- REGISTERED DESIGNS ACT —CHAPTER 266, SECTION 74)—Registered Designs Rules
- Table of Contents
- 1. Citation
- PART II—REGISTRATION OF DESIGNS
- PART III—REGISTER
- PART IV—EXTENSION OF PERIOD OF REGISTRATION OF DESIGN
- PART V—REGISTRABLE TRANSACTIONS
- PART VI—SURRENDER AND REVOCATION OF REGISTRATION OF DESIGN
- PART VII—EVIDENCE AND PROCEDURE
- PART VIIA—COSTS
- PART VIII—EXTENSION OF TIME
- PART VIIIA—ELECTRONIC ONLINE SYSTEM
- PART IX—MISCELLANEOUS PROVISIONS
- PART X—TRANSITIONAL PROVISIONS
- FIRST SCHEDULE—FEES
- SECOND SCHEDULE—DESCRIPTIONS OF FORMS
- THIRD SCHEDULE—CLASSIFICATION OF ARTICLES
- FOURTH SCHEDULE—SCALE OF COSTS
REGISTERED DESIGNS ACT
(CHAPTER 266, SECTION 74)
REGISTERED DESIGNS RULES
History
G.N. NO.S 504/2000
->
R1 2002 REVISED EDITION
[13th November 2000]
Arrangement of Provisions
1 Citation 2 Definitions 3 Fees 3A Filing of documents 4 Forms 4A Size of documents 5 Signature on documents 6 Service of documents 7 Address for service 8 Agents
PART II REGISTRATION OF DESIGNS DIVISION 1 — REGISTRABILITY OF DESIGNS 9 Designs excluded from registration 10 Registration of design consisting of arms, etc. 11 Persons living or recently dead 12 Industrial application of designs DIVISION 2 — APPLICATION FOR REGISTRATION 13 Application for registration of design 14 Representations of design 15 Statement of novelty 16 Prescribed case under section 5 (3) of Act 17 Statement relating to confidential disclosure 18 Statement relating to previous registration of design in respect of other articles, etc. 19 Claim to priority 20 Samples 21 Specimens 22 Multiple applications 23 Withdrawal of application 24 Amendment of application 25 Reinstatement of application
DIVISION 3 — MISCELLANEOUS 26 Classification 27 Formal requirements 28 Publication of notice of registration 29 Designs relevant for defence purposes 30 Information and inspection of documents
PART III REGISTER 31 Entry in Register of particulars of registered design 32 Certificates and copies 33 Correction of Register
PART IV EXTENSION OF PERIOD OF REGISTRATION OF DESIGN 34 Reminder to extend period of registration 35 Application to extend period of registration 35A Notice of non-compliance 35B Removal of registered design from Register
PART V REGISTRABLE TRANSACTIONS 36 Particulars of transactions to be entered in Register 37 Application for registration of particulars of transactions 38 Cancellation of claim to be mortgagee or licensee
PART VI SURRENDER AND REVOCATION OF REGISTRATION OF DESIGN 39 Notice of surrender of registration 40 Application for revocation 41 Counter-statement 42 Evidence in support of application 43 Evidence in support of counter-statement 44 Evidence in reply 45 Further evidence 46 Directions on subsequent procedure 47 Exhibits 47A Pre-hearing review 48 Revocation hearing 49 Notice of decision 49A Extension of time in revocation proceedings 49B Costs in uncontested revocations 49C Intervention by third parties 50 Reference to Court 51 Service on Registrar of applications to Court
PART VII EVIDENCE AND PROCEDURE 52 Right of affected party to be heard 53 Hearing before Registrar to be in public 54 Evidence in proceedings before Registrar 55 Statutory declarations 56 Notice of seal of officer taking declaration
PART VIIA COSTS 56A Application for costs 56B Taxation of costs 56C Taxation proceedings 56D Scale of costs 56E Certificate
PART VIII EXTENSION OF TIME 57 Request for extension of time 58 Where non-compliance with time caused by Registry
PART VIIIA ELECTRONIC ONLINE SYSTEM 58A Establishment of electronic online system 58B Registration of account holder 58C Identification name and authentication code 58D Obligation to inform Registrar of change of particulars 58E Security measures 58F Duty of person carrying out electronic filing 58G Cancellation of registration as account holder
PART IX MISCELLANEOUS PROVISIONS 59 Hours of business and excluded days 60 Extension of period where interruption in postal service, etc. 60A Case management conference 60B Registrar’s power to require documents, information or evidence 60C Address altered by public authority 60D Application to Court 61 Publication and sale of documents 62 Filing of court orders, declarations and certificates 63 Security for costs 64 Transliteration and translation 65 Amendment of documents and rectification of irregularities 66 Application to change name or address 66A Designs Journal
PART X TRANSITIONAL PROVISIONS 67 Extension of registration of relevant design after initial period 67A 68 Right to information
FIRST SCHEDULE FEES
SECOND SCHEDULE
THIRD SCHEDULE CLASSIFICATION OF ARTICLES
FOURTH SCHEDULE
Actual Provisions
REGISTERED DESIGNS ACT
(CHAPTER 266, SECTION 74)
REGISTERED DESIGNS RULES
[13th November 2000]
Citation
1.—These Rules may be cited as the Registered Designs Rules.
