ORGANIZACION MUNDIAL 
DEL COMERCIO 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio IP/N/I/GBR/D/l 
25 de abril de 1996 
(96-1563) 
Original: ingles 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PA.RRAFO 2 DEL 
ARTICULO 63 DEL ACUERDO 
Reino Unido 
En el presente documento se reproduce la Ley de Dibujos y Modelos Registrados de 19491, 
notificada por el Reino Unido en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/N/1/GBRlI). 
La delegacion del Reino Unido ha notificado la Ley de Derecho de Autor, Dibujos y Modelos 
y Patentes de 1988 por ser tambien pertinente a la proteccion de los dibujos y modelos industriales 
(vease el documento IP/N/1/GBRlC/I). 
1 En ingles solamente. IP/NIlIGBRlDI 1 
Page 2 
Statutes in Force 
Official Revised Edition 
Registered Designs 
Act 1949 
(12, 13 and 14 Geo. 6 c. 88) 
Revised to 30th April 1979 
BY AUTHORITY 
LONDON 
HER MAJESTY'S STATIONERY OFFICE I ntel1ectual 
Property: 67 A 
ABC 67A:-:6 IP/NIlIGBRlDI 1 
Page 3 
REGISTERED DESIGNS ACT 1949 (c. 88) 
ARRANGEMENT OF SECTIONS 
Registrable'designs and proceedings for registration 
Section 
I, Designs registrable under Act. 
2. Proprietorship of designs. 
3. Proceedings for registration. 
4. Registration of same design in respect of other articles, etc. 
5. Provisions for secrecy of certain designs. 
6. Provisions as to confidential disclosure, etc. 
Effect of registration, etc, 
7. Right given by registration. 
8. Period of copyright. 
9. Exemption of innocent infringer from liability for damages. 
10. Compulsory licence in respect of registered design. 
11. Cancellation of registration. 
12. Use for services of the Crown. 
International Arrangements 
13. Orders in Council as to convention countries. 
14. Registration of design where application for protection in 
convention country had been made. 
15. Extension of time for applications under s. 14 in certain 
cases. 
16. Protection of designs communicated under international 
agreements. 
Register of designs, etc. 
17. Register of designs. 
18. Certificate of registration. 
19. Registration of assignments, etc. 
20. Rectification of register. 
21. Power to correct clerical errors. 
22. Inspection of registered designs. IP/N/1/GBRlDIl 
Page 4 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Section 
23. Information as to existence of copyright. 
24. Evidence of entries, documents, etc. 
Legal proceedings and Appeals 
25. Certificate of contested validity of registration. 
26. Remedy for groundless threats of infringement 
proceedings. 
27. The Court. 
28. The Appeal Tribunal. 
Powers and Duties of Registrar 
29. Exercise of discretionary powers of registrar. 
30. Costs and security for costs. 
31. Evidence before registrar. 
32. Power of registrar to refuse to deal with certain agents. 
Offences 
33. Offences under s. 5. 
34. Falsification of register, etc. 
35. Fine for falsely representing a design as registered. 
Rules, etc. 
36. General power of Boar<;i of Trade to make rules, etc. 
37. Provisions as to rules and Orders. 
38. Proceedings of Board of Trade. 
Supplemental 
39. Hours of business and excluded days. 
40. Fees. 
41. Service of notices, etc., by post. 
42. Annual report of registrar. 
43. Savings. 
44. Interpretation. Section IP IN I l/GBRlDI 1 
Page 5 
REGISTERED DESIGNS ACT 1949 (c. 88) 
45. Application to Scotland. 
46. Application to Northern Ireland. 
47. Isle of Man. 
48. Repeals, savings and transitional provisions. 
49. Short title and commencement. 
SCHEDULES: 
First Schedule.-Provisions as to the use of Registered 
Designs for the services of the 
Crown and as to Rights of Third 
Parties in respect of such use. IP/NIlIGBRlDI 1 
Page 6 
REGISTERED DESIGNS ACT 1949 (c. 88) 
An Act to consolidate certain enactments relating to 
registered designs. [16th December 1949] 
Functions of Board of Trade and of President of Board of Trade now exercisable concurrently 
by Secretary of State: S.I. 1970/1537, art. 2(1) 
Registrable designs and proceedings for registration 
1.-( 1) Subject to the following provisions of this section, a design 
may, upon application made by the person claiming to be the 
proprietor, be registered under this Act in respect of any article or 
set of articles specified in the application. 
(2) Subject to the provisions of this Act, a design shall not be 
registered thereunder unless it is new or original and in particular 
shall not be so registered in respect of any article if it is the same as a 
design which before the date of the application for registration has 
been registered or published in the United Kingdom in respect of the 
same or any other article or differs from such a design only in 
immaterial details or in features which are variants commonly used 
in the trade. 
(3) In this Act the expression "design" means features of shape, 
configuration, pattern or ornament applied to an article by any 
industrial process or means, being features which in the finished 
article appeal to and are judged solely by the eye, but does not 
include a method or principle of construction or features of shape or 
configuration which are dictated solely by the function which the 
article to be made in that shape or configuration has to perform. 
(4) Rules made by the Board of Trade under this Act may provide 
for excluding from registration thereunder designs for such articles, 
being articles which are primarily literary or artistic in character, as 
the Board think fit. Ss. J, 2 
Designs 
registrable 
under Act. 
2.-( 1) Subject to the provisions of this section, the author of a Proprietorship 
design shall be treated for the purposes of this Act as the proprietor of designs. 
of the design: 
Provided that where the design is executed by the author 
for another person for good consideration, that other person 
shall be trea ted for the purposes of this Act as the proprietor. 
(2) Where a design, or the right to apply a design to any article, 
becomes vested, whether by assignment, transmission or operation 
of law, in any person other than the original proprietor, either alone 
or jointly with the original proprietor, that other person, or as the 
case may be the original proprietor and that other person, shall be 
treated for the purposes of this Act as the proprietor of the design or 
as the proprietor of the design in relation to that article. IP IN I lIGBRlDI 1 
Page 7 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 3, 4 
Proceedings for 3.-( 1) An application for the registration of a design shall be made 
registration. in the prescribed form and shall be filed at the Patent Office in the 
prescribed manner. 
Registration of 
same design in 
respect of other 
articles, etc. (2) For the purpose of deciding whether a design is new or original, 
the registrar may make such searches, if any, as he thinks fit. 
(3) The registrar may refuse any application for the registration of 
a design or may register the design in pursuance of the application 
subject to such modifications, if any, as he thinks fit. 
(4) An application which, owing to any default or neglect on the 
part of the applicant, has not been completed so as to enable 
registration to be effected within such time as may be prescribed 
shall be deemed to be abandoned. 
(5) Except as otherwise expressly provided by this Act, a design 
when registered shall be registered as of the date on which the 
application for registration was made, or such other date (whether 
earlier or later than that date) as the registrar may in any particular 
case direct: 
Provided that no proceedings shall be taken in respect of any 
infringement committed before the date on which the certificate of 
registration of the design under this Act is issued. 
(6) An appeal shall lie from any decision of the registrar under 
subsection (3) of this section. 
4.-( 1) Where the registered proprietor of a design registered in 
respect of any article makes an application-
(a) for registration in respect of one or more other articles, of 
the registered design, or 
(b) for registration in respect of the same or one or more other 
articles, of a design consisting of the registered design 
with modifications or variations not sufficient to alter the 
character or substantially to affect the identity thereof, 
the application shall not be refused and the registration made on that 
application shall not be invalidated by reason only of the previous 
registration or publication of the registered design: 
Provided that the period of copyright in a design registered 
by virtue of this section shall not extend beyond the expiration 
of the original and any extended period of copyright in the 
original registered design. 
(2) Where any person makes an application for the registration of a 
design in respect of any article and either-
(aJ that design has been previously registered by another per­
son in respect of some other article; or IP/N/lIGBRlD/l 
Page 8 
REGISTERED DESIGNS ACT 1949 (c. 88) 
(b) the design to which the application relates consists of a 
design previously registered by another person in respect 
of the same or some other article with modifications or 
variations not sufficient to alter the character or substan­
tially to affect the identity thereof, 
then, if at any time while the application is pending the applicant 
becomes the registered proprietor of the design previously regis­
tered, the foregoing provisions of this section shall apply as if at the 
time of making the application the applicant had been the registered 
proprietor of that design. Ss. 4, 5 
5.-( 1) Where, either before or after the commencement of this Provisions for 
Act, an application for the registration of a design has been made, secrecy of 
and it appears to the registrar that the design is one of a class notified certain designs. 
to him by a competent authority as relevant for defence purposes, he 
may give directions for prohibiting or restricting the publication of 
information with respect to the design, or the communication of such 
information to any person or class of persons specified in the directions. 
