uksi/2019/638 — The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

2019 No. 638 Exiting The European Union Designs Trade Marks The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 Made 18th March 2019 Coming into force into force in accordance with regulation 1 The Secretary of State in exercise of powers conferred by section 8(1) of, paragraph 1 of Schedule 4 to, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 and by section 36 of the Registered Designs Act 1949 and by section 78 of the Trade Marks Act 1994 and with the consent of the Treasury makes the following Regulations. A draft of these Regulations has been approved by resolutions of both Houses of Parliament pursuant to paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018. Citation and commencement 1 These Regulations may be cited as the Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day. Interpretation 2 In these Regulations— “ 1949 Act ” means the Registered Designs Act 1949; “ 1994 Act ” means the Trade Marks Act 1994; “ 2005 Regulations ” means the Community Design Regulations 2005 ; “ continuing unregistered Community design ” has the meaning given by regulation 4(2); “ Design Regulation ” means Council Regulation (EC) No 6/2002 of 12th December 2001 on Community Designs as amended by Council Regulation (EC) 1891/2006 of 18th December 2006 to give effect to the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs and by the Decision of the European Union of 5th December 2011 on the admission of the Republic of Croatia to the European Union; “ Registered Designs Rules ” means the Registered Designs Rules 2006 ; and “ Trade Marks Rules ” means the Trade Marks Rules 2008 . Amendments to the Design Regulation and the 2005 Regulations relating to the creation and application of the supplementary unregistered design etc. 3 1 The Design Regulation is amended by Part 1 of Schedule 1 to create the supplementary unregistered design. 2 The 2005 Regulations are amended by Part 2 of Schedule 1 to apply them to the supplementary unregistered design. Unregistered Community designs existing immediately before IP completion day 4 1 The amendments to the Design Regulation and the 2005 Regulations made by regulation 3 do not apply to an unregistered Community design which is protected under the Design Regulation immediately prior to IP completion day and remains protected on IP completion day . 2 That design is referred to as a “ continuing unregistered Community design ”. 3 The Design Regulation and the 2005 Regulations apply to a continuing unregistered Community design subject to— a as regards the Design Regulation, the modifications set out in Part 1 of Schedule 2; and b as regards the 2005 Regulations, the modifications set out in Part 2 of Schedule 2. Certain registered Community designs and international designs to have effect under the 1949 Act 5 Schedule 3 contains amendments to the 1949 Act to make provision: a for certain registered Community designs to be treated as registered under the 1949 Act from IP completion day and about certain applications for registered Community designs made before IP completion day ; and b for certain international registered designs designating the European Union to be treated as registered under the 1949 Act from IP completion day and about certain applications for international designs designating the European Union made before IP completion day . International trade marks 6 Schedule 4 contains amendments to the 1994 Act to make provision for certain international trade marks protected in the European Union to be treated as registered trade marks under the 1994 Act from IP completion day and about certain applications for the protection of an international trade mark in the European Union and transformation applications made before IP completion day . Fees payable in respect of re-registered designs, international re-registered designs, and comparable trade marks (IR) 7 Schedule 5 makes provision for the payment of fees in respect of— a a re-registered design (as that term is defined for the purposes of Schedule 1A to the 1949 Act as inserted by Schedule 3); b an international re-registered design (as that term is defined for the purposes of Schedule 1B to the 1949 Act as inserted by Schedule 3); c a comparable trade mark (IR) (as that term is defined for the purposes of Schedule 2B to the 1994 Act as inserted by Schedule 4). Amendments to the Registered Designs Rules 8 Schedule 6, which contains amendments to the Registered Designs Rules, has effect. Amendments to the Trade Marks Rules 9 Schedule 7, which contains amendments to the Trade Marks Rules, has effect. Other amendments to legislation 10 1 Schedule 8, which contains other amendments to legislation, has effect. 2 Subject to regulation 10A, any application or proceeding under the 1994 Act which was made or commenced before the coming into force of these Regulations shall be dealt with under the 1994 Act as it had effect before paragraph (1) comes into force. Qualification to Transitional Provision 10A 1 Opposition or invalidation proceedings other than excluded proceedings (“relevant proceedings”) shall be dealt with under the 1994 Act as it had effect before regulation 10(1) came into force subject to the provisions set out in this regulation. 2 The provisions in paragraphs (5) and (6) apply to relevant proceedings where the conditions in paragraph (4) are met. 3 The provisions in paragraph (8) apply to relevant proceedings in the circumstances mentioned in that paragraph. 