Definitions
2.—(1) In these Rules, unless the context otherwise requires —
"account holder" means a person registered as an account holder by the Registrar under rule 58B;
"authentication code" means an identification or identifying code, a password or any other authentication method or procedure that may be assigned to an account holder by the Registrar under rule 58C;
"Designs Journal" means the journal by that name published under rule 66A;
"electronic online system" means the electronic online system established under rule 58A;
"identification name" means an identification name assigned to an account holder by the Registrar under rule 58C;
"statement of novelty" means a statement made under rule 15;
"textile article" means textile or plastics piece goods, handkerchiefs, shawls or such other class of articles of a similar character as the Registrar may, from time to time, decide, for which the protection required is limited to features of pattern and ornament only.
(2) For the purposes of this Part —
(a) “initial period of registration”, in relation to a relevant design;
(b) “relevant design”;
(c) “UK Act”; and
(d) “UK Register”,
have the meanings given to these expressions in paragraph 1 of the Schedule to the Act.
(3) Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.
(4) Any period of time fixed by these Rules or by any decision, direction or other document issued by the Registrar for the doing of any act shall be reckoned in accordance with paragraphs (5), (6) and (7).
(5) Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date.
(6) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(7) Where the act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
Fees
3.—(1) The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters set out in that Schedule.
(2) The fees shall be paid by such means and in such manner as the Registrar may direct.
Filing of documents
3A.—(1) The Registrar may refuse to accept or process any document filed at the Registry which is not filed using the electronic online system that fails to comply with the Act.
(2) Every document filed at the Registry shall —
(a) be in English; or
(b) where the document is not in English, be accompanied by an English translation of the document.
(3) Every document filed at the Registry shall —
(a) be filed using durable paper; and
(b) be in writing that is legible and permanent.
(4) Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar shall give the applicant a notice stating the manner in which the document does not comply with paragraph (2) or (3), as the case may be.
(5) Where any document filed at the Registry is a copy, the Registrar may —
(a) decide whether to accept or process the document; and
(b) require the original to be filed with the Registry.
(6) The Registrar may require the filing of a hard copy of any document filed using the electronic online system.
