HC Deb 01 November 2001 vol 373 c780W
Andrew Mackinlay

To ask the Secretary of State for Trade and Industry (1) if she will propose an amendment to the law to provide a definition of "Royal Family" for the purposes of Section 1(1)(c) of Schedule Al of the Registered Designs Regulations 2001; [11883]

(2) for what reason the Registered Design Regulations 2001 provide that registration of any representation or colourable imitation of any member of the Royal Family shall be refused registration under the Registered Designs Act 1949. [11936]

Miss Melanie Johnson

The Registered Designs Regulations accord with the views taken by Parliament when concluding the Trade Marks Act 1994, which implemented equivalent provisions of another directive. In particular, this provision is exactly equivalent to section 4(1)(c) of that Act, which specifies a public interest exception to trade mark protection.

There is no statutory definition of "Royal Family" provided by the 1994 Act or these Regulations. It is a matter for the courts to decide how far this public interest exception to protection extends.