EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 240
Issued by the Authority of the Minister of State for Industry, Technology and Commerce
The Statutory Rules amend the Designs Regulations to make administrative amendments to the regulations concerned with an application for a hearing, certified copies of all or any of the particulars comprising the Register of Designs and the order of examining applications to register a design. In addition, the Statutory Rules will insert a new provision for advertisement, in the Official Journal, of withdrawal of an application to register a design under section 20A of the Designs Act 1906 (the Act). Details of the amendments are as follows:
Regulation 1 provides for these Regulations to commence on 18 July 1990.
Regulation 2 cites the Designs Regulations as the “Principal Regulations”.
Regulation 3 inserts new regulation 7AA to provide for the advertisement in the Official Journal of the withdrawal of an application for the registration of a design under section 20A of the Act.
Regulation 4 amends existing regulation 10 by adding new subregulations 10(2) and (3). New subregulation 10(2) allows the Registrar, if it is warranted in the circumstances, for any reason, to expedite consideration of an application to register a design even if an application for expedited consideration has not been made. New subregulation 10(3) allows the Registrar to consider the expedited application whenever it is appropriate to do so.
Regulation 5 omits subregulations 17(1) and (3) and substitutes new subregulations 17(1), (1A), (3) and (3A). New subregulation 17(1) provides that an applicant who has received notice under existing regulation 14 may inform the Registrar that he or she desires to be heard in relation to a matter referred to in the notice. New subregulation 17(1A) provides that an applicant who has received further notice under existing regulation 16 must inform the Registrar whether or not he or she desires to be heard in relation to a matter to which the further notice relates. New subregulation 17(3) provides for the lapsing of an application, and advertisement in the Official Journal, if the applicant indicates that he or she does not wish to be heard or if he or she fails to notify the Registrar, under new subregulation 17(1A), that he or she wishes to be heard. New subregulation 17(3A) provides that if an applicant fails to appear at a hearing and the Registrar decides to refuse to register the design, the Registrar must inform the applicant of that refusal.
Regulation 6 repeals regulation 55 of the Designs Regulations consequential to the introduction of a general mechanism for extending the time for doing an act under the Designs Act.
Regulation 7 amends existing regulation 57 by adding new subregulation 57(2) which provides that if the Register is wholly or partly kept by use of a computer, a document signed by the Registrar and reproducing in writing all or any of the particulars comprising the Register, or that part of it, is admissable in any proceedings as prima facie evidence of those particulars.