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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.”.
(1)1972 c. 68 ; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51) , section 27(1)(a).
(2)S.I. 2006/608 .
(3)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.Document Generated: 2017-08-17
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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 (EC) 6/2002  of 12th December 2001 on Community
Designs;”, omit “and”, and
(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.”.
28th November 2007Lord Triesman
Parliamentary Under Secretary of State for
Intellectual Property and Quality
Department for Innovation, Universities and
Skills
(4)S.I. 2005/2339 .
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make amendments to the Registered Designs Act 1949 (“the 1949 Act”) and
the Community Design Regulations 2005 ( S.I. 2005/2339 ) (“the 2005 Regulations”) which are
necessary as a result of the accession by the European Community to the Geneva Act of the Hague
Agreement Concerning the International Registration of Industrial Designs: see Council Decision
(EC) No 954/2006  (OJ No L386, 29.12.2006, pp. 28 - 43). The text of the Geneva Act is attached
to that Decision, and is also available electronically from www.wipo.int/hague/en/legal_texts.
The Geneva Act, which was adopted on 2nd July 1999 and entered into force on 23rd December
2003, allows designers to obtain design protection in a number of countries through a single
international registration, and permits intergovernmental organisations to become a party to the Act
provided that a number of conditions are fulfilled. In particular, the organisation must maintain an
Office through which protection of industrial designs may be obtained with effect in the territory
of the organisation. A Community design registered at the Office for Harmonization in the Internal
Market (trade marks and designs) under Council Regulation (EC) No 6/2002  (OJ L 3, 5.1.2002, p.1)
(“the Community Design Regulation”) does indeed have effect in the territory of the Community,
and the 2005 Regulations make provision for the operation of the Community Design Regulation
in the United Kingdom.
The amendments to the Community Design Regulation which are necessary to give effect to the
Community’s accession to the Geneva Act were made by Council Regulation (EC) No 1891/2006
(OJ No L 386, 29.12.2006, pp.14 - 16), which enters into force on the date on which the Geneva Act
enters into force with respect to the European Community (1st January 2008).
As a result of the Community’s accession to the Geneva Act, it will be possible for holders of an
international registration under that Act to apply for protection of their designs under the registered
Community design system. An international registration designating the Community has, from the
date of its registration, the same effect as an application for a registered Community design; and if no
refusal is notified in accordance with Article 12 of the Geneva Act, or any such refusal is withdrawn,
the registration has the same effect as the registration of a design as a registered Community design.
Regulation 2  provides for the amendment of section 11ZA of the 1949 Act (as amended by the
Regulatory Reform (Registered Designs) Order 2006, S.I. 2006/1974 ). Section 11ZA contains the
grounds upon which the registration of a design may be declared invalid. The amendment made
by this regulation ensures that, for those purposes, a prior international registration designating the
Community is treated in the same way as a prior registered Community design (or application for
such a design).
Regulation 3  amends the 2005 Regulations to ensure that, under those Regulations, such
international registrations are treated in the same way as Community designs and in particular
registered Community designs.
This instrument ensures that, in accordance with the new Articles 106d and 106f of the
Community Design Regulation, an international registration designating the Community has the
same effect as the registration (or application for registration) of a design under that Regulation.
A full impact assessment of the effect that this instrument will have on the costs of business has
been prepared, and has been placed in the libraries of both Houses of Parliament. It is also available
from June Davies, The UK Intellectual Property Office, Concept House, Cardiff Road, Newport,
NP10 8QQ, and is available electronically from www.ipo.gov.uk.
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