4 The conditions mentioned in paragraph (2) are that— a the relevant proceedings are based, whether wholly or partially, on the ground that there exists an earlier trade mark (“a relevant earlier mark”) which is— i an existing EUTM, ii an existing EUTM application, iii an existing IR(EU), or iv an existing ITM application or existing request for EU extension; b in the case of proceedings referred to in sub-paragraphs (a)(i) and (iii), the comparable trade mark (EU) or comparable trade mark (IR) which derives from the existing EUTM or the existing IR(EU) (as the case may be) is the subject of— i a declaration of invalidity under section 47 of the 1994 Act, ii a revocation decision under section 46 of the 1994 Act based on grounds other than those contained in section 46(1)(a) or (b) of the 1994 Act with effect from a date prior to the date of filing of the application for registration of the trade mark the subject of the relevant proceedings or (where applicable) the date of the priority claimed in respect of that application, or iii an application for a declaration of invalidity or revocation as referred to in sub-paragraphs (i) and (ii); c in the case of proceedings referred to in sub-paragraphs (a)(ii) and (iv), an application for registration of a trade mark based upon the existing EUTM application pursuant to paragraph 25 of Schedule 2A to the 1994 Act or an application for registration of a trade mark based upon the existing ITM application or the existing request for EU extension pursuant to paragraph 28 or 29 of schedule 2B to the 1994 Act (as the case may be)— i has been made and the application has neither resulted in the registration of the trade mark nor the registration being refused (“a pending TM application”), ii has resulted in the registration of the trade mark in part only, iii has resulted in the registration of the trade mark, which registration is the subject of a revocation decision or an application for the same under section 46 of the 1994 Act based on grounds other than those contained in section 46(1)(a) or (b) of the 1994 Act with effect from a date prior to the date of filing of the application for registration of the trade mark the subject of the relevant proceedings or (where applicable) the date of the priority claimed in respect of that application, or iv has resulted in the registration of the trade mark which registration is the subject of a declaration of invalidity or an application for the same under section 47 of the 1994 Act. 5 In the case of an application for a declaration of invalidity or revocation as referred to in paragraphs (4)(b)(iii) and (4)(c)(iii) and (iv) (“pending proceedings”) or a pending TM application, the registrar may decide that the relevant proceedings be determined only after— a a final decision has been made in the pending proceedings; b the trade mark the subject of the pending TM application has been registered whether in whole or in part or the trade mark has not proceeded to registration for any reason, including as a result of the application not being accepted or it being successfully opposed, withdrawn or abandoned. 6 Where— a the comparable trade mark (EU) or comparable trade mark (IR) referred to in paragraph (4)(b) is the subject of a final decision which declares the registration invalid to any extent or revokes the registration to any extent on grounds other than those contained in section 46(1)(a) or (b) of the 1994 Act with effect from a date prior to the date of filing of the application for registration of the trade mark the subject of the relevant proceedings or (where applicable) the date of the priority claimed in respect of that application, b the application for registration of a trade mark referred to in paragraph (4)(c) has resulted in the registration of the trade mark in part only, or c the trade mark referred to in paragraph (4)(c)(iii) or (iv) is the subject of a final decision which revokes the registration to any extent on grounds other than those contained in section 46(1)(a) or (b) of the 1994 Act with effect from a date prior to the date of filing of the application for registration of the trade mark the subject of the relevant proceedings or (where applicable) the date of the priority claimed in respect of that application, or which declares the registration invalid to any extent, the registrar may decide that the relevant proceedings shall be dealt with under the 1994 Act as it had effect before regulation 10(1) came into force taking account of the provisions in paragraph (7). 7 A relevant earlier mark on which the relevant proceedings were based may be relied on if or to the same extent that— a the registration of the comparable trade mark (EU) or comparable trade mark (IR) referred to in paragraph (6)(a) is not declared invalid or the registration is not revoked, b the application for registration of a trade mark referred to in paragraph (6)(b) is registered, or c the trade mark referred to in paragraph (6)(c) is not revoked or declared invalid. 8 Where the relevant proceedings are based whether wholly or partially on the ground that there exists a relevant earlier mark which is— a an existing EUTM or an existing IR(EU) which is the subject of an opt out notice, b an existing EUTM application, an existing ITM application or an existing request for EU extension in respect of which— i no application has been made for registration of the same trade mark pursuant to paragraph 25 of Schedule 2A to the 1994 Act or paragraph 28 or 29 of Schedule 2B to the 1994 Act (as the case may be) and the period within which such application must be made, as provided in those paragraphs, has expired, or ii an application for registration of the same trade mark has been made pursuant to the provisions referred to in sub-paragraph (i) and the trade mark has not proceeded to registration whether in whole or in part for any reason, including as a result of the application not being accepted, or it being successfully opposed, withdrawn or abandoned, the relevant proceedings shall be dealt with under the 1994 Act as it had effect before regulation 10(1) came into force except the registrar may decide that the existing EUTM, existing IR(EU), existing EUTM application, existing ITM application or existing request for EU extension (as the case may be) may not be relied upon as an earlier trade mark for the purposes of the relevant proceedings. 