(2) Rules shall be made by the Board of Trade under this Act for 
securing that the representation or specimen of a design in the case 
of which directions are given under this section shall not be open to 
inspection at the Patent Office during the continuance in force of the 
directions. 
(3) Where the registrar gives any such directions as aforesaid, he 
shall give notice of the application and of the directions to a 
competent authority, and thereupon the following provisions shall 
have effect, that is to say:-
(a) the competent authority shall, upon receipt of such notice, 
consider whether the publication of the design would be 
prejudicial to the defence of the realm and unless a notice 
under paragraph (c) of this subsection has previously been 
given by that authority to the registrar, shall reconsider that 
question before the expiration of nine months from the date 
of filing of the application for registration of the design and 
at least once in every subsequent year; 
(b) for the purpose aforesaid, the competent authority may, at 
any time after the design has been registered or, with the 
consent of the applicant, at any time before the design has 
been registered, inspect the representation or specimen of 
the design filed in pursuance of the application; 
(c) if upon consideration of the design at any time it appears to 
the competent authority that the publication of the design 
would not, or would no longer, be prejudicial to the 
defence of the realm, that authority shall give notice to the 
registrar to that effect; IP/N/lIGBRlD/l 
Page 9 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 5, 6 
Provisions as to 
confidential 
disclosure, etc. (d) on the receipt of any such notice the registrar shall revoke 
the directions and may, subject to such conditions, if any, 
as he thinks fit, extend the time for doing anything required 
or authorised to be done by or under this Act in connection 
with the application or registration, whether or not that 
time has previously expired. 
(4) No person resident in the United Kingdom shall, except under 
the authority of a written permit granted by or on behalf of the 
registrar, make or cause to be made any application outside the 
United Kingdom for the registration of a design of any class 
prescribed for the purposes of this subsection unless-
(a) an application for registration of the same design has been 
made in the United Kingdom not less than six weeks before 
the application outside the United Kingdom; and 
(b) either no directions have been given under subsection (1) of 
this section in relation to the application in the United 
Kingdom or all such directions have been revoked: 
Provided that this subsection shall not apply in relation to a 
design for which an application for protection has first been 
filed in a country outside the United Kingdom by a person 
resident outside the United Kingdom. 
(5) In this section the expression "competent authority" means a 
Secretary of State, the Admiralty or the Minister of Supply. 
Reference to Admiralty to be construed as reference to Secretary ofS[ate: Defence (Transfer uf 
Functions) Act /964 (c. /5). ss. /(21.3(2) 
6.-( 1) An application for the registration of a design shall not be 
refused, and the registration of a design shall not be invalidated, by 
reason only of-
(a) the disclosure of the design by the proprietor to any other 
person in such circumstances as would make it contrary to 
good faith for that other person to use or publish the design; 
(b) the disclosure of the design in breach of good faith by any 
person other than the proprietor of the design; or 
(e) in the case of a new or original textile design intended for 
registration, the acceptance of a first and confidential order 
for goods bearing the design. 
(2) An application for the registration of a design shall not be 
refused and the registration of a design shall not be invalidated by 
reason only-
(a) that a representation of the design, or any article to which 
the design has been applied, has been displayed, with the 
consent of the proprietor of the design, at an exhibition IP/NIlIGBRJDI 1 
Page 10 
REGISTERED DESIGNS ACT 1949 (c. 88) 
certified by the Board of Trade for the purposes of this 
subsection; 
(b) that after any such display as aforesaid, and during the 
period of the exhibition, a representation of the design or 
any such article as aforesaid has been displayed by any 
person without the consent of the proprietor; or 
(c) that a representation of the design has been published 
in consequence of any such display as is mentioned in 
paragraph (a) of this subsection, 
if the application.for registration of the design is made not later than 
six months after the opening of the exhibition. 
(3) An application for the registration of a design shall not be 
refused, and the registration of a design shall not be invalidated, by 
reason only of the communication of the design by the proprietor 
thereof to a Government department or to any person authorised by 
a Government department to consider the merits of the design, or of 
anything done in consequence of such a communication. Ss. 6, 7 
[le 4) Where copyright under the Copyright Act 1956, subsists in an 1956 c. 74. 
artistic work, and an application is made by, or with the consent of, 
the owner of that copyright for the registration of a corresponding 
design, that design shall not be treated for the purposes of this Act as 
being other than new or original by reason only of any use previously 
made of the artistic work, unless-
(a) the previous use consisted of or included the sale, letting 
for hire, or offer for sale or hire of articles to which the 
-design in question (or a design differing from it only as 
mentioned in subsection (2) of section one of this Act) 
had been applied industrially, other than articles of a 
description specified in rules made under subsection (4) of 
section one of this Act, and 
(b) that previous use was made by, or with the consent of, the 
owner of the copyright in the artistic work. 
(5) Any rules made by virtue of subsection (5) of section ten of the 
Copyright Act 1956 (which relates to rules for determining the 
circumstances in which a design is to be taken to be applied 
industrially) shall apply for the purposes of the last foregoing 
subsection. ] 
Effect of registration, etc. 
7.-( 1) The registration of a design under this Act shall give to the Right given by 
registered proprietor the copyright in the registered design, that is to registration. 
IS. 6(4)(5) inserted by Copyright Act 1956 (c. 74), s. 44(1) IP/N/lIGBRlD/1 
Page 11 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 7, 8 
1947 c. 44. 
Period of 
copyright. 
1956 c. 74. say, the exclusive right in the United Kingdom and the Isle of Man to 
make or import for sale or for use for the purposes of any trade or 
business, or to sell, hire or offer for sale or hire, any article in respect 
of which the design is registered, being an article to which the 
registered design or a design not substantially different from the 
registered design has been applied, and to make anything for enabl­
ing any such article to be made as aforesaid, whether in the United 
Kingdom or the Isle of Man or elsewhere. 
(2) Subject to the provisions of this Act and of subsection (3) of 
section three of the Crown Proceedings Act 1947, the registration of 
a design shall have the same effect against the Crown as it has 
against a subject. 
8.-( 1) Copyright in a registered design shall, subject to the 
provisions of this Act, subsist for a period of five years from the date 
of registration. 
(2) The registrar shall extend the period of copyright for a second 
period of five years from the expiration of the original period and for 
a third period of five years from the expiration of the second period 
if an application for extension of the period of copyright for the 
second or third period is made in the prescribed form before the 
expiration of the original period or the second period, as the case 
may be, and if the prescribed fee is paid before the expiration of the 
relevant period or [lif such application is made and the said fee is 
paid] within such further period (not exceeding [2six months)] as may 
be specified in a request made to the registrar and accompanied by 
the prescribed additional fee. 
[3(3) Where in the case of a registered design it is shown-
(a) that the design, at the time when it was registered, was a 
corresponding design in relation to an artistic work in 
which copyright subsisted under the Copyright Act 1956; 
(b) that, by reason of a previous use of that artistic work, the 
design would not have been registrable under this Act but 
for subsection (4) of section six of this Act; and 
(e) that the copyright in that work under the Copyright Act 
1956, expired before the date of expiry of the copyright in 
the design, 
the copyright in the design shall, notwithstanding anythin-g in this 
section, be deemed to have expired at the same time as the copyright 
in the artistic work, and shall not be renewable after that time.] 
lWords inserted by Patents and Designs (Renewals, Extensions and Fees) Act 
1961 (c. 25), s. 1(2)(3) 
2Words substituted by Patents and Designs (Renewals, Extensions and Fees) Act 
1961 (c. 25), s. 1(1) 
3S. 8(3) added by Copyright Act 1956 (e 74), s. 44(2) IP/NIlIGBRlDI 1 
Page 12 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 9-11 
9.-( 1) I n proceedings for the infringement of copyright in a 
registered design damages shall not be awarded against a defendant 
who proves that at the date of the infringement he was not aware, 
and had no reasonable ground for supposing, that the design was 
registered; and a person shall not be deemed to have been aware or to 
have had reasonable grounds for supposing as aforesaid by reason 
only of the marking of an article with the word "registered" or any 
abbreviation thereof, or any word or words expressing or implying 
that the design applied to the article has been registered, unless the 
number of the design accompanied the word or words or the 
abbreviation in question. 
(2) Nothing in this section shall affect the power of the court to 
grant an injunction in any proceedings for infringement of copyright 
in a registered design. 
