Clause 76

by deleting the words “more than 15 years” in the penultimate line of section 70(1) and substituting the words “at any time”;

by deleting the words “United Kingdom Designs (Protection) Act (Cap. 339)” in the 3rd and 4th lines of section 73(2)(a) and substituting the words “Registered Designs Act 2000”;

by deleting the word “proprietor” wherever it appears in section 73(2) and substituting in each case the word “owner”;

by deleting the words “under the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c.88), or any Act amending or substituting for that Act” in the 2nd, 3rd and 4th lines of section 74(1) and substituting the words “or deemed registered under the Registered Designs Act 2000”;

by deleting the words “under the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c.88), or any Act amending or substituting for that Act” in the 3rd to 6th lines of section 74(2)(c) and substituting the words “or, is deemed registered under the Registered Designs Act 2000”;

by deleting the words “25 years” wherever they appear in section 74(3) and (4) and substituting in each case the words “15 years”;

by deleting the words “the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c.88), or any Act amending or substituting for that Act, by rules made under that Act or such other Act” in the 4th to 7th lines of section 74(5) and substituting the words “the Registered Designs Act 2000 or the Registered Designs Act 1949 of the United Kingdom (as the case may be), by rules made under the applicable Act”;

by deleting paragraphs (a) and (b) of section 74(6) and substituting the following paragraphs:“(a)before the commencement of those proceedings —

an application for the registration of the design in respect of those articles under the Registered Designs Act 2000; or

an application for the registration of the design in respect of those articles under the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c.88), being an application made before the date of commencement of the Registered Designs Act 2000,has been refused;

the reason or one of the reasons stated for the refusal was that the design was excluded from such registration by rules made under the Registered Designs Act 2000 or the Registered Designs Act 1949 of the United Kingdom (as the case may be); and”;

by deleting the words “under the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c.88), or any Act amending or substituting for that Act” in the 1st, 2nd and 3rd lines of paragraph 1(b) of the Schedule and substituting the words “or is deemed registered under the Registered Designs Act 2000”;

by deleting sub-paragraph (c) of paragraph 1 of the Schedule and substituting the following sub-paragraph:“(c)it is proved or admitted in the proceedings that the person who is the registered owner of the design was not the owner thereof for the purposes of that Act and was registered as the owner under that Act or as the proprietor under the Registered Designs Act 1949 of the United Kingdom (as the case may be) without the knowledge of the owner of the copyright in the artistic work.”;

by inserting, immediately after the word “registration” in the 2nd line of paragraph 2 of the Schedule, the words “under the Registered Designs Act 2000 or the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c.88) (as the case may be)”; and

by deleting paragraph 3 of the Schedule and substituting the following paragraph:“3. Notwithstanding anything in paragraph 2, if in the proceedings it is proved or admitted that any act to which the proceedings relate —

was done in pursuance of an assignment or licence made or granted by the registered owner of the design; and

was so done in good faith in reliance upon the registration, and without notice of any proceedings for the cancellation or revocation of the registration (as the case may be) or for rectifying the entry in the relevant register of designs relating thereto,section 74(1) of this Act shall apply in relation to that act for the purposes of the first-mentioned proceedings.”.