9 In this regulation— a “ excluded proceedings ” means opposition or invalidation proceedings which have been the subject of a decision on the substantive issues raised in the proceedings prior to the coming into force of this regulation; b “ final decision ” means a decision which has been determined and there is no possibility of the determination being varied or set aside (disregarding any power to grant permission to appeal out of time); c the terms “ existing EUTM ”, “ comparable trade mark (EU) ” and “ existing EUTM application ” have the meanings given respectively by paragraphs 1(1), 1(2) and 24(1) of Schedule 2A to the 1994 Act; d the term “ opt out notice ”, in relation to an existing EUTM, has the meaning given by paragraph 2(1) of Schedule 2A to the 1994 Act and in relation to an existing IR(EU) has the meaning given by paragraph 2(1) of Schedule 2B to the 1994 Act; e the terms “existing IR(EU)” and “comparable trade mark (IR)” have the meanings given respectively by paragraphs 1(1) and 1(4) of Schedule 2B to the 1994 Act; f the terms “existing ITM application” and “existing request for EU extension” have the meanings given by paragraph 33(7) of Schedule 2B to the 1994 Act. Revocation 11 The Community Designs (Designation of Community Design Courts) Regulations 2005 are revoked. Chris Skidmore Minister of State for Universities, Science, Research and Innovation Department for Business, Energy and Industrial Strategy We consent to the making of these regulations Rebecca Harris Jeremy Quin Two of the Lords Commissioners of Her Majesty's Treasury SCHEDULE 1 Amendments to the Design Regulation and 2005 Regulations relating to the creation and application of the supplementary unregistered design right etc. Regulation 3 PART 1 Design Regulation and supplementary unregistered designs Introductory 1 1 The Design Regulation is amended as set out in this Part. 2 A reference in this Part to an Article is to an Article of the Design Regulation. Substitution of Article 1 – supplementary unregistered designs 2 For Article 1, substitute— Article 1 Supplementary unregistered design 1 A design which complies with the conditions contained in this Regulation is referred to as a “ supplementary unregistered design ”. 2 A design shall be protected as a supplementary unregistered design, if made available to the public in the manner provided for in this Regulation. 3 But a design that is made available to the public before IP completion day is not protected under this Regulation. . Omission of Article 2 (European Union Intellectual Property Office) 3 Omit Article 2. Amendments to Article 3 (definitions) 4 In Article 3, after point (c), insert— d ‘qualifying country’ and ‘qualifying territory’ mean a country or territory designated by regulations made under Article 7. . Amendments to Article 4 (requirements for protection) 5 In Article 4(1), for “Community”, substitute “ supplementary unregistered ” . Amendments to Article 5 (novelty) 6 In Article 5(1)— a in point (a)— i for “an”, substitute “ a supplementary ” ; ii omit “Community”; b omit point (b). Amendments to Article 6 (individual character) 7 In Article 6(1)— a in point (a)— i for “an”, substitute “ a supplementary ” ; ii omit “Community”; b omit point (b). Substitution of Article 7 (disclosure) 8 For Article 7, substitute— Article 7 Disclosure 1 Subject to paragraph 4, for the purposes of applying Articles 5 and 6, a supplementary unregistered design shall be deemed to have been made available to the public where paragraph 2 or 3 applies. 2 This paragraph applies where before IP completion day , the design was published or exhibited, used in trade or otherwise disclosed except where those events could not have become known in the normal course of business to the circles specialised in the sector operating within the European Union. 3 This paragraph applies where on or after IP completion day but before the date mentioned in Articles 5(1)(a) or 6(1)(a), the design was published or exhibited, used in trade or otherwise disclosed except where those events could not have become known in the normal course of business to the circles specialised in the sector operating within the United Kingdom, a qualifying country or a qualifying territory. 4 A design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality. 5 For the purposes of this Regulation, a “qualifying country” is a country designated as such, and a “qualifying territory” is a territory designated as such, in Regulations made by the Secretary of State. 6 Regulations under paragraph 5 are to be made by statutory instrument and are subject to annulment in pursuance of a resolution of either House. Amendments to Articles 8 to 10 (technical function, interconnections, public policy and morality) 9 In Articles 8, 9 and 10(1), for “Community”, in each place it appears, substitute “ supplementary unregistered ” . Amendments to Article 11 (commencement and term of protection of the unregistered Community design) 10 In Article 11— a in the heading— i before “unregistered”, insert “ supplementary ” ; ii omit “Community”; b in point 1— i for “an”, substitute “ a supplementary ” ; ii omit “Community”, the in the first place it appears; iii for “Community”, in the second place it appears, substitute “ United Kingdom, a qualifying country or a qualifying territory ” ; c in paragraph 2, for “Community”, in both places it appears, substitute “ United Kingdom, a qualifying country or a qualifying territory ” . Omission of Articles 12 and 13 (registered Community design: commencement, term of protection and renewal) 11 Omit Articles 12 and 13. Amendment to the heading of section 3 of Title 2 (right to the Community design) 12 In the heading of section 3 of Title 2, for “Community”, substitute “ supplementary unregistered ” . Amendments to Article 14 (right to the Community design) 13 In Article 14— a for “Community”, in each place it appears, including in the heading, substitute “ supplementary unregistered ” ; b in point 3, omit “or specified under national law”. Amendments to Article 15 (claims relating to the entitlement to a Community design) 14 In Article 15— a in the heading, for “Community”, substitute “ supplementary unregistered ” ; b in point 1— i for “an”, substitute “ a supplementary ” ; ii omit “Community”, in the first place it appears; iii omit from “, or a registered” to “name of,”; iv for “the Community”, substitute “ that ” ; c in point 2, for “Community”, substitute “ supplementary unregistered ” ; d in point 3— i omit “the date of publication of a registered Community design or”; ii for “an”, substitute “ a supplementary ” ; iii omit “Community”, in the second place it appears; iv for “the unregistered Community”, substitute “ that ” ; v omit “applied for or”; e omit point 4. Omission of Articles 16 to 18 (effects of a judgment on entitlement, presumption, right to be cited) 15 Omit Articles 16 to 18. Amendment to the heading of section 4 of Title 2 (effects of the Community design) 16 In the heading of section 4 of Title 2, for “Community”, substitute “ supplementary unregistered ” . Amendments to Article 19 (rights conferred by the Community design) 17 In Article 19— a in the heading, for “Community”, substitute “ supplementary unregistered ” ; b in paragraph 1, for “registered Community”, substitute “ supplementary unregistered ” ; c in point 2— i for “An”, substitute “ A supplementary ” ; ii omit “Community”; d omit point 3. Amendments to Article 20 (limitation of the rights conferred by a Community design) 18 In Article 20— a in the heading and in point 1, for “Community”, substitute “ supplementary unregistered ” ; b in point 2— i in the words before point (a), for “Community”, substitute “ supplementary unregistered ” ; ii in points (a) and (b), for “Community”, substitute “ United Kingdom ” . Amendments to Article 21 (exhaustion of rights) 19 In Article 21— a for “Community”, in the first, second and fourth place it appears, substitute “ supplementary unregistered ” ; b for “Community”, in the third place it appears, substitute “United Kingdom or the European Economic Area”. Omission of Articles 22 and 23 (prior use and government use) 20 Omit Articles 22 and 23. Amendments to Article 24 (declaration of invalidity) 21 In Article 24— a omit point 1; b in point 2— i for “Community”, in the first place it appears, substitute “ supplementary unregistered ” ; ii for “the Community design”, substitute “ it ” ; iii omit “or has been surrendered”; c in point 3— i for “Community”, in the first place it appears, substitute “ supplementary unregistered ” ; ii omit “Community”, in the second place it appears. Amendments to Article 25 (grounds for invalidity) 22 In Article 25— a in point 1— i in the words before subparagraph (a), for “Community”, substitute “ supplementary unregistered ” ; ii in point (c), omit “Community”; iii omit point (d); iv in point (e)— aa omit “Community law or”; bb omit “of the Member State”; v in point (f)— aa omit “the”, in the second place it appears; bb omit “of a Member State”; vi in point (g), for “a Member State”, substitute “ the United Kingdom, a qualifying country or a qualifying territory ” ; b in point 2, for “Community”, substitute “ supplementary unregistered ” ; c in point 3— i omit “(d),”; ii omit “the applicant for or”; d omit points 5 and 6. Amendments to Article 26 (consequences of invalidity) 23 In Article 26— a in point 1, for “Community”, substitute “ supplementary unregistered ” ; b in point 2— i omit “the national provisions relating either to”; ii for “Community”, in both places it appears, substitute “ supplementary unregistered ” . Amendment to the heading of Title 3: supplementary unregistered designs as objects of property 24 In the heading of Title 3, for “Community”, substitute “ Supplementary Unregistered ” . Amendments to Article 27: supplementary unregistered design rights as national design rights 25 In Article 27— a for the heading, substitute “ Property right ” ; b for points 1 to 4, substitute “ A supplementary unregistered design is personal property (in Scotland, incorporeal moveable property) which subsists in accordance with this Regulation. ” . Omission to Articles 28 to 31 (transfer, rights in rem, levy and insolvency) 26 Omit Articles 28 to 31. Article 32 (licensing) 27 In Article 32— a in point 1— i for “Community”, in the first place it appears, substitute “ supplementary unregistered ” ; ii omit “for the whole or part of the Community”; b in points 2 to 4, for “Community”, in each place it appears, substitute “ supplementary unregistered ” ; c omit point 5. Omission of Articles 33 to 78 (general provisions) 28 Omit Articles 33 to 78. Amendment to the heading of Title 9 (jurisdiction and procedure in legal actions relating to Community designs) 29 In the heading of Title 9, for “Community”, substitute “ Supplementary Unregistered ” . Omission of Article 79 (application of the Convention on jurisdiction and enforcement) 30 Omit Article 79. Amendment to the heading of section 2 (disputes concerning infringement and validity of designs) of Title 9 31 In the heading of section 2 of Title 9, for “Community”, substitute “ supplementary unregistered ” . Omission of Article 80 (Community design courts) 32 Omit Article 80. Substitution of Article 81 (The “design court” – jurisdiction over infringement and validity) 33 For Article 81, substitute— Article 81 The “design court” – Jurisdiction over infringement and validity 1 In this Regulation, “ design court ” means— a in England and Wales, the High Court; b in Scotland, the sheriff court and the Court of Session; and c in Northern Ireland, the county court and the High Court. 2 The design court has exclusive jurisdiction— a for infringement actions and actions in respect of threatened infringement of supplementary unregistered designs; b for actions for declaration of non-infringement of supplementary unregistered designs; c for actions for a declaration of invalidity of a supplementary unregistered design; d for counterclaims for a declaration of invalidity of ... a supplementary unregistered design raised in connection with actions under (a). Omission of Articles 82 and 83: jurisdiction 34 Omit Articles 82 and 83. Amendments to Article 84 (action or counterclaim for a declaration of invalidity of a supplementary unregistered design) 35 In Article 84— a in the heading and in paragraph 1, for “Community”, substitute “ supplementary unregistered ” ; b in point 2— i before “(4)”, insert “ and ” ; ii omit “and (5)”; c in point 3— i for “Community”, substitute “ supplementary unregistered ” ; ii for “conditions” to “situated”, substitute “ laws applying to the design courts ” ; d in point 4, for “Community”, substitute “ supplementary unregistered ” . Amendments to Article 85 (presumption of validity – defence as to the merits) 36 In Article 85— a omit point 1; b in point 2— i for “an”, in the third place it appears, substitute “ a