The Designs (International Registrations Designating the European Community) Regulations 2007

These Regulations make amendments to the Registered Designs Act 1949 (“the 1949 Act”) and the Community Design Regulations 2005 (S.I. 2005/2339) (“the 2005 Regulations”) which are necessary as a result of the accession by the European Community to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs: see Council Decision (EC) No 954/2006 (OJ No L386, 29.12.2006, pp. 28 - 43). The text of the Geneva Act is attached to that Decision, and is also available electronically from www.wipo.int/hague/en/legal_texts.

The Geneva Act, which was adopted on 2nd July 1999 and entered into force on 23rd December 2003, allows designers to obtain design protection in a number of countries through a single international registration, and permits intergovernmental organisations to become a party to the Act provided that a number of conditions are fulfilled. In particular, the organisation must maintain an Office through which protection of industrial designs may be obtained with effect in the territory of the organisation. A Community design registered at the Office for Harmonization in the Internal Market (trade marks and designs) under Council Regulation (EC) No 6/2002 (OJ L 3, 5.1.2002, p.1) (“the Community Design Regulation”) does indeed have effect in the territory of the Community, and the 2005 Regulations make provision for the operation of the Community Design Regulation in the United Kingdom.

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