Forms
4.—(1) The Registrar shall publish in the Designs Journal —
(a) the forms to be used for any purpose relating to the registration of a design or any other proceedings before the Registrar under the Act;
(b) the Registrar's directions relating to the use of any form; and
REGISTERED DESIGNS RULES
History
G.N. NO.S 504/2000
->
R1 2002 REVISED EDITION
[13th November 2000]
Arrangement of Provisions
1 Citation 2 Definitions 3 Fees 3A Filing of documents 4 Forms 4A Size of documents 5 Signature on documents 6 Service of documents 7 Address for service 8 Agents
PART II REGISTRATION OF DESIGNS DIVISION 1 — REGISTRABILITY OF DESIGNS 9 Designs excluded from registration 10 Registration of design consisting of arms, etc. 11 Persons living or recently dead 12 Industrial application of designs DIVISION 2 — APPLICATION FOR REGISTRATION 13 Application for registration of design 14 Representations of design 15 Statement of novelty 16 Prescribed case under section 5 (3) of Act 17 Statement relating to confidential disclosure 18 Statement relating to previous registration of design in respect of other articles, etc. 19 Claim to priority 20 Samples 21 Specimens 22 Multiple applications 23 Withdrawal of application 24 Amendment of application 25 Reinstatement of application
DIVISION 3 — MISCELLANEOUS 26 Classification 27 Formal requirements 28 Publication of notice of registration 29 Designs relevant for defence purposes 30 Information and inspection of documents
PART III REGISTER 31 Entry in Register of particulars of registered design 32 Certificates and copies 33 Correction of Register
PART IV EXTENSION OF PERIOD OF REGISTRATION OF DESIGN 34 Reminder to extend period of registration 35 Application to extend period of registration 35A Notice of non-compliance 35B Removal of registered design from Register
PART V REGISTRABLE TRANSACTIONS 36 Particulars of transactions to be entered in Register 37 Application for registration of particulars of transactions 38 Cancellation of claim to be mortgagee or licensee
PART VI SURRENDER AND REVOCATION OF REGISTRATION OF DESIGN 39 Notice of surrender of registration 40 Application for revocation 41 Counter-statement 42 Evidence in support of application 43 Evidence in support of counter-statement 44 Evidence in reply 45 Further evidence 46 Directions on subsequent procedure 47 Exhibits 47A Pre-hearing review 48 Revocation hearing 49 Notice of decision 49A Extension of time in revocation proceedings 49B Costs in uncontested revocations 49C Intervention by third parties 50 Reference to Court 51 Service on Registrar of applications to Court
PART VII EVIDENCE AND PROCEDURE 52 Right of affected party to be heard 53 Hearing before Registrar to be in public 54 Evidence in proceedings before Registrar 55 Statutory declarations 56 Notice of seal of officer taking declaration
PART VIIA COSTS 56A Application for costs 56B Taxation of costs 56C Taxation proceedings 56D Scale of costs 56E Certificate
PART VIII EXTENSION OF TIME 57 Request for extension of time 58 Where non-compliance with time caused by Registry
PART VIIIA ELECTRONIC ONLINE SYSTEM 58A Establishment of electronic online system 58B Registration of account holder 58C Identification name and authentication code 58D Obligation to inform Registrar of change of particulars 58E Security measures 58F Duty of person carrying out electronic filing 58G Cancellation of registration as account holder
PART IX MISCELLANEOUS PROVISIONS 59 Hours of business and excluded days 60 Extension of period where interruption in postal service, etc. 60A Case management conference 60B Registrar’s power to require documents, information or evidence 60C Address altered by public authority 60D Application to Court 61 Publication and sale of documents 62 Filing of court orders, declarations and certificates 63 Security for costs 64 Transliteration and translation 65 Amendment of documents and rectification of irregularities 66 Application to change name or address 66A Designs Journal
PART X TRANSITIONAL PROVISIONS 67 Extension of registration of relevant design after initial period 67A 68 Right to information
FIRST SCHEDULE FEES
SECOND SCHEDULE
THIRD SCHEDULE CLASSIFICATION OF ARTICLES
FOURTH SCHEDULE
Actual Provisions
REGISTERED DESIGNS ACT
(CHAPTER 266, SECTION 74)
REGISTERED DESIGNS RULES
[13th November 2000]
Citation
1.—These Rules may be cited as the Registered Designs Rules.
Definitions
2.—(1) In these Rules, unless the context otherwise requires —
"account holder" means a person registered as an account holder by the Registrar under rule 58B;
"authentication code" means an identification or identifying code, a password or any other authentication method or procedure that may be assigned to an account holder by the Registrar under rule 58C;
"Designs Journal" means the journal by that name published under rule 66A;
"electronic online system" means the electronic online system established under rule 58A;
"identification name" means an identification name assigned to an account holder by the Registrar under rule 58C;
"statement of novelty" means a statement made under rule 15;
"textile article" means textile or plastics piece goods, handkerchiefs, shawls or such other class of articles of a similar character as the Registrar may, from time to time, decide, for which the protection required is limited to features of pattern and ornament only.
