The Registered Designs (Fees) Rules 2016

Made: 5th September 2016

Laid before Parliament: 7th September 2016

Coming into force: 1st October 2016

The Secretary of State, with the consent of the Treasury, makes the following Rules in exercise of the powers conferred by sections 36 and 40 of the Registered Designs Act 1949 and of the power conferred by the Department of Trade and Industry (Fees) Order 1988 .

Citation and commencement, and interpretation

1

• (1) These Rules may be cited as the Registered Designs (Fees) Rules 2016 and come into force on 1stOctober 2016.

• (2) In these Rules—

• “the Act” means the Registered Designs Act 1949;

• “the commencement date” means the date referred to in paragraph (1); and

• “the Registered Designs Rules” means the Registered Designs Rules 2006

• (3) In these Rules, a reference to a form is a reference to the form of that description in the Registered Designs Rules.

Revocation of the Registered Designs (Fees) Rules 2006

2

Subject to rule 3, the Registered Designs (Fees) (No. 2) Rules 2006 are revoked.

Renewal fees – transitional provision

3

• (1) This rule applies where—

• (a) prior to the commencement date, the first, second, third or fourth period during which a right in a registered design subsists has expired without an application for an extension being made to the registrar; and

• (b) an application for an extension is made in relation to that design pursuant to section 8(2) of the Act on or after the commencement date.

• (2) The Registered Designs (Fees) (No. 2) Rules 2006 continue in effect but only for the purposes of determining the renewal fee payable under rule 3(1) of those Rules.

Fees in respect of electronic applications to register designs

4

• (1) This rule applies to an application to register one or more designs made pursuant to rule 4 of the Registered Designs Rules by the electronic submission of Form DF2A.

• (2) The fee payable in relation to the making of the application is specified in Table 1 below—

Fees in respect of applications to register designs otherwise than by electronic means

5

• (1) This rule applies to an application—

• (a) to register one or more designs made pursuant to rule 4 of the Registered Designs Rules by the submission of form DF2A otherwise than by electronic means; or

• (b) to register one or more designs made pursuant to rule 4 of the Registered Designs Rules, which is a subsequent application for the purposes of section 3B(3) of the Act, by the submission of form DF2B.

• (2) The fee payable in relation to the making of the application is specified in Table 2 below—

Fees to extend the period for which right in the registered design subsists

6

• (1) Subject to rule 3, this rule applies to an application to extend the period for which the right in a registered design subsists pursuant to section 8(2) of the Act, by the submission of Form DF9A.

• (2) The renewal fee payable in relation to the making of the application is specified in Part 1 of the Schedule.

• (3) Except as provided in rule 8, the additional fees prescribed for the purposes of section 8(4) of the Act are those specified in Part 2 of the Schedule.

Other fees payable

7

Except as provided in rule 8, the fees payable in relation to the applications and requests specified in Part 3 of the Schedule are those specified in that Part.

SCHEDULE — FEES PAYABLE

PART 1 — RENEWAL FEES

PART 2 — ADDITIONAL FEES

PART 3 — OTHER FEES PAYABLE

Signed

Neville-Rolfe — Minister of State for Energy and Intellectual Property — 2016-09-02

We consent to the making of these Rules.

Stephen Barclay — David Evennett — Two of the Lords Commissioners of Her Majesty's Treasury — 2016-09-05

Explanatory note

(This note is not part of the Rules)

Footnotes

[^f00001]: 1949 c.88; section 36 was amended by the Copyright, Designs and Patents Act 1988 (c.48), Schedule 3, paragraph 26; S.I. 2001/3949, regulation 9(1) and Schedule 1, paragraph 11; the Intellectual Property Act 2014 (c.18), section 12(3); section 40 was amended by the Copyright, Designs and Patents Act 1988 (c.48), Schedule 3, paragraph 30.

[^f00002]: S.I. 1988/93; relevant amending instruments are S.I. 1990/1473, 2011/1043. See the matters specified in Schedule 1, Part III and Schedule 2, Part I and Part II to that Order.

[^f00003]: S.I. 2006/1975.

[^f00004]: S.I. 2006/2617.

Editorial notes

[^c23201351]: 1949 c.88; section 36 was amended by the Copyright, Designs and Patents Act 1988 (c.48), Schedule 3, paragraph 26; S.I. 2001/3949, regulation 9(1) and Schedule 1, paragraph 11; the Intellectual Property Act 2014 (c.18), section 12(3); section 40 was amended by the Copyright, Designs and Patents Act 1988 (c.48), Schedule 3, paragraph 30.

[^c23201361]: S.I. 1988/93; relevant amending instruments are S.I. 1990/1473, 2011/1043. See the matters specified in Schedule 1, Part III and Schedule 2, Part I and Part II to that Order.

[^c23201371]: S.I. 2006/1975.

[^c23201381]: S.I. 2006/2617.

[^key-7a895ba457c7057ce6f25442341a8610]: Words in rule 6(3) inserted (30.7.2020) by The Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/644), rules 1, 13

[^key-891d440ca5860b621f94aa9cc619ecdb]: Words in rule 7 inserted (30.7.2020) by The Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/644), rules 1, 14

[^key-c582a43daa1b545b288811464b6456a6]: Rule 8 inserted (30.7.2020) by The Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/644), rules 1, 15

Temporary fee reduction

8

During the period beginning on 30th July 2020 and ending on 31st March 2021—

• (a) the additional fees referred to in rule 6(3) are nil, and

• (b) the fee payable in relation to a request to restore a registration on Form DF29 pursuant to rule 13 of the Registered Designs Rules is nil.