supplementary ” ; ii omit “Community”, in the first and second places it appears; iii for “Community”, in the third and fourth places it appears, substitute “ supplementary unregistered ” . Amendments to Article 86 (judgments of invalidity) 37 In Article 86— a in point 1— i in the words before point (a)— aa omit “Community”, in the first place it appears; bb for “Community”, in the second place it appears, substitute “ supplementary unregistered ” ; ii in points (a) and (b), for “the Community”, in each place it appears, substitute “ that ” ; b omit points 2 to 5. Omission of Articles 87 and 88 (effect of judgment on invalidity and applicable law) 38 Omit Articles 87 and 88. Amendments to Article 89 (sanctions in actions for infringement) 39 In Article 89— a in point 1— i in the words before point (a)— aa omit “Community”, in the first place it appears; bb for “Community”, in the second place it appears, substitute “ supplementary unregistered ” ; ii in point (a), for “the Community”, substitute “ that ” ; iii in point (d), omit from “the law” to “international”; b omit point 2. Amendments to Article 90 (provisional measures, including protective measures) 40 In Article 90— a in point 1— i omit “of a Member State”; ii omit “Community”, in the first place it appears; iii for “Community”, in the second place it appears, substitute “ supplementary unregistered ” ; iv omit from “under” to the end of the sentence; b in point 2, for “Community”, substitute “ supplementary unregistered ” ; c in point 3— i omit “Community”; ii omit from “whose” to “(4)”; iii omit from “, which” to “jurisdiction”. Omission of Articles 91 and 92 (specific rules on related actions and appeals) 41 Omit Articles 91 and 92. Amendment to the heading of section 3 (other disputes concerning Community designs) of Title 9 42 In the heading of section 3 of Title 9, for “Community”, substitute “ supplementary unregistered ” . Omission of Articles 93 (supplementary provisions on the jurisdiction of national courts) 43 Omit Article 93. Amendments to Article 94 (obligation of the national court) 44 In Article 94— a for “national”, substitute “ design ” , in the heading and the other place it appears; b for “Community”, substitute “ supplementary unregistered ” . Omission of Title 10 (effects on the laws of the Member States) 45 Omit Title 10. Omission of Title 11 (supplementary provisions regarding the Office) 46 Omit Title 11. Omission of Title 11A (international registration) 47 Omit Title 11A. Omission of Articles 107 to 109 (implementing regulation, procedure of Boards of Appeal and Committee) 48 Omit Articles 107 to 109. Omission of Article 110 (transitional provision) 49 In Article 110— a in point 1— i omit from “Until” to “subject,”; ii for “Community”, substitute “ supplementary unregistered ” ; b omit point 2. Omission of Article 110a (provisions relating to the enlargement of the Community) 50 Omit Article 110a. Omission of Article 111 (entry into force) 51 Omit paragraphs 2 and 3. Omission of text after Title 12 52 After Title 12, omit “This Regulation shall be binding it its entirety and directly applicable in all Member States.”. PART 2 2005 Regulations and the supplementary unregistered design right 53 The 2005 Regulations are amended as follows. Regulation 1: interpretation 54 In regulation 1— a for the definitions in paragraph (2), substitute— “ design court ” has the meaning given by Article 81 of the Design Regulation; “ Design Regulation ” means Council Regulation (EC) No 6/2002 of 12th December 2001 on Community Designs as amended by regulation 4(1) of, and Part 1 of Schedule 1 to, the Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2018; and “ supplementary unregistered design ” has the meaning given by Article 1 of the Design Regulation. ; b omit paragraph (3). Regulation 1A: infringement proceedings 55 In regulation 1A— a in paragraph (1) omit “Community”, in both places it appears; b in paragraph (2)— i for “paragraphs (3) to”, substitute “ paragraph ” ; ii for “Community”, in both places where it appears, substitute “ supplementary unregistered ” ; c omit paragraphs (3) and (4); d in paragraph (5)— i for “an”, in both places where it appears before “unregistered”, substitute “a supplementary”; ii omit “Community”, in both places where it appears. Regulation 1B: order for delivery up 56 In regulation 1B— a in paragraph (1)(b)— i for “Community”, in the first and second places where it appears, substitute “ supplementary unregistered ” ; ii omit “Community”, in the third place where it appears; iii before “court”, in the second place where it appears, insert “ design ” ; b in paragraph (2), before “court”, in both places where it appears, insert “ design ” ; c in paragraph (4), for “Community”, substitute “ supplementary unregistered ” ; d in paragraph (8), before “court”, insert “ design ” . Regulation 1C: order for disposal 57 In regulation 1C— a in paragraph (1)— i in the words before sub-paragraph (a), omit “Community”; ii in sub-paragraph (a), for “Community”, substitute “ supplementary unregistered ” ; iii in sub-paragraph (b), before “court”, insert “ design ” ; b in paragraph (2)— i before “court”, insert “ design ” ; ii for “Community”, substitute “ supplementary unregistered ” ; c in paragraphs (3) and (4), before “court”, insert “ design ” . Regulation 1D: meaning of “infringing article” 58 In regulation 1D— a in paragraphs (2), (3)(b) and (4), for “Community”, in each place where it appears, substitute “ supplementary unregistered ” ; b in paragraph (5), for the words from “an enforceable” to the end substitute “ anything which forms part of retained EU law as a result of section 3 or 4 of the European Union (Withdrawal) Act 2018 ” . Regulation 2: unjustified threats: threats of infringement proceedings 59 In regulation 2(1), for “Community”, in both places where it appears, substitute “ supplementary unregistered ” . Regulation 2B: unjustified threats: permitted communications 60 In regulation 2B— a in paragraph (2), for “Community”, in each place where it appears, substitute “ supplementary unregistered ” ; b in paragraph (3), before “court”, insert “ design ” ; c in paragraph (5)— i omit sub-paragraphs (a)(i) and (ii); ii in sub-paragraph (a)(iii)— aa for “an”, substitute “ a supplementary ” ; bb omit “Community”; iii in sub-paragraph (b), for “Community”, in both places where it appears, substitute “ supplementary unregistered ” . Regulation 2C, 2E and 2F: unjustified threats: general 61 1 In regulation 2C(2), for “Community”, substitute “ supplementary unregistered ” . 