HL Deb 02 November 1988 vol 501 cc363-4

331 Schedule 3, page 143, line 20, leave out paragraph 1 and insert—

'. In section 3 of the Registered Designs Act 1949 (proceedings for registration), for subsections (2) to (6) substitute—

"(2) An application for the registration of a design in which design right subsists shall not be entertained unless made by the person claiming to be the design right owner.

(3) For the purpose of deciding whether a design is new, the registrar may make such searches, if any, as he thinks fit.

(4) The registrar may, in such cases as may be prescribed, direct that for the purpose of deciding whether a design is new an application shall be treated as made on a date earlier or later than that on which it was in fact made.

(5) The registrar may refuse an application for the registration of a design or may register the design in pursuance of the application subject to such modifications, if any, as he thinks fit; and a design when registered shall be registered as of the date on which the application was made or is treated as having been made.

(6) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within such time as may be prescribed shall be deemed to be abandoned.

(7) An appeal lies from any decision of the registrar under this section.".'.

Lord Young of Graffham

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 331. For the convenience of the House I shall also speak to Amendment No. 333. These amendments deal with a technical problem concerning the novelty test which applications must pass before they are registered. I commend the amendment to the House.

Moved, That the House do agree with the Commons in their Amendment No. 331.—(Lord Young of Graffham.)

On Question, Motion agreed to.