10.-(1) At any time after a design has been registered any person 
interested may apply to the registrar for the grant of a compulsory 
licence in respect of the design on the ground that the design is not 
applied in the United Kingdom by any industrial process or means to 
the article in respect of which it is registered to such an extent as is 
reasonable in the circumstances of the case; and the registrar may 
make such order on the application as he thinks fit. 
(2) An order for the grant of a licence shall, without prejudice to 
any other method of enforcement, have effect as if it were a deed 
executed by the registered proprietor and all other necessary parties, 
granting a licence in accordance with the order. 
(3) No order shall be made under this section which would be at 
variance with any treaty, convention, arrangement or engagement 
applying to the United Kingdom and any convention country. 
(4) An appeal shall lie from any order of the registrar under this 
section. 
11.-( 1) The registrar may, upon a request made in the prescribed 
manner by the registered proprietor, cancel the registration of a design. 
(2) At any time after a design has been registered any person 
interested may apply to the registrar for the cancellation of the 
registration of the design on the ground that the design was not, at 
the date of the registration thereof, new or original, or on any other 
ground on which the registrar could have refused to register the 
design; and the registrar may make such order on the application as 
he thinks fit. 
[1(2A) At any time after a design has been registered, any person 
interested may apply to the registrar for the cancellation of the 
registration of the design on the grounds-
IS. 11(2A) inserted by Copyright Act 1956 (c. 74), s. 44(3) Exemption of 
innocent 
infringer from 
liability for 
damages. 
Compulsory 
licence in 
respect of 
registered 
design. 
Cancellation of 
registration. IP/N/l/GBRlDJj 
Page 13 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 11-13 
1956 c. 74. (a) that the design, at the time when it was registered, was a 
corresponding design in relation to an artistic work in 
which copyright subsisted under the Copyright Act 1956; 
(b) that, by reason of a previous use of that artistic work, the 
design would not have been registrable under this Act but 
for su bsection (4) of section six of this Act; and 
(e) that the copyright in Wat work under the Copyright Act 
1956, has expired; 
and the registrar may make such order on the application as he thinks 
fit. ] 
(3) An appeal shall lie from any order of the registrar under [leither 
of the two last foregoing subsections.] 
Use for services 12. The provisions of the First Schedule to this Act shall have 
of the Crown. effect with respect to the use of registered designs for the services of 
the Crown and the rights of third parties in respect of such use. 
Orders in 
Council as to 
convention 
countries. S. /2 extended by S.l. /965//536, Sch. 3 
I nternational Arrangements 
13.-( 1) His Majesty may, with a view to the fulfilment of a 
treaty, convention, arrangement or engagement, by Order in Council 
declare that any country specified in the Order is a convention 
country for the purposes of this Act: 
Provided that a declaration may be made as aforesaid for 
the purposes either of all or of some only of the provisions of 
this Act, and a country in the case of which a declaration 
made for the purposes of some only of the provisions of this 
Act is in force shall be deemed to be a convention country for 
the purposes of those provisions only. 
(2) His Majesty may by Order in Council direct that any of the 
Channel Islands, any colony, any British protectorate or protected 
state, or any territory administered by His Majesty's Government in 
the United Kingdom under the trusteeship system of the United 
Nations, shall be deemed to be a convention country for the 
purposes of all or any of the provisions of this Act; and an Order 
made under this subsection may direct that any such provisions shall 
have effect, in relation to the territory in question, subject to such 
conditions or limitations, if any, as may be specified in the Order. 
(3) For the purposes of subsection (1) of this section, every 
colony, protectorate, territory subject to the authority or under the 
suzerainty of another country, and territory administered by another 
country in accordance with a mandate from the League of Nations or 
IWords substituted by Copyright Act 1956 (c. 74), s. 44(4) IP/N/1/GBRlDIl 
Page 14 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 13-15 
under the trusteeship system of the United Nations, shall be deemed 
to be a country in the case of which a declaration may be made under 
that subsection. 
14.-( 1) An application for registration of a design in respect of 
which protection has been applied for in a convention country may 
be made in accordance with the provisions of this Act by the person 
by whom the application for protection was made or his personal 
representative or assignee: 
Provided that no application shall be made by virtue of this 
section after the expiration of six months from the date of the 
application for protection in a convention country or, where 
more than one such application for protection has been made, 
from the date of the first application. 
(2) A design registered on an application made by virtue of this 
section shall be registered as of the date of the application for 
protection in the convention country or, where more than one such 
application for protection has been made, the date of the first such 
application: 
Provided that no proceedings shall be taken in respect of 
any infringement committed before the date on which the 
certificate of registration of the design under this Act is issued. 
(3) An application for the registration of a design made by virtue of 
this section shall not be refused, and the registration of a design on 
such an application shall not be invalidated, by reason only of the 
registration or publication of the design in the United Kingdom or the 
Isle of Man during the period specified in the proviso to subsection 
(1) of this section as that within which the application for registration 
may be made. 
(4) Where a person has applied for protection for a design by an 
application which-
(a) in accordance with the terms of a treaty subsisting between 
two or more convention countries, is equivalent to an 
application duly made in anyone of those convention 
countries; or 
(b) in accordance with the law of any convention country, is 
equivalent to an application duly made in that convention 
country, 
he shall be deemed for the purposes of this section to have applied in 
that convention country. Registration of 
design where 
application for 
protection in 
convention 
country has 
been made. 
15.-( 1) If the Board of Trade are satisfied that provision substan- Extension of 
lially equivalent to the provision to be made by or under this section time for 
has been or will be made under the law of any convention country, ~~~~~~~i~~sin 
certain cases. IP/N/lIGBRlD/1 
Page 15 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 15, 16 
Protection of 
designs 
communicated 
under 
international 
agreements. they may make rules empowering the registrar to extend the time for 
making application under subsection (1) of section fourteen of this 
Act for registration of a design in respect of which protection has 
been applied for in that country in any case where the period 
specified in the proviso to that subsection expires during a period 
prescribed by the rules. 
(2) Rules made under this section-
(a) may, where any agreement or arrangement has been made 
between His Majesty's Government in the United King­
dom and the government of the convention country for the 
supply or mutual exchange of information or articles, 
provide, either generally or in any class of case specified in 
the rules, that an extension of time shall not be granted 
under this section unless the design has been communi­
cated in accordance with the agreement or arrangement; 
(b) may, either generally or in any class of case specified in the 
rules, fix the maximum extension which may be granted 
under this section; 
(e) may prescribe or allow any special procedure in connection 
with applications made by virtue of this section; 
(d) may empower the registrar to extend, in relation to an 
application made by virtue of this section, the time limited 
by or under the foregoing provisions of this Act for doing 
any act, subject to such conditions, if any, as may be 
imposed by or under the rules; 
(e) may provide for securing that the rights conferred by 
registration on an application made by virtue of this section 
shall be subject to such restrictions or conditions as may 
be specified by or under the rules and in particular to 
restrictions and conditions for the protection of persons 
(including persons acting on behalf of His Majesty) who, 
otherwise than as the result of a communication made in 
accordance with such an agreement or arrangement as is 
mentioned in paragraph (a) of this subsection, and before 
the date of the application in question or such later date as 
may be allowed by the rules, may have imported or made 
articles to which the design is applied or may have made an 
application for registration of the design. 
16.-( 1) Subject to the provisions of this section, the Board of 
Trade may make rules for securing that, where a design has been 
communicated in accordance with an agreement or arrangement 
made between His Majesty's Government in the United Kingdom 
and the government of any other country for the supply or mutual 
exchange of information or articles,-IP/NIlIGBRlDI 1 
Page 16 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 16, 17 
(a) an application for the registration of the design made by the 
person from whom the design was communicated or his 
personal representative or assignee shall not be prejudiced, 
and the registration of the design in pursuance of such an 
application shall not be invalidated, by reason only that the 
design has been communicated as aforesaid or that in 
consequence thereof-
(i) the design has been published or applied, or 
(ii) an application for registration of the design has 
been made by any other person, or the design has been 
registered on such an application; 
(b) any application for the registration of a design made in 
consequence of such a communication as aforesaid may be 
refused and any registration of a design made on such an 
application may be cancelled. 
(2) Rules made under subsection (1) of this section may provide 
that the publication or application of a design, or the making of any 
application for registration thereof shall, in such circumstances and 
subject to such conditions or exceptions as may be prescribed by 
the rules, be presumed to have been in consequence of such a 
communication as is mentioned in that subsection. 
