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Contents

Long Title

Part I PRELIMINARY

Part II REGISTRATION OF DESIGNS

Division 1 — Ownership of Designs

Division 2 — Registrable Designs

Division 3 — Proceedings for Registration

Division 4 — Duration of Registration

Division 5 — Proceedings for Determination of Rights in Registered Designs

Division 6 — Surrender and Revocation of Registration

Division 7 — Miscellaneous

Part III RIGHTS IN REGISTERED DESIGNS

Division 1 — Rights of Registered Owner of Registered Design

Division 2 — Registered Design as OBJECT OF PROPERTY

Division 3 — Infringement Proceedings

Part IV GOVERNMENT USE OF REGISTERED DESIGNS

Part V ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS

Division 1 — Registrar

Division 2 — Register

Division 3 — Powers of Registrar

Division 4 — Hours of Business of Registry

Part VA THE GENEVA ACT OF THE HAGUE AGREEMENT, ETC

Part VI OFFENCES

Part VII MISCELLANEOUS AND GENERAL PROVISIONS

THE SCHEDULE Transitional Provisions

Legislative Source Key

Legislative History

Comparative Table

 
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On 23/05/2013, you requested for the version in force on 23/05/2013 incorporating all amendments published on or before 23/05/2013. The closest version currently available is that of 31/07/2005.
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Division 4 — Duration of Registration
Initial period of registration and extension
21.
—(1)  The initial period of registration of a design is 5 years from the date of registration of the design.
(2)  The period of registration of a design may be extended for a second and third period of 5 years, by applying to the Registrar for an extension, and paying the prescribed extension fee, before the expiry of the current period of registration.
(3)  The Minister may make rules for the Registrar to inform the registered owner of a design, before the expiry of the current period of registration, of the imminent expiry of the registration and the manner in which it may be extended.
(4)  If the application and payment are not made before the expiry of the current period of registration, the registration of the design shall cease to be in force upon the expiry of that period and shall be removed from the Register.
(5)  If, during the period of 6 months immediately following the expiry of the current period of registration, an application for extension is made and the extension fee and any prescribed late fee are paid, the registration of the design shall be treated as if it had never ceased to be in force, and accordingly —
(a)
anything done under or in relation to any rights in the design by or with the consent of the owner during that period shall be treated as valid;
(b)
an act which would have constituted an infringement of the design if the registration had not ceased to be in force shall be treated as an infringement; and
(c)
an act which would have constituted use of the design for the services of the Government under Part IV if the registration had not ceased to be in force shall be treated as such use.
[UK Designs 1949, s. 8]
Exceptions relating to artistic works, etc.
22.
—(1)  Notwithstanding section 21, where it is shown that a registered design —
(a)
was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsists under the Copyright Act (Cap. 63); and
(b)
by reason of a previous use of that work would not have been registrable but for section 9(1),
the period of registration of the design expires when the copyright in that work expires, if that is earlier than the time at which it would otherwise expire, and it may not thereafter be extended.
(2)  Notwithstanding section 21, the period of registration of a design registered by virtue of section 10(1) shall not extend beyond the end of the period of registration, and any extended period of registration, of the original registered design.
[UK Designs 1949, s. 8]