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STATUTORY INSTRUMENTS
2014 No. 2400
DESIGNS
The Community Design (Amendment) Regulations 2014
Made        -      -       -      - 6th September 2014
Laid before Parliament  9th September 2014
Coming into force        -      - 1st October 2014
The Secretary of State is a Minister designated (1) for the purposes of section 2(2) of the European
Communities Act 1972 (2) in relation to intellectual property (including both registered and
unregistered rights).
The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the
following Regulations.
Citation and commencement
1.These Regulations may be cited as the Community Design (Amendment) Regulations 2014
and come into force on 1st October 2014.
Amendment of the Community Design Regulations 2005
2.The Community Design Regulations 2005 (3) are amended as follows.
3.In regulation 1A (Infringement proceedings)—
(a)in paragraph (2) for “In an action” substitute “Subject to paragraphs (3) to (5), in an action”;
(b)after paragraph (2) insert—
“(3)  In an action for the infringement of the right in a registered Community design
damages shall not be awarded against a person who proves that at the date of the
infringement they were not aware, and had no reasonable ground for supposing, that
the design was registered.
(4)  For the purpose of paragraph (3), a person shall not be deemed to have been
aware or to have had reasonable grounds for supposing that the design was registered
by reason only of the marking of a product with—
(1)S.I. 2006/608 .
(2)1972 c.68 ; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51) , section 27(1) and the
European Union (Amendment) Act 2008 (c.7) , section 3(3) and Part 1of the Schedule.
(3)S.I. 2005/2339 .Document Generated: 2017-08-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(a)the word “registered” or any abbreviation of that word, or
(b)any word or words expressing or implying that the design applied to, or
incorporated in, the product has been registered,
unless the number of the design accompanied the word or words or the abbreviation
in question.
(5)  In an action for the infringement of an unregistered Community design, damages
shall not be awarded against a person who proves that at the date of the infringement
that they were not aware, and had no reason to believe, that the design to which the
action relates was protected as an unregistered Community design.”
6th September 2014Baroness Neville-Rolfe
Parliamentary Under Secretary of State for
Business, Innovation and Skills
Department for Business, Innovation and Skills
2Document Generated: 2017-08-20
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 amend the Community Design Regulations 2005 (“the 2005 Regulations”) so
that unintentional infringement of a registered or unregistered Community design in the UK cannot
give rise to an order to pay damages. This amendment to the 2005 Regulations will ensure that
where a person innocently infringes Community designs then they are liable on the same basis as
that available in relation to innocent infringement of UK designs.
The 2005 Regulations make provision for the operation of Council Regulation (6/2002/EC) on
Community designs.
An impact assessment has not been produced for this instrument as it has a negligible effect on
business.
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