(3) The powers of the Board of Trade under this section, so far as 
they are exercisable for the benefit of persons from whom designs 
have been communicated to His Majesty's Government in the 
United Kingdom by the government of any other country, shall only 
be exercised if and to the extent that the Board are satisfied that 
substantially equivalent provision has been or will be made under the 
law of that country for the benefit of persons from whom designs 
have been communicated by His Majesty's Government in the 
United Kingdom to the government of that country. 
(4) References in the last foregoing subsection to the communica­
tion of a design to or by His Majesty's Government or the govern­
ment of any other country shall be construed as including references 
to the communication of the design by or to any person authorised in 
that behalf by the government in question. 
Register of designs, etc. 
17.-( 1) There shall be kept at the Patent Office under the control Register of 
of the registrar a register of designs, in which there shall be entered designs. 
the names and addresses of proprietors of registered designs, notices 
of assignments and of transmissions of registered designs, and such 
other matters as may be prescribed or as the registrar may think fit. IP/N/lIGBRlD/1 
Page 17 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 17-19 
Certificate of 
registra tion. 
Registration of 
assignments, 
etc. (2) Subject to the provisions of this Act and to rules made by the 
Board of Trade thereunder, the register of designs shall, at all 
convenient times, be open to inspection by the public; and certified 
copies sealed with the seal of the Patent Office of any entry in the 
register shall be given to any person requiring them on payment of 
the prescribed fee. 
(3) The register of designs shall be prima facie evidence of any 
matters required or authorised by this Act to be entered therein. 
(4) No notice of any trust, whether expressed, implied or construc­
tive, shall be entered in the register of designs, and the registrar shall 
not be affected by any such notice. 
18.-( 1) The registrar shall grant a certificate of registration in the 
prescribed form to the registered proprietor of a design when the 
design is registered. 
(2) The registrar may, in a case where he is satisfied that the 
certificate of registration has been lost or destroyed, or in any other 
case in which he thinks it expedient, furnish one or more copies of 
the certificate. 
19.-( 1) Where any person becomes entitled by assignment, trans­
mission or operation of law to a registered design or to a share in a 
registered design, or becomes entitled as mortgagee, licensee or 
otherwise to any other interest in a registered design, he shall apply 
to the registrar in the prescribed manner for the registration of his 
title as proprietor or co-proprietor or, as the case may be, of notice of 
his interest, in the register of designs. 
(2) Without prejudice to the provisions of the foregoing subsec­
tion, an application for the registration of the title of any person 
becoming entitled by assignment to a registered design or a share in a 
registered design, or becoming entitled by virtue of a mortgage, 
licence or other instrument to any other interest in a registered 
design, may be made in the prescribed manner by the assignor, 
mortgagor, licensor or other party to that instrument, as the case may 
be. 
(3) Where application is made under this section for the registra­
tion of the title of any person, the registrar shall, upon proof of title 
to his satisfaction-
(a) where that person is entitled to a registered design or a 
share in a registered design, register him in the register of 
designs as proprietor or co-proprietor of the design, and 
enter in that register particulars of the instrument or event 
by which he derives title; or 
(b) where that person is entitled to any other interest in 
the registered design, enter in that register notice of his 
interest, with particulars of the instrument (if any) creating it. IP/N/lIGBRlD/1 
Page 18 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 19-21 
(4) Subject to any rights vested in any other person of which notice 
is entered in the register of designs, the person or persons registered 
as proprietor of a registered design shall have power to assign, grant 
licences under, or otherwise deal with the design, and to give 
effectual receipts for any consideration for any such assignment, 
licence or dealing: 
Provided that any equities in respect· of the design may be 
enforced in like manner as in respect of any other personal 
property. 
(5) Except for the purposes of an application to rectify the register 
under the following provisions of this Act, a document in respect of 
which no entry has been made in the register of designs under 
subsection (3) of this section shall not be admitted in any court as 
evidence of the -title of any person to a registered design or share of 
or interest in a registered design unless the court otherwise directs. 
20.-( 1) The court may, on the application of any person 
aggrieved, order the register of designs to be rectified by the making 
of any entry therein or the variation or deletion of any entry therein. 
(2) In proceedings under this section the court may determine any 
question which it may be necessary or expedient to decide in 
connection with the rectification of the register. 
(3) Notice of any application to the court under this section shall 
be given in the prescribed manner to the registrar, who shall be 
entitled to appear and be heard on the application, and shall appear if 
so directed by the court. . 
(4) Any order made by the court under this section shall direct 'that 
notice of the order shall be served on the registrar in the prescribed 
manner; and the registrar shall, on receipt of the notice, rectify the 
register accordingly. 
21.-( 1) The registrar may, in accordance with the provisions of 
this section, correct any error in an application for the registration or 
in the representation of a design, or any error in the register of designs. 
(2) A correction may be made in pursuance of this section either 
upon a request in writing made by any person interested and 
accompanied by the prescribed fee, or without such a request. 
(3) Where the registrar proposes to make any such correction as 
aforesaid otherwise than in pursuance of a request made under this 
section, he shall give notice of the proposal to the registered 
proprietor or the applicant for registration of the design, as the 
case may be, and to any other person who appears to him to be 
concerned, and shall give them an opportunity to be heard before 
making the correction. 
13 Rectification of 
register. 
Power to 
correct clerical 
errors. IP/N/lIGBRlD/1 
Page 19 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 22, 23 
I nspection of 
registered 
designs. 
Information as 
to existence of 
copyright. 22.-( 1) Subject to the following provisions of this section and to 
any rules made by the Board of Trade in pursuance of subsection (2) 
of section five of this Act, the representation or specimen of a design 
registered under this Act shall be open to inspection at the Patent 
Office on and after the day on which the certificate of registration is 
issued. 
(2) In the case of a design registered in respect of an article of 
any class prescribed for the purposes of this subsection, no represen­
tation or specimen of the design filed in pursuance of the application 
shall, until the expiration of such period after the day on which the 
certificate of registration is issued as may be prescribed in relation to 
articles of that class, be open to inspection at the Patent Office 
except by the registered proprietor, a person authorised in writing by 
the registered proprietor, or a person authorised by the registrar or 
by the court: 
Provided that where the registrar proposes to refuse an 
application for the registration of any other design on the 
ground that it is the same as the first-mentioned design or 
differs from that design only in immaterial details or in 
features which are variants commonly used in the trade, the 
applicant shall be entitled to inspect the representation or 
specimen of the first-mentioned design filed in pursuance of 
the application for registration of that design. 
(3) In the case of a design registered in respect of an article of any 
class prescribed for the purposes of the last foregoing subsection, the 
representation or specimen of the design shall not, during the period 
prescribed as aforesaid, be inspected by any person by virtue of this 
section except in the presence of the registrar or of an officer acting 
under him; and except in the case of an inspection authorised by the 
proviso to that subsection, the person making the inspection shall not 
be entitled to take a copy of the representation or specimen of the 
design or any part thereof. 
(4) Where an application for the registration of a design has been 
abandoned or refused, neither the application for registration nor any 
representation or specimen of the design filed in pursuance thereof 
shall at any time be open to inspection at the Patent Office or be 
published by the registrar. 
23. On the request of any person furnishing such information as 
may enable the registrar to identify the design, and on payment of the 
prescribed fee the registrar shall inform him whether the design is 
registered, and if so, in respect of what articles, and whether ~:;y 
extension of the period of copyright has been granted and shall sta te 
the date of registration and the name and address of the registered 
proprietor. IP/N/lIGBRlD/l 
Page 20 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 24-26 
24.-( 1) A certificate purporting to be signed by the registrar and 
certifying that any entry which he is authorised by or under this Act 
to make has or has not been made, or that any other thing which he is 
so authorised to do has or has not been done shall be prima facie 
evidence of the matters so certified. 
(2) A copy of any entry in the register of designs or of any 
representation, specimen or document kept in the Patent Office or 
an extract from the register or any such document, purporting to be 
certified by the registrar and to be sealed with the seal of the Patent 
Office, shall be admitted in evidence without further proof and 
without production of the original. 
Legal proceedings and Appeals 
25.-( 1) If in any proceedings before the court the validity of the 
registration of a design is contested, and it is found by the court that 
the design is validly registered, the court may certify that the validity 
of the registration of the design was contested in those proceedings. 
(2) Where any such certificate has been granted, then if in any 
subsequent proceedings before the court for infringement of the 
copyright in the registered design or for cancellation of the registra­
tion of the design, a final order or judgment is made or given 
in favour of the registered proprietor, he shall, unless the court 
otherwise directs, be entitled to his costs as between solicitor and client: 
Provided that this subsection shall not apply to the costs of 
any appeal in any such proceedings as aforesaid. 
