy of that work;

"the court" shall be construed in accordance with section 27 of this Act;

"design" has the meaning assigned to it by section 1(1) of this Act;

"employee", "employment" and "employer" refer to employment under a contract of service or of apprenticeship;

"prescribed" means prescribed by rules made by the Secretary of State under this Act;

"proprietor" has the meaning assigned to it by section two of this Act;

"registered proprietor" means the person or persons for the time being entered in the register of designs as proprietor of the design;

"registrar" means the Comptroller-General of Patents Designs and Trade Marks;

"set of articles" means a number of articles of the same general character ordinarily on sale or intended to be used together, to each of which the same design, or the same design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, is applied.

 (3) The expression "injunction" means "interdict" the expression " arbitrator" means " arbiter"

the expression "plaintiff" means "pursuer" the expression "defendant" means "defender".