Registered Designs Act 2000 · 2020 Revised Edition · Part 2 · Registration of Designs
10. Subsequent registration of design in respect of other articles or non-physical products, etc.
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Where the registered owner of a design registered in respect of an article or a non‑physical product files —
registered owner
“registered owner”, in relation to a registered design, means the person whose name is for the time being entered in the Register as the owner of the design or, if there are 2 or more such persons, each of those persons;
an application for registration of the registered design in respect of one or more other articles or non‑physical products; or
an application for registration of a design consisting of the registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity of the registered design, in respect of the same or one or more other articles or non‑physical products,the application must not be refused, and the registration made on the application must not be revoked, by reason only of the previous registration or publication of the registered design.
The right in a design registered by virtue of subsection (1) does not extend beyond the end of the period, and any extended period, for which the right subsists in the original design.
design
“design” means features of shape, configuration, colours, pattern or ornament applied to any article or non‑physical product that give that article or non‑physical product its appearance, but does not include —(a)a method or principle of construction;(b)features of shape, configuration or colours of an article or a non‑physical product that —(i)are dictated solely by the function that the article or non‑physical product has to perform;(ii)are dependent upon the appearance of another article or non‑physical product of which the article or non‑physical product is intended by the designer to form an integral part; or(iii)enable the article or non‑physical product to be connected to, or placed in, around or against, another article or non‑physical product, so that either article or non‑physical product may perform its function; or(c)features consisting only of one or more colours that —(i)are not used with any feature of shape or configuration; and(ii)do not give rise to any feature of pattern or ornament;
Where a person files an application for registration of a design in respect of an article or a non‑physical product and either —
application for registration
“application for registration”, in relation to a design, means an application under section 11 for the registration of the design;
the design has been previously registered by another person in respect of some other article or non‑physical product; or
the design to which the application relates is a design previously registered by another person in respect of the same or some other article or non‑physical product with modifications or variations not sufficient to alter the character or substantially to affect the identity of the registered design,then, if at any time while the application is pending, the applicant becomes the registered owner of the design previously registered, subsection (1) applies as if, at the time of filing the application, the applicant had been the registered owner of that design.