26.-( 1) Where any person (whether entitled to or interested in a 
registered design or an application for registration of a design or not) 
by circulars, advertisements or otherwise threatens any other person 
with proceedings for infringement of the copyright in a registered 
design, any person aggrieved thereby may bring an action against 
him for any such relief as is mentioned in the next following subsection. 
(2) Unless in any action brought by virtue of this section the 
defendant proves that the acts in respect of which proceedings were 
threatened constitute or, if done, would constitute, an infringement 
of the copyright in a registered design the registration of which is not 
shown by the plaintiff to be invalid, the plaintiff shall be entitled to 
the following relief, that is to say:-
(a) a declaration to the effect that the threats are unjustifiable; 
(b) an injunction against the continuance of the threats; and 
(c) such damages, if any, as he has sustained thereby. 
(3) For the avoidance of doubt it is hereby declared that a mere 
notification that a design is registered does not constitute a threat of 
proceedings within the meaning of this section. Evidence of 
entries, 
documents, etc. 
Certificate of 
contested 
validity of 
registration. 
Remedy for 
groundless 
threats of 
infringement 
proceedings. IP/N/lIGBRlD/1 
Page 21 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 27, 28 
The Court. 
1962 c. 30. 
The Appeal 
Tribunal. 27. Subject to the provIsions of this Act relating to Scotland, 
Northern Ireland and the Isle of Man, any reference or application 
to the court under this Act, shall, subject to [lrules of court] [lrules 
made under section seven of the Northern Ireland Act 1962], be 
dealt with by such judge of the High Court as the Lord Chancellor 
may select for the purpose. 
28.-( 1) Any appeal from the registrar under this Act shall lie to 
the Appeal Tribunal. 
[2(2)The Appeal Tribunal shall consist of one or more judges of the 
High Court nominated for the purpose by the Lord Chancellor. 
(2A) At any time when it consists of two or more judges, the 
jurisdiction of the Appeal Tribunal-
(a) where in the case of any particular appeal the senior of 
those judges so directs, shall be exercised in relation to that 
appeal by both of the judges, or (if there are more than two) 
by two of them, sitting together, and 
(b) in relation to any appeal in respect of which no such 
direction is given, may be exercised by anyone of the judges; 
and, in the exercise of that jurisdiction, different appeals may be 
heard at the same time by different judges.] 
(3) The expenses of the Appeal Tribunal shall be defrayed and the 
fees to be taken therein may be fixed as if the Tribunal were a court 
of the High Court. 
(4) The Appeal Tribunal may examine witnesses on oath and 
administer oaths for that purpose. 
(5) Upon any appeal under this Act the Appeal Tribunal may by 
order award to any party such costs as the Tribunal may consider 
reasonable and direct how and by what parties the costs are to be 
paid; and any such order may be made a rule of court. 
*(6) The Appeal Tribunal shall, with regard to the right of audience, 
observe the same practice as before the first day of November, 
nineteen hundred and thirty-two, was observed in the hearing of 
appeals by the law officer. 
(7) Upon any appeal under this Act the Appeal Tribunal may 
exercise any power which could have been exercised by the registrar 
in the proceeding from which the appeal is brought. 
(8) Subject to the foregoing provisions of this section the Appeal 
Tribunal may make rules for regulating all matters relating to proce­
edings before it under this Act. [3including right of audience] 
IWords "rules" to "'962" substituted (N.t.) for words "rules of court" by 
Northern Ireland Act 1962 (c. 30), Sch. I Pt. I 
2S. 28(2)(2A) substituted for s. 28(2) by Administration of Justice Act 1969 (c. 58), 
s. 24( J )(2) 
aWords inserted (E.W.)(S.) by Administration of Justice Act 1970 (c. 31). s. 10(5) IP/NIlIGBRlDI 1 
Page 22 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 28-31 
[1(8A) At any time when the Appeal Tribunal consists of two or 
more judges, the power to make rules under sub-section (8) of this 
section shaH be exercisable by the senior of those judges: 
Provided that another of those judges may exercise that 
power if it appears to him that it is necessary for rules to be 
made and that the judge (or, if more than one, each of the 
judges) senior to him is for the time being prevented by 
illness, absence or otherwise from making them.] 
(9) An appeal to the Appeal Tribunal under this Act sha11 not be 
deemed to be a proceeding in the High Court. 
[2( 1 0) For the purposes of this section the seniority of judges shaH 
be reckoned by reference to the dates on which they were appointed 
judges of the High Court respectively.] 
*S. 28(6) repealed (E. W.)(S) by Administration of Justice Act 1970 (c. 3/), Sch. 11 
Powers and Duties of Registrar 
29. Without prejudice to any provisions of this Act requiring the 
registrar to hear any party to proceedings thereunder, or to give to 
any such party an opportunity to be heard, the registrar shaH give to 
any applicant for registration of a design an opportunity to be heard 
before exercising adversely to the applicant any discretion vested in 
the registrar by or under this Act. 
30.-( 1) The registrar may, in any proceedings before him under 
this Act, by order award to any party such costs as he may consider 
reasonable, and direct how and by what parties they are to be paid; 
and any such order may be made a rule of court. 
(2) If any party by whom application is made to the registrar for 
the canceHation of the registration of a design or for the grant of a 
licence in respect of a registered design, or by whom notice of appeal 
is given from any decision of the registrar under this Act, neither 
resides nor carries on business in the United Kingdom or the Isle of 
Man, the registrar, or, in the case of appeal, the Appeal Tribunal, 
may require him to give security for the costs of the proceedings or 
appeal, and in default of such security being given may treat the 
application or appeal as abandoned. 
31.-( 1) Subject to rules made by the Board of Trade under this 
Act the evidence to be given in any proceedings before the registrar 
under this Act may be given by affidavit or statutory declaration; but 
the registrar may if he thinks fit in any particular case take oral 
evidence in lieu of or in addition to such evidence as aforesaid, and 
IS. 28(8A) inserted by Administration of Justice Act 1969 (c. 58), s. 24( 1 )(3) 
2S. 28(10) inserted by Administration of Justice Act 1969 (c. 58), s. 24(1)(4) Exercise of 
discretionary 
powers of 
registrar. 
Costs and 
security for 
costs. 
Evidence before 
registrar. IP/N/lIGBRlD/l 
Page 23 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 31-33 
Power of 
registrar to 
refuse to deal 
with certain 
agents. 
1977 c. 37. may allow any witness to be cross-examined on his affidavit or 
declaration. 
(2) Subject to any such rules as aforesaid, the registrar shall in 
respect of the examination of witnesses on oath and the discovery 
and production of documents have all the powers of an official referee 
of the Supreme Court, and the rules applicable to the attendance of 
witnesses in proceedings before such a referee shall apply to the attend­
ance of witnesses in proceedings before the registrar. 
References to official referee to be construed (E. IV) as references to Circuit judge discharging 
functions of official referee: Courts Act 1971 (c. 23), s. 25(3) 
32.-( 1) Rules made by the Board of Trade under this Act may 
authorise the registrar to refuse to recognise as agent in respect of 
any business under this Act-
(a) any individual whose name has been erased from, and not 
restored to, the register of patent agents kept in pursuance 
of rules made under [lthe Patents Act 1977~] 
(b) any individual who is for the time being suspended in 
accordance with those rules from acting as· a patent agent: 
(c) any person who has been convicted of an offence under 
section eighty-eight of the Patents Act 1949 [2or section 114 
of the Patents Act 1977;] 
(d) any person who is found by the Board of Trade (after being 
given an opportunity to be heard) to have been convicted of 
any offence or to have been guilty of any such misconduct 
as, in the case of an individual registered in the register of 
patent agents aforesaid, would render him liable to have his 
name erased therefrom; 
(e) any person, not being registered as a patent agent, who in 
the opinion of the registrar is engaged wholly or mainly in 
acting as agent in applying for patents in the United 
Kingdom or elsewhere in the name or for the benefit of a 
person by whom he is employed; 
(f) any company or firm, if any person whom the registrar 
could refuse to recognise as agent in respect of any busi­
ness under this Act is acting as a director or manager of the 
company or is a partner in the firm. 
(2) The registrar shall refuse to recognise as agent in respect of any 
business under this Act any person who neither resides nor has a 
place of business in the United Kingdom or the Isle of Man. 
Offences 
Offences under 33.-( 1) If any person fails to comply with any direction given 
s. 5. under section five of this Act or makes or causes to be made an 
IWords substituted by Patents Act 1977 (c. 37), Sch. 5 para. 2. 