(2) For the purposes of this Part —
(a) “initial period of registration”, in relation to a relevant design;
(b) “relevant design”;
(c) “UK Act”; and
(d) “UK Register”,
have the meanings given to these expressions in paragraph 1 of the Schedule to the Act.
(3) Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.
(4) Any period of time fixed by these Rules or by any decision, direction or other document issued by the Registrar for the doing of any act shall be reckoned in accordance with paragraphs (5), (6) and (7).
(5) Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date.
(6) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(7) Where the act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
Fees
3.—(1) The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters set out in that Schedule.
(2) The fees shall be paid by such means and in such manner as the Registrar may direct.
Filing of documents
3A.—(1) The Registrar may refuse to accept or process any document filed at the Registry which is not filed using the electronic online system that fails to comply with the Act.
(2) Every document filed at the Registry shall —
(a) be in English; or
(b) where the document is not in English, be accompanied by an English translation of the document.
(3) Every document filed at the Registry shall —
(a) be filed using durable paper; and
(b) be in writing that is legible and permanent.
(4) Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar shall give the applicant a notice stating the manner in which the document does not comply with paragraph (2) or (3), as the case may be.
(5) Where any document filed at the Registry is a copy, the Registrar may —
(a) decide whether to accept or process the document; and
(b) require the original to be filed with the Registry.
(6) The Registrar may require the filing of a hard copy of any document filed using the electronic online system.
Forms
4.—(1) The Registrar shall publish in the Designs Journal —
(a) the forms to be used for any purpose relating to the registration of a design or any other proceedings before the Registrar under the Act;
(b) the Registrar's directions relating to the use of any form; and
History
G.N. NO.S 504/2000
->
R1 2002 REVISED EDITION
[13th November 2000]
Arrangement of Provisions
1 Citation 2 Definitions 3 Fees 3A Filing of documents 4 Forms 4A Size of documents 5 Signature on documents 6 Service of documents 7 Address for service 8 Agents
PART II REGISTRATION OF DESIGNS DIVISION 1 — REGISTRABILITY OF DESIGNS 9 Designs excluded from registration 10 Registration of design consisting of arms, etc. 11 Persons living or recently dead 12 Industrial application of designs DIVISION 2 — APPLICATION FOR REGISTRATION 13 Application for registration of design 14 Representations of design 15 Statement of novelty 16 Prescribed case under section 5 (3) of Act 17 Statement relating to confidential disclosure 18 Statement relating to previous registration of design in respect of other articles, etc. 19 Claim to priority 20 Samples 21 Specimens 22 Multiple applications 23 Withdrawal of application 24 Amendment of application 25 Reinstatement of application
DIVISION 3 — MISCELLANEOUS 26 Classification 27 Formal requirements 28 Publication of notice of registration 29 Designs relevant for defence purposes 30 Information and inspection of documents
PART III REGISTER 31 Entry in Register of particulars of registered design 32 Certificates and copies 33 Correction of Register
PART IV EXTENSION OF PERIOD OF REGISTRATION OF DESIGN 34 Reminder to extend period of registration 35 Application to extend period of registration 35A Notice of non-compliance 35B Removal of registered design from Register
PART V REGISTRABLE TRANSACTIONS 36 Particulars of transactions to be entered in Register 37 Application for registration of particulars of transactions 38 Cancellation of claim to be mortgagee or licensee
PART VI SURRENDER AND REVOCATION OF REGISTRATION OF DESIGN 39 Notice of surrender of registration 40 Application for revocation 41 Counter-statement 42 Evidence in support of application 43 Evidence in support of counter-statement 44 Evidence in reply 45 Further evidence 46 Directions on subsequent procedure 47 Exhibits 47A Pre-hearing review 48 Revocation hearing 49 Notice of decision 49A Extension of time in revocation proceedings 49B Costs in uncontested revocations 49C Intervention by third parties 50 Reference to Court 51 Service on Registrar of applications to Court
PART VII EVIDENCE AND PROCEDURE 52 Right of affected party to be heard 53 Hearing before Registrar to be in public 54 Evidence in proceedings before Registrar 55 Statutory declarations 56 Notice of seal of officer taking declaration
