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The Registered Designs (Amendment) Rules 2001

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Changes over time for: Section 28

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The Registered Designs (Amendment) Rules 2001, Section 28 is up to date with all changes known to be in force on or before 17 May 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. Help about Changes to Legislation

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Changes and effects yet to be applied to Article 28:

28.—(1) This rule applies to any registration under the Registered Designs Act 1949 which—

(a)results from the determination of a pending application (within the meaning of rule 27) (“transitional registration”); or

(b)has resulted from an application made before the coming into force of these Rules which has given rise to a right in a registered design which is in force at the coming into force of these Rules (“existing registration”) including—

(i)any registration which has ceased to fall within sub-paragraph (a) of paragraph (1) of rule 29 below because the right in the registered design has been treated or restored as mentioned in sub-paragraph (ii) of that sub-paragraph; and

(ii)any registration which has ceased to fall within sub-paragraph (b) of paragraph (1) of rule 29 below because the copyright in the registered design has come back into force by virtue of an extension of the period of copyright under section 8(2) of the Registered Designs Act 1949 as amended by regulation 13(8) of the Registered Designs Regulations 2001 M1.

(2) Subject to paragraph (3), the amendments and revocations made by rules 3, 13 to 14, 17 to 19, 21 and 23 of these Rules and the substitution of a new Designs Form 19A made by rule 26 of these Rules shall not apply in relation to transitional or existing registrations.

(3) The amendments, revocations and substitution mentioned in paragraph (2) above shall apply in relation to transitional and existing registrations in so far as such amendments, revocations and substitution relate to applications for the grant of a compulsory licence under section 10 of the Registered Designs Act 1949 or for cancellation of the registration of a design under section 11(3) of that Act (in each case as that Act has effect immediately before the coming into force of the Registered Designs Regulations 2001) unless such cancellation is by reference to an expiry of copyright occurring before the coming into force of these Rules.

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