~Words inserted by Patents Act 1977 (c. 37), Sch. 5 para. 2 IP/N/lIGBRlD/l 
Page 24 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 33-35 
application for the registration of a design in contravention of that 
section, he shall be guilty of an offence and liable-
(a) on summary conviction, to imprisonment for a term not 
exceeding three months or to a fine not exceeding one 
hundred pounds, or to both such imprisonment and such 
fine, or 
(b) on conviction on indictment, to imprisonment for a term 
not exceeding two years or to a fine not exceeding five 
hundred pounds, or to both such imprisonment and such fine. 
(2) Where an offence under section five of this Act is committed 
by a body corporate, every person who at the time of the commission 
of the offence is a director, general manager, secretary or other 
similar officer of the body corporate, or is purporting to act in any 
such capacity, shall be deemed to be guilty of that offence unless he 
proves that the offence was committed without his consent or 
connivance and that he exercised all such diligence to prevent the 
commission of the offence as he ought to have exercised having 
regard to the nature of his functions in that capacity and to all the 
circumstances. 
34. If any person makes or causes to be made a false entry in the 
register of designs, or a writing falsely purporting to be a copy of an 
entry in that register, or produces or tenders or causes to be 
produced or tendered in evidence any such writing, knowing the 
entry or writing to be false, he shall be guilty of a misdemeanour. 
35.-( 1) If any person falsely represents that a design applied to 
any article sold by him is registered in respect of that article, he shall 
be liable on summary conviction to a fine not exceeding [1£50]; and 
for the purposes of this provision a person who sells an article 
having stamped, engraved or impressed thereon or otherwise applied 
thereto the word "registered", or any other word expressing or 
implying that the design applied to the article is registered, shall be 
deemed to represent that the design applied to the article is registered 
in respect of that article. 
(2) If any person, after the copyright in a registered design has 
expired, marks any article to which the design has been applied with 
the word "registered", or any word or words implying that there is a 
subsisting copyright in the design, or causes any such article to be so 
marked, he shall be liable on summary conviction to a fine not 
exceeding [2five pounds] [2£25] 
lWords substituted by Criminal Justice Act 1967 (c. 80), s. 92, Sch. 3 Pts. J, IV. 
2Words "£25" substituted (E.W.)(S.) for words "five pounds" by virtue of (S.) 
Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C. (4)(5)(8) and (E.W.) 
Criminal Law Act 1977 (c. 45), s. 31 (5)(6)(9) Falsification of 
register, etc. 
Fine for falsely 
representing a 
design as 
registered. IP/N/lIGBRlD/l 
Page 25 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 36, 37 
General power 
of Board of 
Trade to make 
rules, etc. 
Provisions as to 
rules and 
Orders. 
1946 c. 36. Rules, etc. 
36.-( 1) Subject to the provisions of this Act, the Board of Trade 
may make such rules as they think expedient for regulating the 
business of the Patent Office in relation to designs and for regulating 
all matters by this Act placed under the direction or control of the 
registrar or the Board, and in particular, but without prejudice to the 
generality of the foregoing provision-
(a) for prescribing the form of applications for registration of 
designs and of any representations or specimens of designs 
or other documents which may be filed at the Patent 
Office, and for requiring copies to be furnished of any such 
representations, specimens or documents; 
(b) for regulating the procedure to be followed in connection 
with any application or request to the registrar or in 
connection with any proceeding before the registrar and for 
authorising the rectification of irregularities of procedure; 
(c) for regulating the keeping of the register of designs: 
(d) for authorising the publication and sale of copies of rep­
resentations of designs and other documents in the Patent 
Office; 
(e) for prescribing anything authorised or required by this Act 
to be prescribed by rules made by the Board. 
(2) Rules made under this section may provide for the establish­
ment of branch offices for designs and may authorise any document 
or thing required by or under this Act to be filed or done at the Patent 
Office to be filed or done at the branch office at Manchester or any 
other branch office established in pursuance of the rules. 
S. 36 eXTended by CopyrighT Art 1956 (e. 74). s. 10(5) 
37.-( 1) Any rules made by the Board of Trade under this Act 
shall be advertised twice in the Journal. 
(2) Any rules made by the Board of Trade in pursuance of section 
fifteen or section sixteen of this Act, and any order made, direction 
given, or other action taken under the rules by the registrar, may be 
made, given or taken so as to have effect as respects things done or 
omitted to be done on or after such date, whether before or after the 
coming into operation of the rules or of this Act, as may be specified 
in the rules. 
(3) Any power to make rules conferred by this Act on the Board of 
Trade or on the Appeal Tribunal shall be exercisable by statutory 
instrument; and the Statutory Instruments Act 1946, shall apply to a 
statutory instrument containing rules made by the Appeal Tribunal in 
like manner as if the rules had been made by a Minister of the Crown. IP/N/lIGBRlD/l 
Page 26 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 37-42 
(4) Any statutory instrument containing rules made by the Board 
of Trade under this Act shall be subject to annulment in pursuance of 
a resolution of either House of Parliament. 
(5) Any Order in Council made under this Act may be revoked or 
varied by a subsequent Order in Council. 
38.--( 1) 
(2) All documents purporting to be orders made by the Board of 
Trade and to be sealed with the seal of the Board, or to be signed by a 
secretary, under-secretary or assistant secretary of the Board, or by 
any person authorised in that behalf by the President of the Board, 
shall be received in evidence and shall be deemed to be such orders 
without further proof, unless the contrary is shown. 
(3) A certificate, signed by the President of the Board of Trade, 
that any order made or act done is the order or act of the Board, shall 
be conclusive evidence of the fact so certified. 
Supplemental Proceedings of 
Board of Trade. 
39.-( 1) Rules made by the Board of Trade under this Act may Hours of 
specify the hour at which the Patent Office shall be deemed to be business and 
closed on any day for purposes of the transaction by the public of excluded days. 
business under this Act or of any class of such business, and may 
specify days as excluded days for any such purposes. 
(2) Any business done under this Act on any day after the hour 
specified as aforesaid in relation to business of that class, or on a day 
which is an excluded day in relation to business of that class, shall be 
deemed to have been done on the next following day not being an 
excluded day; and where the time for doing anything under this Act 
expires on an excluded day, that time shall be extended to the next 
following day not being an excluded day. 
40. There shall be paid in respect of the registration of designs and Fees. 
applications therefor, and in respect of other matters relating to 
designs arising under this Act, such fees as may be prescribed by 
rules made by the Board of Trade with the consent of the Treasury. 
41. Any notice required or authorised to be given by or under this Service of 
Act, and any application or other document so authorised or required notices, etc., by 
to be made or filed, may be given, made or filed by post. post. 
42. The Comptroller-General of Patents, Designs and Trade Annual report 
Marks shall, in his annual report with respect to the execution of [1 of registrar. 
lWords substituted by Patents Act 1977 (c. 37), Sch. 5 para. 3 IP/NIlIGBRlDI 1 
Page 27 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 42-44 
1977 c. 37. the Patents Act 1977], include a report with respect to the execution 
of this Act as if it formed a part of or was included in that Act. 
Savings. 43.-( 1) Nothing in this Act shall be construed as authorising or 
requiring the registrar to register a design the use of which would, in 
his opinion, be contrary to law or morality. 
(2) Nothing in this Act shall affect the right of the Crown or of any 
person deriving title directly or indirectly from the Crown to sell or 
use articles forfeited under the laws relating to customs or excise. 
Interpretation. 44.-( 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-
[1"Appeal Tribunal" means the Appeal Tribunal constituted and 
acting in accordance with section 28 of this Act as amended 
1969 c. 58. by the Administration of Justice Act 1969;] 
1956 c. 74. "article" means any article of manufacture and includes any part 
of an article if that part is made and sold separately; 
[:!"artistic work" has the same meaning as in the Copyright Act 1956;] 
"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; 
"copyright" has the meaning assigned to it by subsection (I) of 
section seven of this Act; 
[:!"corresponding design" has the same meaning as in section ten of 
the Copyright Act 1956;] 
"court" means the High Court; 
"design" has the meaning assigned to it by subsection (3) of 
section one of this Act; 
"Journal" means the journal published by the comptroller 
under [:lthe Patents Act 1977;] 
"prescribed" means prescribed by rules made by the Board of 
Trade under this Act; 
"proprietor" has the meaning assigned to it by section two of this 
Act; 
"registered proprietor" means the person or persons for the time 
being entered in the register of designs as proprietor of the 
design; 
IDefinition substituted by Administration of Justice Act 1969 (c. 58) Sch. 1 
2Definition inserted by Copyright Act 1956 (c. 74), s. 44(5) 
3Words substituted by Patents Act 1977 (c. 37), Sch. 5 para. 3 IP/N/lIGBRlD/l 
Page 28 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 44-46 
"registrar" means the Comptroller-General of Patents Designs 
and Trade Marks; 
"set of articles" means a number of articles of the same general 
character ordinarily on sale or intended to be used together, to 
each of which the same design, or the same design with 
modifications or variations not sufficient to alter the character 
or substantially to affect the identity thereof, is applied. 
