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Registered Designs Act 1949
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Changes over time for: Section 44
Version Superseded: 06/04/2015
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Registered Designs Act 1949, Section 44 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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44 Interpretation.U.K.
(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned by them, that is to say
F1[F2 “ Appeal Tribunal ” means the Appeal Tribunal constituted and acting in accordance with section 28 of this Act as amended by the M1 Administration of Justice Act 1969; ]
F3. . .
F3. . .
“assignee” includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person;
[F4 “ author ”in relation to a design, has the meaning given by section 2(3) and (4); ]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
F3. . .
[F2 “ the court ” shall be construed in accordance with section 27 of this Act; ]
[F6 “Community Design Regulation” means Council Regulation ( EC ) 6/2002 of 12th December 2001 on Community Designs ; ]
[F7“complex product” has the meaning assigned to it by section 1(3) of this Act;]
“design” has the meaning assigned to it by [F8[F9section 1(2)] of this Act];
[F10“electronic communication” has the same meaning as in the Electronic Communications Act 2000;]
[F11 “ employee ”, “ employment ”, and “ employer ” refer to employment under a contract of service or of apprenticeship, ]
[F7“national unregistered design right” means design right within the meaning of Part III of the Copyright, Designs and Patents Act 1988;]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
“prescribed” means prescribed by rules made by [F13the Secretary of State] under this Act;
[F7“product” has the meaning assigned to it by section 1(3) of this Act;]
“proprietor” has the meaning assigned to it by section two of this Act;
[F6“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;]
“registered proprietor” means the person or persons for the time being entered in the register of designs as proprietor of the design;
“registrar” means the Comptroller-General of Patents Designs and Trade Marks;
F3. . .
F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of subsection (1) of [F15section 14 of this Act], the expression “personal representative”, in relation to a deceased person, includes the legal representative of the deceased appointed in any country outside the United Kingdom.
Subordinate Legislation Made
P1S. 44: power previously exercised by 1989/1105, 1131 and 1990/1698
P2S. 44(1): s. 36 (with ss. 40 and 44(1)) power exercised by S.I. 1991/1628
Textual Amendments
F1Definition substituted by Administration of Justice Act 1969 (c. 58) Sch. 1
F2Definition substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(6)
F3S. 44: definitions of“article”,“artistic work”,“corresponding design” and“set of articles” repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)
F4Definition inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(3)
F5Definition of “copyright” repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 31(4), Sch. 8
F6Words in s. 44(1) inserted (1.4.2003) by Registered Designs Regulations 2003 (S.I. 2003/550), regs. 1(1), 2(5) (with regs. 3-5)
F7S. 44(1): definitions of“complex product”,“national unregistered design right” and“product” inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(3) (with transitional provisions in regs. 10-14)
F8Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(7)
F9S. 44(1): words in the definition of“design” substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(2) (with transitional provisions in regs. 10-14)
F10Words in s. 44(1) inserted (1.10.2006) by Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229), arts. 1, 3
F11Definition inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(8)
F12Definition of “Journal” repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 31(9), Sch. 8
F13Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(10)
F14S. 44(2)(3) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)
F15Words in s. 44(4) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(4) (with transitional provisions in regs. 10-14)
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