2 Omit regulation 2E. 3 In regulation 2F, for “Community”, substitute “ supplementary unregistered ” . Regulation 3: false representation 62 Omit regulation 3. Regulation 4: privileged communications 63 In regulation 4— a in paragraph (1), for “any”, in the second place where it appears, substitute “ a supplementary unregistered ” ; b for paragraph (3), substitute— 3 In paragraph (2) “ professional designs representative ” means a person whose name appears on the special list of professional representatives for design matters maintained by the European Union Intellectual Property Office referred to in Article 78(4) of Council Regulation (EC) 6/2002 of 12th December 2001 on Community designs as it had effect immediately before IP completion day . . Regulation 5 and the Schedule: services of the Crown 64 1 In regulation 5— a in the heading, for “Community”, substitute “ supplementary unregistered ” ; b omit “registered Community designs and”; c before “unregistered”, insert “ supplementary ” ; d omit “Community”, in the second place where it appears. 2 In the Schedule— a for “Community”, in each place where it appears, substitute “ supplementary unregistered ” ; b before “court”, in each place where it appears, insert “ design ” ; c omit paragraph 5(6). SCHEDULE 2 Continuing unregistered Community designs Regulation 4 PART 1 Design Regulation and continuing unregistered Community designs 1 1 The Design Regulation applies to a continuing unregistered community design subject to the modifications in this Part. 2 A reference in this Part to an Article is to an Article of the Design Regulation. Article 1: continuing unregistered Community design 2 The Design Regulation has effect in relation to a continuing unregistered community design subject to the modifications in this Schedule. 3 In Article 1— a in the heading, before “Community”, insert “ Continuing unregistered ” ; b in point 1, before “Community” and within the inverted commas, insert “ continuing unregistered ” ; c in point 2(a)— i for “an”, substitute “ a ” ; ii before “unregistered” and within the inverted commas, insert “ continuing ” ; d omit points 2(b) and 3. Article 2: Office 4 Omit Article 2. Article 3: definitions 5 In Article 3, after the definition of “design”, insert “ (ab) “ European Union ” means the countries that were part of the European Union immediately before IP completion day ; ” . Article 4: requirements for protection 6 In Article 4(1), before “Community”, insert “ continuing unregistered ” . Article 5: novelty 7 In Article 5(1)— a before “design” in the first place where it appears, insert “ continuing unregistered Community ” b in point (a)— i omit “in the case of an unregistered Community design,”; ii for “an”, substitute “ a continuing ” ; c omit point (b). Article 6: individual character 8 In Article 6(1)— a before “design” in the first place where it appears insert “ continuing unregistered Community ” b in point (a)— i omit “in the case of an unregistered Community design,”; ii for “an”, substitute “ a continuing ” ; c omit point (b). Article 7: disclosure 9 In Article 7— a in point 1— i after “a”, in the first place where it appears, insert “ continuing unregistered Community ” ; ii omit “following registration or otherwise,”; iii omit “or in Articles 5(1)(b) and 6(1)(b), as the case may be,”; iv for “Community”, where it appears after “operating within the”, substitute “ European Union ” ; b omit points 2 and 3. Articles 8 to 10: technical function, interconnections, public policy, morality and protection 10 In Articles 8, 9 and 10(1), before “Community”, in each place where it appears, substitute “ continuing unregistered ” . Article 11: commencement and term of protection 11 In Article 11— a in point 1— i for “an”, substitute “ a continuing ” ; ii for “Community”, in the second place where it appears, substitute “ European Union ” ; b in point 2, for “Community”, in both places in which it appears, substitute “ European Union ” . Articles 12 and 13: registered Community design: commencement, term of protection and renewal 12 Omit Articles 12 and 13. Article 14: right to the Community design 13 In Article 14— a before “Community”, in each place where it appears including in the heading, insert “ continuing unregistered ” ; b in point 3, omit “or specified under national law”. Article 15: claims relating to the entitlement to a Community design 14 In Article 15— a in the heading, for before “Community”, insert “ continuing unregistered ” ; b in point 1— i for “an”, substitute “ a continuing ” ; ii omit “, or a registered Community design has been applied for or registered in the name of,”; iii for “the Community”, substitute “ that ” ; c in point 2, before “Community”, insert “ continuing unregistered ” ; d in point 3— i omit “the date of publication of a registered Community design or”; ii for “an”, substitute “ a continuing ” ; iii for “the unregistered Community”, substitute “ that ” ; iv omit “applied for or”; e omit point 4. Articles 16 to 18: effects of a judgment on entitlement, presumptions, right to be cited 15 Omit Articles 16 to 18. Article 19: rights conferred by the Community design 16 In Article 19— a in the heading, before “Community”, insert “ continuing unregistered ” ; b in point 1, for “registered”, substitute “ continuing unregistered ” ; c in point 2, for “An”, where it first appears, substitute “ A continuing ” ; d omit point 3. Article 20: limitation of the rights conferred by a Community design 17 In Article 20— a in the heading and in point 1, before “Community”, insert “ continuing unregistered ” ; b in point 2— i in the words before point (a), before “Community”, insert “ continuing unregistered ” ; ii in points (a) and (b), for “Community”, substitute “ United Kingdom ” . Article 21: exhaustion of rights 18 In Article 21— a before “Community”, in the first, second and