35. Rights in application for registration

Terms defined in s 2

• application for registration

  application for registration

  Defined · s 2

  “application for registration”, in relation to a design, means an application under section 11 for the registration of the design;

  Open s 2
• design

  design

  Defined · s 2

  “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;

  Open s 2
• registered design

  registered design

  Defined · s 2

  “registered design” means a design registered under this Act;

  Open s 2
• Registrar

  Registrar

  Defined · s 2

  “Registrar” means the Registrar of Designs referred to in section 49 and includes any Deputy Registrar of Designs referred to in that section;

  Open s 2