(2) Any reference in this Act to an article in respect of which a 
design is registered shall, in the case of a design registered in respect 
of a set of articles, be construed as a reference to any article of that set. 
(3) Any question arising under this Act whether a number of 
articles constitute a set of articles shall be determined by the 
registrar; and notwithstanding anything in this Act any determination 
of the registrar under this subsection shall be final. 
(4) For the purposes of subsection (l) of section fourteen and 
of section sixteen of this Act, the expression "personal representa­
tive", in relation· to a deceased person, includes the legal representa­
tive of the deceased appointed in any country outside the United 
Kingdom. 
45. In the application of this Act to Scotland-
(I) The provisions of this Act conferring a special jurisdiction on 
the court as defined by this Act shall not, except so far as the 
jurisdiction extends, affect the jurisdiction of any court in 
Scotland in any proceedings relating to designs; and with 
reference to any such proceedings, the term "the Court" shall 
mean the Court of Session: 
(2) If any rectification of a register under this Act is required in 
pursuance of any proceeding in a court, a copy of the order, 
decree, or other authority for the rectification, shall be served 
on the registrar, and he shall rectify the register accordingly: 
(3) The expression "injunction" means "interdict"; the expres­
sion "arbitrator;' means "arbiter"; the expression "plaintiff' 
means "pursuer"; the expression "defendant" means 
"defender" . 
46. In the application of this Act to Northern Ireland-
(1) The provisions of this Act conferring a special jurisdiction on 
the court, as defined by this Act, shall not, except so far as the 
jurisdiction extends, affect the jurisdiction of any court in 
Northern Ireland in any proceedings relating to designs; and 
with reference to any such proceedings the term "the Court" 
means the High Court in Northern Ireland: Application to 
Scotland. 
Application to 
Northern 
Ireland. IP/NIlIGBRlDI 1 
Page 29 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 46-48 
Isle of Man. 
Repeals, 
savings, and 
transitional 
provisions. 
1907 c. 29. (2) If any rectification of a register under this Act is required in 
pursuance of any proceeding in a court, a copy of the order, 
decree, or other authority for the rectification shall be served 
on the registrar, and he shall rectify the register accordingly: 
(3) References to enactments of the Parliament of the United 
Kingdom shall be construed as references to those enactments 
as they apply in Northern Ireland: 
(4) References to a Government department shall be construed 
as including references to a department of the Government of 
Northern Ireland: 
(5) 
47. This Act shall extend to the Isle of Man subject to the 
following modifications:-
(1) Nothing in this Act shall affect the jurisdiction of the courts in 
the Isle of Man in proceedings for infringement or in any 
action or proceeding respecting a design competent to those 
courts; 
(2) The punishment for a misdemeanour under this Act in the Isle 
of Man shall be imprisonment for any term not exceeding two 
years, with or without hard labour, and with or without a fine 
not exceeding one hundred pounds, at the discretion of the court; 
(3) Any offence under this Act committed in the Isle of Man 
which would in England be punishable on summary convic­
tion may be prosecuted, and any fine in respect thereof 
recovered, at the instance of any person aggrieved, in the 
manner in which offences punishable on summary conviction 
may for the time being be prosecuted. 
48.-(1) 
(2) Subject to the provisions of this section, any Order in Council, 
rule, order, requirement, certificate, notice, decision, direction, 
authorisation, consent, application, request or thing made, issued, 
given or done under any enactment repealed by this Act shall, if in 
force at the commencement of this Act, and so far as it could have 
been made, issued, given or done under this Act, continue in 
force and have effect as if made, issued, given or done under the 
corresponding enactment of this Act. 
(3) Any register kept under the Patents and Designs Act 1907, 
shall be deemed to form part of the corresponding register under this 
Act. 
IS. 46(5) repealed by Northern Ireland Act 1962 (c. 30), Sch. 4 Pt. IV. IP/N/1/GBRlDIl 
Page 30 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Ss. 48, 49 
Sch. 1 
(4) Any design registered before the commencement of this Act 
shall be deemed to be registered under this Act in respect of articles 
of the class in which it is registered. 
(5) Where, in relation to any design the time for giving notice to the 
registrar under section fifty-nine of the Patents and Designs Act 
1907, expired before the commencement of this Act and the notice J 907 c. 29. 
was not given, subsection (2) of section six of this Act shall not apply 
in relation to that design or any registration of that design. 
(6) Any document referring to any enactment repealed by this Act 
shall be construed as referring to the corresponding enactment of this 
Act. 
(7) Nothing in the foregoing provisions of this section shall be 
taken as prejudicing the operation of [lsection 16( 1) and section 
17(2)(a) of the Interpretation Act 1978], (which [Irelate] to the effect J 978 c. 30. 
of repeals). 
49.-( 1) This Act may be cited as the Registered Designs Act 1949. Short title and 
(2) This Act shall come into operation on the first day of January, 
nineteen hundred and fifty, immediately after the coming into opera­
tion of the Patents and Designs Act 1949. 
SCHEDULES 
FIRST SCHEDULE 
PROVISIONS AS TO THE USE OF REGISTERED DESIGNS FOR THE 
SERVICES OF THE CROWN AND AS TO THE RIGHTS OF THIRD PARTIES 
IN RESPECT OF SUCH USE 
Paras. 1-3 extended by S.l. 1965/1536. Sch. 3 
1.-( I) Notwithstanding anything in this Act, any Government depart­
ment, and any person authorised in writing by a Government department, 
may use any registered design for the services of the Crown in accordance 
with the following provisions of this paragraph. 
(2) If and so far as the design has before the date of registration thereof 
been duly recorded by or applied by or on behalf of a Government 
department otherwise than in consequence of the communication of the 
design directly or indirectly by the registered proprietor or any person from 
whom he derives title, any use of the design by virtue of this paragraph may 
be made free of any royalty or other payment to the registered proprietor. 
(3) If and so far as the design has not been so recorded or applied as 
aforesaid, any use of the design made by virtue of this paragraph at any time 
IWords substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) commencement. 
1949c.87. 
Section 12. 
Use of registered 
designs for services 
of the Crown. IP/NIlIGBRlDI 1 
Page 31 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Sch. 1 
Rights of third 
parties in respect of 
Crown use. after the date of registration thereof, or in consequence of any such 
communication as aforesaid, shall be made upon such terms as may be 
agreed upon, either before or after the use, between the Government 
department and the registered proprietor with the approval of the Treasury, 
or as may in default of agreement be determined by the court on a reference 
under paragraph 3 of this Schedule. 
(4) The authority of a Government department in respect of a design may 
be given under this paragraph either before or after the design is registered 
and either before or after the acts in respect of which the authority is given 
are done, and may be given to any person whether or not he is authorised 
directly or indirectly by the registered proprietor to use the design. 
(5) Where any use of a design is made by or with the authority of a 
Government department under this paragraph, then, unless it appears to the 
department that it would be contrary to the public interest so to do, the 
department shall notify the registered proprietor as soon as practicable after 
the use is begun, and furnish him with such information as to the extent of 
the use as he may from time to time require. 
[1(6) For the purposes of this and the next following paragraph "the 
services of the Crown" shall be deemed to include-
(a) the supply to the government of any country outside the United 
Kingdom, in pursuance of an agreement or arrangement between 
Her Majesty's Government in the United Kingdom and the 
government of that country, of articles required-
(i) for the defence of that country; or 
(ii) for the defence of any other country whose government 
is party to any agreement or arrangement with Her Majesty's 
said Government in respect of defence matters; 
(b) the supply to the United Nations, or to the government of 
any country belonging to that organisation, in pursuance of an 
agreement or arrangement between Her Majesty's Government 
and that organisation or government, of articles required for any 
armed forces operating in pursuance of a resolution of that 
organisation or any organ of that organisation; 
and the power of a Government department or a person authorised by a 
Government department under this paragraph to use a design shall include 
power to sell to any such government or to the said organisation any articles 
the supply of which is authorised by this su b-paragraph, and to sell to any 
person any articles made in the exercise of the powers conferred by this 
paragraph which are no longer required for the purpose for which they were 
made.] 