PART VIIA COSTS 56A Application for costs 56B Taxation of costs 56C Taxation proceedings 56D Scale of costs 56E Certificate
PART VIII EXTENSION OF TIME 57 Request for extension of time 58 Where non-compliance with time caused by Registry
PART VIIIA ELECTRONIC ONLINE SYSTEM 58A Establishment of electronic online system 58B Registration of account holder 58C Identification name and authentication code 58D Obligation to inform Registrar of change of particulars 58E Security measures 58F Duty of person carrying out electronic filing 58G Cancellation of registration as account holder
PART IX MISCELLANEOUS PROVISIONS 59 Hours of business and excluded days 60 Extension of period where interruption in postal service, etc. 60A Case management conference 60B Registrar’s power to require documents, information or evidence 60C Address altered by public authority 60D Application to Court 61 Publication and sale of documents 62 Filing of court orders, declarations and certificates 63 Security for costs 64 Transliteration and translation 65 Amendment of documents and rectification of irregularities 66 Application to change name or address 66A Designs Journal
PART X TRANSITIONAL PROVISIONS 67 Extension of registration of relevant design after initial period 67A 68 Right to information
FIRST SCHEDULE FEES
SECOND SCHEDULE
THIRD SCHEDULE CLASSIFICATION OF ARTICLES
FOURTH SCHEDULE Actual Provisions [13th November 2000]
Citation
1.—These Rules may be cited as the Registered Designs Rules.
Definitions
2.—(1) In these Rules, unless the context otherwise requires —
"account holder" means a person registered as an account holder by the Registrar under rule 58B;
"authentication code" means an identification or identifying code, a password or any other authentication method or procedure that may be assigned to an account holder by the Registrar under rule 58C;
"Designs Journal" means the journal by that name published under rule 66A;
"electronic online system" means the electronic online system established under rule 58A;
"identification name" means an identification name assigned to an account holder by the Registrar under rule 58C;
"statement of novelty" means a statement made under rule 15;
"textile article" means textile or plastics piece goods, handkerchiefs, shawls or such other class of articles of a similar character as the Registrar may, from time to time, decide, for which the protection required is limited to features of pattern and ornament only.
(2) For the purposes of this Part —
(a) “initial period of registration”, in relation to a relevant design;
(b) “relevant design”;
(c) “UK Act”; and
(d) “UK Register”,
have the meanings given to these expressions in paragraph 1 of the Schedule to the Act.
(3) Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.
(4) Any period of time fixed by these Rules or by any decision, direction or other document issued by the Registrar for the doing of any act shall be reckoned in accordance with paragraphs (5), (6) and (7).
(5) Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date.
(6) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(7) Where the act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
Fees
3.—(1) The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters set out in that Schedule.
(2) The fees shall be paid by such means and in such manner as the Registrar may direct.
Filing of documents
3A.—(1) The Registrar may refuse to accept or process any document filed at the Registry which is not filed using the electronic online system that fails to comply with the Act.
(2) Every document filed at the Registry shall —
(a) be in English; or
(b) where the document is not in English, be accompanied by an English translation of the document.
(3) Every document filed at the Registry shall —
(a) be filed using durable paper; and
(b) be in writing that is legible and permanent.
(4) Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar shall give the applicant a notice stating the manner in which the document does not comply with paragraph (2) or (3), as the case may be.
(5) Where any document filed at the Registry is a copy, the Registrar may —
(a) decide whether to accept or process the document; and
(b) require the original to be filed with the Registry.
(6) The Registrar may require the filing of a hard copy of any document filed using the electronic online system.
Forms
4.—(1) The Registrar shall publish in the Designs Journal —
(a) the forms to be used for any purpose relating to the registration of a design or any other proceedings before the Registrar under the Act;
(b) the Registrar's directions relating to the use of any form; and
REGISTERED DESIGNS ACT
(CHAPTER 266, SECTION 74)
REGISTERED DESIGNS RULES