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In forceAmended2020 Revised Edition

Part 3 · Rights in Registered Designs

30A. Registration subject to disclaimer

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Amended

Last amended by an amending law of 2022.

(1)

An applicant for registration of a design, or the registered owner of a registered design, may disclaim any right in relation to a specified feature of the design.

(2)

Where the registration of a design is subject to a disclaimer, the rights given by section 30 are restricted accordingly.

(2A)

Where an applicant for registration of a design, or the registered owner of a registered design, disclaimed any right in relation to a specified feature of the design —

(a)

at any time before 26 May 2022; and

(b)

in any application, request or other document that otherwise complied with the requirements of this Act and the rules made under this Act,then —

(c)

subsection (1) applies in relation to that disclaimer as if that subsection were in force on the date of the making of the disclaimer; and

(d)

subsection (2) applies in relation to the registration of that design and (if the disclaimer was to apply beginning on a date before 26 May 2022) is taken to have always applied in relation to the registration beginning on the date the disclaimer was to begin to apply.

(2B)

However, nothing in subsection (2A) applies to, or may be construed to affect —

(a)

any decision or judgment issued by any court given before 12 September 2022 in relation to that design; or

(b)

any proceedings before any court commenced before 12 September 2022 in relation to that design.

(3)

The Minister may make rules under section 75 as to the publication and entry in the Register of a disclaimer.

Report

Part 4

Government Use of Registered Designs

Part 5

Administrative and Other Supplementary Provisions

Part 5A

The Geneva Act of the Hague Agreement, Etc.

Part 6

Offences

Part 6A

Assistance by Border Authorities*

Part 7

Miscellaneous and General Provisions

Schedules