The Registered Designs Rules 2006


Made 27th July 2006
Laid before Parliament 28th July 2006
Coming into force 1st October 2006

New Fees (from 1 October 2006):
The Registered Designs (Fees) Rules 2006, SI 2006 No. 2424, now revoked and replaced by the Registered Designs (Fees) (No. 2) Rules 2006, SI 2006 No. 2617

Amended by the Patents, Trade Marks and Designs (Address for Service) Rules 2009, SI 2009 No. 546, as from 6 April 2009: Rules 42 & 43

CONTENTS

PART 1

INTRODUCTORY

1. Citation and commencement
2. Interpretation
3. Forms

PART 2

APPLICATIONS FOR REGISTRATION

Applications for registration and formal requirements

4. Applications
5. Formal requirements

Disclaimers

6. Partial disclaimers

Convention applications

7. Convention applications

Examination of application, representations for publication and time limits

8. Substantive and formal examination of application
9. Representation of design for publication
10. Time limits under section 3(5) and section 3B

PART 3

DESIGNS AFTER REGISTRATION

Publication

11. Publication

Duration of rights and surrender

12. Extension of duration of right in registered design
13. Restoration of a lapsed right in a design under section 8A
14. Cancellation of registration

PART 4

PROCEEDINGS HEARD BEFORE THE REGISTRAR

Conduct of proceedings

15. Procedure for applying for a declaration of invalidity
16. Evidence rounds
17. Decision of registrar on invalidity
18. Exercise of discretionary powers of registrar
19. General powers of registrar in relation to proceedings before him
20. Hearings in public
21. Evidence in proceedings before the registrar

Miscellaneous

22. Costs of proceedings
23. Security for costs
24. Registrar shall have the powers of official referee
25. Minimum notice of hearing

PART 5

THE REGISTER AND OTHER INFORMATION

Certificate of registration and registrable interests

26. Certificate of registration
27. Registration of interests

Inspection and information about registered designs

28. Inspection of register, representations and specimens
29. Inspection of documents
30. Confidential information
31. Information about rights in registered designs

Copies of documents

32. Copies of entries in, or extracts from, the register
33. Copies of representations and specimens

Alterations and rectification

34. Alteration of name or address
35. Notice of rectification of the register

PART 6

MISCELLANEOUS

Agents and advisers

36. Agents
37. Appointing advisers

Correction of irregularities and extensions of time

38. Correction of irregularities
39. Extension of times or periods prescribed by Rules
40. Interrupted days
41. Delays in communication services

Address for service

42. Address for service
43. Failure to furnish an address for service

Miscellaneous

44. The journal
45. Hours of business
46. Excluded days
47. Transitional provisions and revocation
SCHEDULE 1— FORMS
SCHEDULE 2— TRANSITIONAL PROVISIONS
SCHEDULE 3— REVOCATIONS

The Secretary of State makes the following Rules in exercise of the powers conferred upon him by sections 29 to 31 and 36 of the Registered Designs Act 1949[1].

In accordance with section 8(1) of the Tribunals and Inquiries Act 1992 the Secretary of State has consulted the Council on Tribunals.

[1] 1949 c. 88; sections 29 to 31 and 36 were amended by section 272 of, and paragraphs 18 to 20 and 26 of Schedule 3 to, the Copyright, Designs and Patents Act 1988 (c. 48) and sections 30 and 36 were amended by regulation 9 of, and paragraphs 9 and 11 of Schedule 1 and Schedule 2 to, SI 2001/3949.