(7) The purchaser of any articles sold in the exercise of powers conferred 
by this paragraph, and any person claiming through him, shall have power to 
deal with them in the same manner as if the rights in the registered design 
were held on behalf of His Majesty. 
Para. 1(3) modified by Atomic Energy Authority (Weapons Group) Act 1973 (c. 4). s. 5(2) 
2.-( I) In relation to any use of a registered design, or a design in respect 
of which an application for registration is pending, made for the services of 
the Crown-
IPara. 1(6) substituted by Defence Contracts Act 1958 (c. 38), s. 1(1)(4) IP/N/1/GBRlD/l 
Page 32 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Sch.l 
(a) by a Government department or a person authorised by a Govern­
ment department under the last foregoing paragraph; or 
(h) by the registered proprietor or applicant for registration to the 
order of a Government department, 
the provisions of any licence, assignment or' agreement made, whether 
before or after the commencement of this Act, between the registered 
proprietor or applicant for registration or any person who derives title from 
him or from whom he derives title and any person other than a Government 
department shall be of no effect so far as those provisions restrict or regulate 
the use of the design, or any model, document or information relating 
thereto, or provide for the making of payments in respect of any such use, or 
calculated by reference thereto; and the reproduction or publication of any 
model or document in connection with the said use shall not be deemed to be 
an infringement of any copyright subsisting in the model or document. 
(2) Where an exclusive licence granted otherwise than for royalties or 
other benefits determined by reference to the use of the design is in force 
under the registered design then-
(aJ in relation to any use of the design which, but for the provisions 
of this and the last foregoing paragraph, would constitute an 
infringement of the rights of the licensee, sub-paragraph (3) of the 
last foregoing paragraph shall have effect as if for the reference to 
the registered proprietor there were substituted a reference to the 
licensee; and 
(h) in relation to any use of the design by the licensee by virtue of an 
authority given under the last foregoing paragraph, that paragraph 
shall have effect as if the said sub-paragraph (3) were omitted. 
(3) Subject to the provisions of the last foregoing sub-paragraph, where 
the registered design or the right to apply for or obtain registration of the 
design has been assigned to the registered proprietor in consideration of 
royalties or other benefits determined by reference to the use of the design, 
then-
(a) in relation to any use of the design by virtue of paragraph 1 of this 
Schedule, sub-paragraph (3) of that paragraph shall have effect as 
if the reference to the registered proprietor included a reference to 
the assignor, and any sum payable by virtue of that sub-paragraph 
shall be divided between the registered proprietor and the assign or 
in such proportion as may be agreed upon between them or as may 
in defa ult of agreement be determined by the court on a reference 
under the next following paragraph; and 
(h) in relation to any use of the design made for the services of the 
Crown by the registered proprietor to the order of a Government 
department, sub-paragraph (3) of paragraph 1 of this Schedule 
shall have effect as if that use were made by virtue of an authority 
given under that paragraph. 
(4) Where, under sub-paragraph (3) of paragraph 1 of this Schedule, 
payments are required to be made by a Government department to a 
registered proprietor in respect of any use of a design, any person being the 
holder of an exclusive licence under the registered design (not being such a 
licence as is mentioned in sub-paragraph (2) of this paragraph) authorising 
him to make that use of the design shall be entitled to recover from the IP 1Nl l/GBRlD/l 
Page 33 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Sch.l 
Reference of 
disputes as to Crown 
use. registered proprietor such part (if any) of those payments as may be agreed 
upon between that person and the registered proprietor, or as may in default 
of agreement be determined by the court under the next following paragraph 
to be just having regard to any expenditure incurred by that person-
(a) in developing the said design; or 
(b) in making payments to the registered proprietor, other than 
royalties or other payments determined by reference to the use of 
the design, in consideration of the licence; 
and if, at any time before the amount of any such payment has been agreed 
upon between the Government department and the registered proprietor, 
that person gives notice in writing of his interest to the department, any 
agreement as to the amount of that payment shall be of no effect unless it is 
made with his consent. 
(5) In this paragraph "exclusive licence" means a licence from a regis­
tered proprietor which confers on the licensee, or on the licensee and 
persons authorised by him, to the exclusion of all other persons (including 
the registered proprietor), any right in respect of the registered design. 
Para. 2 amended by Defence Contracts Act 1958 (c. 38), s. 1(3)(4) 
3.-( 1) Any dispute as to the exercise by a Government department or a 
person authorised by a Government department of the powers conferred by 
paragraph 1 of this Schedule, or as to terms for the use of a design for the 
services of the Crown thereunder, or as to the right of any person to receive 
any part of a payment made in pursuance of sub-paragraph (3) of that 
paragraph, may be referred to the court by either party to the dispute [Iin 
such manner as may be prescribed by rules of court.] 
(2) In any proceedings under this paragraph to which a Government 
department are a party, the department may-
(a) if the registered proprietor is a party to the proceedings, apply for 
cancellation of the registration of the design upon any ground 
upon which the registration of a design may be cancelled on an 
application to the court under section twenty of this Act: 
(b) in any case, put in issue the validity of the registration of the 
design without applying for its cancellation. 
(3) If in such proceedings as aforesaid any question arises whether a 
design has been recorded or applied as mentioned in paragraph I of this 
Schedule, and the disclosure of any document recording the design, or of 
any evidence of the application thereof. would in the opinion of the 
department be prejudicial to the public interest, the disclosure may be made 
confidentially to counsel for the other party or to an independent expert 
mutually agreed upon. 
(4) In determining under this paragraph any dispute between a Govern­
ment department and any person as to terms for the use of a design for the 
services of the Crown, the court shall have regard to any benefit or 
compensation which that person or any person from whom he derives title 
may have received, or may be entitled to receive, directly or indirectly from 
any Government department in respect of the design in question. 
IWords repealed (N.I.) by Northern Ireland Act 1962 (c. 30), Sch. ) Pt. I IP/NI1/GBRlDI 1 
Page 34 
REGISTERED DESIGNS ACT 1949 (c. 88) 
Sch.1 
(5) In any proceedings under this paragraph the court may at any time 
order the whole proceedings or any question or issue of fact arising therein 
to be referred to a special or official referee or an arbitrator on such terms as 
the court may direct; and references to the court in the foregoing provisions 
of this paragraph shall be construed accordingly. 
Reference to official referee to be construed (E. W) as reference to Circuit judge discharging 
functions of official referee: Courts Act 1971 (c. 23). s. 25(3) 
4.-( I) During any period of emergency within the meaning of this Special provisions as 
paragraph, the powers exercisable in relation to a design by a Government to Crown use during 
department, or a person authorised by a Government department under emergency. 
paragraph I of this Schedule shall include power to use the design for any 
purpose which appears to the department necessary or expedient-
(a) for the efficient prosecution of any war in which His Majesty may 
be engaged; 
(b) for the maintenance of supplies and services essential to the life of 
the community; 
(c) for securing a sufficiency of supplies and services essential to the 
well-being of the community; 
(d) for promoting the productivity of industry, commerce and 
agriculture; 
(e) for fostering and directing exports and reducing imports, or 
imports of any classes, from all or any countries and for redress­
ing the balance of trade; 
(f) generally for ensuring that the whole resources of the community 
are available for use, and are used, in a manner best calculated to 
serve the interests of the community; or 
(g) for assisting the relief of suffering and the restoration and distribu­
tion of essential supplies and services in any part of His Majesty's 
dominions or any foreign countries that are in grave distress as the 
result of war; 
and any reference in this Schedule to the services of the Crown shall be 
construed as including a reference to the purposes aforesaid. 
(2) In this paragraph the expression "period of emergency" means the 
period ending with the tenth day of December, nineteen hundred and fifty, 
or such later date as may be prescribed by Order in Council, and any other 
period beginning on such date as may be declared by Order in Council to be 
the commencement, and ending on such date as may be so declared to be the 
termination, of a period of emergency for the purposes of this paragraph. 
(3) A draft of any Order in Council under this paragraph shall be laid 
before Parliament; and the draft shall not be submitted to H is Majesty 
except in-pursuance of an Address presented by each House of Parliament 
praying that the Order be made. 
SECOND SCHEDULE JP IN I lIGBRlDI 1 
Page 35 
REGISTERED DESIGNS ACT 1949 (c. 88) 
The following provisions have been omitted from the text for the reasons 
stated:-
s.38(1) 
s.48(1) 
Sch.2 repealed by Industrial Expansion Act 1968 (c. 32), 
Sch. 4 
repeals enactments specified in Sch. 2 
specifies enactments repealed by s. 48( 1) 