The Regulatory Reform (Registered Designs) Order 2006

Statutory Instrument 2006 No. 1974

The Regulatory Reform (Registered Designs) Order 2006

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STATUTORY INSTRUMENTS

2006 No. 1974

REGULATORY REFORM

DESIGNS

The Regulatory Reform (Registered Designs) Order 2006

	Made	26th July 2006
	Coming into force	1st October 2006

(b) following that consultation, considered it appropriate to proceed with the making of this Order;

(c) laid a document containing his proposals before Parliament as required by section 6 of the Regulatory Reform Act 2001 and the period for Parliamentary consideration under section 8 of that Act has expired;

(d) had regard to the representations made during this period, in particular the Seventeenth Report of Session 2005-6 of the Delegated Powers and Regulatory Reform Committee of the House of Lords[3] and the Fifth Report of Session 2005-6 of the Regulatory Reform Committee of the House of Commons[4];

(e) laid a draft of this Order before Parliament with a statement giving details of those representations and the changes he has made to his proposals in light of them;

(f) reached the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise.

     The draft of this Order has been approved by a resolution of each House of Parliament pursuant to section 4(2) of the Regulatory Reform Act 2001.

     Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001:

Introductory
     1. —(1) This Order may be cited as the Regulatory Reform (Registered Designs) Order 2006 and it shall come into force on 1st October 2006.

    (2) This Order extends to England and Wales, Scotland and Northern Ireland.

     2. The Registered Designs Act 1949[5] shall be amended as follows.

Substantive examination for novelty
     3. Section 1A (substantive grounds for refusal of registration) shall be omitted.

     4. In section 3 (applications for registration), subsection (4) shall be omitted.

     5. In section 3A (determination of applications for registration), for subsection (4) there shall be substituted—

" (4) If it appears to the registrar that the application for registration includes—

he shall refuse to register that thing or that design.".

     6. In section 3B (modification of applications for registration), in subsection (4), for "section 1A(1)(b) or (c)" there shall be substituted "section 3A(4)(b) or (c)".

     7. —(1) Section 11ZA (grounds for invalidity of registration) shall be amended as follows.

    (2) In subsection (1), for "on any of the grounds mentioned in section 1A of this Act." there shall be substituted—

(3) After subsection (1), there shall be inserted—

" (1A) The registration of a design ("the later design") may be declared invalid if it is not new or does not have individual character when compared to a design which—

(1B) In subsection (1A) "the relevant date" means the date on which the application for the registration of the later design was made or is treated by virtue of section 3B(2), (3) or (5) or 14(2) of this Act as having been made.".