Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
STATUTORY INSTRUMENTS
2003 No. 550
DESIGNS
The Registered Designs Regulations 2003
Made        -      -       -      - 6th March 2003
Laid before Parliament  7th March 2003
Coming into force        -      - 1st April 2003
The Secretary of State, being designated (1) for the purposes of section 2(2) of the European
Communities Act 1972 (2) in relation to measures relating to the legal protection of designs, in
exercise of powers conferred on her by the said section 2(2) hereby makes the following Regulations:
Citation, commencement and extent
1.—(1)  These Regulations may be cited as the Registered Designs Regulations 2003 and shall
come into force on 1st April 2003.
(2)  These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendment to the Registered Designs Act 1949
2.—(1)  The Registered Designs Act 1949 (3) (“the Act”) shall be amended as follows.
(2)  In section 1A(2)(b) of the Act, after “this Act” there shall be inserted “or the Community
Design Regulation”.
(3)  In section 11ZB(4) of the Act—
(a)after “this Act” there shall be inserted “or the Community Design Regulation”; and
(b)after “the design” there shall be inserted “, the holder of the registered Community design”.
(4)  In section 20(1B) of the Act—
(a)after “this Act” there shall be inserted “or the Community Design Regulation”; and
(b)after “the design” there shall be inserted “, the holder of the registered Community design”.
(5)  In section 44(1) of the Act, at the appropriate places, there shall be inserted—
(1)S.I.2000/1813 .
(2)1972 c. 68 .
(3)1949 c. 88 . Sections 1A, 11ZB and 20(1B) were added by the Registered Designs Regulations 2001 (S.I. 2001/3949 ).Document Generated: 2017-09-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
““Community Design Regulation” means Council Regulation (EC) 6/2002  of 12th December
2001 on Community Designs (4);”;
““registered Community design” means a design that complies with the conditions contained
in, and is registered in the manner provided for in, the Community Design Regulation;”.
Transitional provisions: pending applications
3.—(1)  This Regulation applies to applications for registration under the Act that have been made
after the coming into force of the Registered Designs Regulations 2001 (“2001 Regulations”) (5) and
before the coming into force of these Regulations but that have not been finally determined before
the coming into force of these Regulations (“pending applications”).
(2)  The Act as it has effect immediately before the coming into force of these Regulations shall
continue to apply in relation to pending applications.
(3)  Accordingly the amendments made by these Regulations shall not apply in relation to such
applications.
Transitional provisions: transitional registrations
4.—(1)  This Regulation applies to any registration under the Act that results from the
determination of a pending application (within the meaning of Regulation 3).
(2)  The Act as it has effect immediately before the coming into force of these Regulations
shall continue to apply in relation to registrations to which this Regulation applies (“transitional
registrations”).
(3)  Accordingly the amendments made by these Regulations shall not apply in relation to
transitional registrations.
Transitional provisions: resulting registrations
5.—(1)  This Regulation applies to any registration made under the Act before the coming into
force of these Regulations that results from the determination of an application made under the Act
after the coming into force of the 2001 Regulations.
(2)  The Act as it has effect immediately before the coming into force of these Regulations
shall continue to apply in relation to registrations to which this Regulation applies (“resulting
registrations”).
(3)  Accordingly the amendments made by these Regulations shall not apply in relation to resulting
registrations.
6th March 2003Melanie Johnson,
Parliamentary Under Secretary of State for
Competition, Consumers and Markets,
Department of Trade and Industry
(4)OJ No. L 3, 5.1.2002, p. 1.
(5)S.I. 2001/3949 . The Registered Designs Regulations came into force on 9th December 2001.
2Document Generated: 2017-09-30
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations implement Article 11 of Directive 98/71/EC  of the European Parliament and of
the Council of 13th October 1998 on the legal protection of designs (O.J. No. L289, 28.10.1998,
p. 28) (“the Directive”) insofar as that Article refers or applies to the registration of a Community
design or an application for such registration.
The Directive provides for harmonisation in the EC of the matters of registered design protection
that most closely affect the functioning of the internal market and was implemented—other than the
matters referred to in the preceding paragraph—in the UK by the Registered Designs Regulations
2001 (S.I. 2001 No. 3949) . The Community design right was created under Council Regulation (EC)
6/2002  of 12th December 2001 on Community Designs (OJ No. L 3, 5.1.2002, p. 1.).
In particular these Regulations—
(a)further amend the Registered Designs Act 1949 (“the Act”) by including further grounds
upon which the registrar of designs may refuse an application or a third party may request
a declaration of invalidity;
(b)take up the discretion afforded by Article 11.8 of the Directive in providing that the Act as
it was prior to the coming into force of these Regulations shall continue to apply in relation
to applications made before the coming into force of these Regulations and registrations
made after the coming into force of these Regulations that result from such applications,
and, shall also continue to apply to registrations made before the coming into force of these
Regulations resulting from applications made after the coming into force of the Registered
Designs Regulations 2001.
A regulatory impact assessment and a transposition note setting out how Article 11 of the Directive
is transposed into law have been placed in the libraries of both Houses of Parliament. Copies are
also available from the Intellectual Property Policy Directorate of the Patent Office, Room 3338,
Concept House, Cardiff Road, Newport NP10 8QQ.
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