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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Tuesday, September 21, 2004

 

Consultation on UK Legislation relating to Community Designs.

A new EXTERNAL LINKConsultation Process has been launched in the UK. The purpose of this consultation is to seek views on a number of possibilities for legislation which would ensure that the Community designs system works correctly, and that the checks and balances in the system are correct. The particular issues are:
  • making it an offence to claim falsely in the UK that a design is protected as a Community design;
  • providing redress against groundless threats of infringement of a Community design in the UK;
  • providing that communications with a professional representative on the special list under Article 78 of the Community Design Regulation in matters regarding the protection of designs should be privileged, whether or not that representative is also a patent or trade mark agent;
  • extension of crown use provisions of the Registered Designs Act 1949 to cover community designs to the extent that the use is necessary for essential defence or security needs; and
  • designation of Community designs courts.
Responses are welcome from anyone in the UK or abroad who is interested in the operation of the intellectual property system in the UK but especially from those who have been, are, or expect to be users of the system. Deadline for comments is December 13, 2004.

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