fourth places where it appears, insert “ continuing unregistered ” ; b before “Community”, in the third place where it appears, insert “ United Kingdom or the ” . Articles 22 and 23: prior use and government use 19 Omit Articles 22 and 23. Article 24: declaration of invalidity 20 In Article 24— a omit point 1; b in point 2— i before “Community”, in both places where it appears, insert “ continuing unregistered ” ; ii omit “or has been surrendered”; c in point 3— i before “Community”, in the first place where it appears, insert “ continuing unregistered ” ; ii omit “Community”, in the second place where it appears. Article 25: grounds for invalidity 21 In Article 25— a in point 1— i in the words before subparagraph (a), before “Community”, insert “ continuing unregistered ” ; ii in point (c), omit “Community”; iii omit point (d); iv in point (e)— aa omit “Community law or”; bb omit “of the Member State”; v in point (f)— aa omit “the”, in the second place where it appears; bb omit “of a Member State”; vi in point (g), for “a Member State”, substitute “ the European Union ” ; b in point 2, before “Community”, insert “ continuing unregistered ” ; c in point 3— i omit “(d),”; ii omit “applicant for or”; d omit points 5 and 6. Article 26: consequences of invalidity 22 In Article 26— a in point 1, before “Community”, insert “ continuing unregistered ” ; b in point 2, in the words before subparagraph (a)— i omit “the national provisions relating either to”; ii before “Community”, in both places where it appears, insert “ continuing unregistered ” . Article 27: Community design rights as national design rights 23 In Article 27— a for the heading, substitute “ Property right ” ; b for points 1 to 4, substitute “ A continuing unregistered Community design right is personal property (in Scotland, incorporeal moveable property) which subsists in accordance with this Regulation. ” . Articles 28 to 31: transfer, rights in rem, levy and insolvency 24 Omit Articles 28 to 31. Article 32: licensing 25 In Article 32— a in point 1— i before “Community” in the first place where it appears, insert “ continuing unregistered ” ; ii omit “for the whole or part of the Community”; b in points 2 to 4, before “Community”, in every place where it appears, insert “ continuing unregistered ” ; c omit points 5. Articles 33 to 78: general provisions 26 Omit Articles 33 to 78. Article 79: Application of the Convention on jurisdiction and enforcement 27 Omit Article 79. Article 80: Community design courts 28 Omit Article 80. Article 81: The “design court” – jurisdiction over infringement and validity 29 For Article 81, substitute— Article 81 The “design court” – Jurisdiction over infringement and validity 1 In this Regulation, “ design court ” means— a in England and Wales, the High Court; b in Scotland, the sheriff court and the Court of Session; and c in Northern Ireland, the county court and the High Court. 2 The design court has exclusive jurisdiction— a for infringement actions and actions in respect of threatened infringement of continuing unregistered Community designs; b for actions for declaration of non-infringement of continuing unregistered Community designs; c for actions for a declaration of invalidity of a continuing unregistered Community design; d for counterclaims for a declaration of invalidity of a continuing ... unregistered Community design raised in connection with actions under (a). Articles 82 and 83 30 For Articles 82 to 83 substitute— Article 82 Pending proceedings concerning a continuing unregistered Community design 1 This paragraph applies where on IP completion day a continuing unregistered Community design is the subject of proceedings which are pending (“pending proceedings”) before a court in the United Kingdom designated for the purposes of Article 80 of the Design Regulation as it had effect immediately before IP completion day . 2 Subject to sub-paragraphs (3) and (4), the provisions contained or referred to in Title IX of the Design Regulation (with the exception of Articles 86(2), (3), (4) and (5) and 91) shall continue to apply to the pending proceedings as if the United Kingdom were still a Member State with effect from IP completion day . 3 Where the pending proceedings involve a claim for infringement or for threatened infringement of a continuing unregistered Community design, without prejudice to any other relief by way of damages, accounts or otherwise available to the proprietor of the design, the design court may grant an injunction to prohibit unauthorised use of the continuing unregistered Community design. 4 For the purposes of this paragraph proceedings are treated as pending on IP completion day if they were instituted but not finally determined before IP completion day . Article 83 Effect of injunction protecting an unregistered Community design 1 This paragraph applies where immediately before IP completion day an injunction is in force prohibiting the performance of acts in the United Kingdom which infringe or would infringe a continuing unregistered Community design (a “relevant injunction”). 2 Subject to any order of the court to the contrary, a relevant injunction will continue to have effect and be enforceable to prohibit the performance of acts which infringe or would infringe the right in a continuing unregistered Community design to the same extent as before IP completion day . . Article 84: action or counterclaim for a declaration of invalidity of a Community design 31 In Article 84— a in the heading and in point 1, before “Community”, insert “ continuing unregistered ” ; b in point 2— i before “(4)”, insert “ and ” ; ii omit “and (5)”; c in point 3— i before “Community”, insert “ continuing unregistered ” ; ii for “conditions” to “situated”, substitute “ laws applying to the design courts ” ; d in point 4, before “Community”, insert “ continuing unregistered ” . Article 85: presumption of validity – defence as to the merits 32 In Article 85— a omit point 1; b in point 2— i for “an”, in the second place where it appears, substitute “ a continuing unregistered ” ; ii omit “Community”, in the second place where it appears; iii before “Community”, in the third and fourth places where it appears, insert “ continuing unregistered ” . Article 86: judgments of invalidity 33 In Article 86— a in point 1— i in the words before point (a)— aa omit “Community”, in the first place it appears; bb before “Community”, in the second place it appears, insert “ continuing unregistered ” ; b in points (a) and (b), for “Community”, in each place where it appears, substitute “ that ” ; c omit points 2 to 5. Articles 87 and 88: sanctions in actions for infringement 34 Omit Articles 87 and 88. Article 89: sanctions in actions for infringement 35 In Article 89— a in point 1— i in the words before subparagraph (a)— aa omit “Community”, in the first place it appears; bb before “Community”, in the second place it appears, insert “ continuing unregistered ” ; ii in point (a), for “the Community”, substitute “ that ” ; iii in point (d), omit from “the law” to “international”; b omit point 2. Article 90: provisional measures, including protective measures 36 In Article 90— a in point 1— i omit “of a Member State”; ii omit “Community”, in the first place it appears; iii before “Community”, in the second place it appears, insert “ continuing unregistered ” ; iv omit from “under the law” to the end of the sentence; b in point 2, before “Community”, insert “ continuing unregistered ” ; c in point 3— i omit “Community”; ii omit from “whose” to “(4)”; iii omit from “, which” to “jurisdiction”. Articles 91 and 92: specific rules on related actions and further appeals 37 Omit Articles 91 and 92. Article 93: supplementary provisions on the jurisdiction of national courts 38 Omit Article 93. Article 94: obligation of the national court 39 In Article 94— a for “national”, in the heading and the other time it appears, substitute “ design ” ; b after “a”, the second times it appears, substitute “ continuing unregistered Community ” . Title 10 40 Omit Title 10. Title 11: supplementary provisions concerning the Office 41 Omit Title 11. Title 11A: international registration 42 Omit Title 11A. Articles 107 to 109: implementing regulation, procedure of Boards of Appeal and Committee 43 Omit Articles 107 to 109. Article 110: transitional provision 44 In Article 110— a in point 1— i omit from “Until” to “subject,”; ii before “Community”, insert “ continuing unregistered ” ; b omit point 2. Article 110a: provisions relating to the enlargement of the Community 45 In Article 110a— a in point 1— i for “ “new Member States(s)”” substitute “ “specified countries” ” ; ii before “Community”, the first time it appears, insert “ continuing unregistered ” ; iii omit “or applied for”; iv for “Member States”, the second time it appears, substitute “ specified countries ” ; v omit from “in order” to the end of the sentence; b omit point 2; c in point 3— i before “Community”, insert “ continuing unregistered ” ; ii for “a new Member State”, substitute “ one or more specified countries ” ; d in point 4— i omit “the applicant or”; ii for “a new Member State”, substitute “ one or more specified countries ” ; iii before “Community”, insert “ continuing unregistered ” ; iv after “Article 25(1) omit “(d)”. e in point 5— i omit the first sentence; ii for “Community”, the second time it appears, substitute “ European Union ” ; iii for “an”, substitute “ a continuing ” . Article 111: entry into force 46 Omit paragraphs 2 and 3. Text after Title 12 47 After Title 12, omit “This Regulation shall be binding it its entirety and directly applicable in all Member States.”. PART 2 2005 Regulations and continuing unregistered Community designs 48 The 2005 Regulations apply to continuing unregistered community designs subject to the following modification. Regulation 1: interpretation 49 In regulation 1— a for the definitions in paragraph (2), substitute— “ design court ” has the meaning given by Article 81 of the Design Regulation; “ Design Regulation ” means Council Regulation (EC) No 6/2002 of 12th December 2001 on Community Designs as amended by regulation 5 of, and Part 1 of Schedule 2 to, the Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2018; and “ continuing unregistered Community design ” has the meaning given by Article 1 of the Design Regulation. ; b omit paragraph (3). Regulation 1A: infringement proceedings 50 In regulation 1A— a in paragraph (1) omit “Community”, in both places where it appears; b in paragraph (2)— i for “paragraphs (3) to”, substitute “ paragraph ” ; ii before “Community”, in both places where it appears, insert “ continuing unregistered ” ; c omit paragraphs (3) and (4); and d in paragraph (5), for “an”, in both places where it appears, substitute “ a continuing ” . Regulation 1B: order for delivery up 51 In regulation 1B— a in paragraph (1)(b)— i before “Community”, in the first and second places where it appears, insert “ continuing unregistered ” ; ii omit “Community”, in the third place where it appears; iii before “court”, in the second place where it appears, insert “ design ” ; b in paragraph (2), before “court”, in both places where it appears, insert “ design ” ; c in paragraph (4), before “Community”, insert “ continuing unregistered ” ; d in paragraph (8), before “court”, insert “ design ” . Regulation 1C: order for disposal 52 In regulation 1C— a in paragraph (1)— i in the words before paragraph (a), omit “Community”; ii in paragraph (a), before “Community”, insert “ continuing unregistered ” ; iii in sub-paragraph (b), before “court”, insert “ design ” ; b in paragraph (2)— i before “court, insert “ design ” ; ii before “Community”, insert “ continuing unregistered ” ; c in paragraphs (3) and (4), before “court”, in each place where it appears, insert “ design ” . Regulation 1D: meaning of “infringing article” 53 In regulation 1D— a in paragraph (2), before “Community”, insert “ continuing unregistered ” ; b in paragraph (3)(b)— i before “Community”, in the first place where it appears, insert “ continuing unregistered ” ; ii omit “Community”, in the second place where it appears; c in paragraph (4), before “Community, in both places where it appears, insert “ continuing unregistered ” ; d in paragraph (5), for “an enforceable” to the end of the sentence, insert “ anything which forms part of retained EU law as a result of section 3 or 4 of the European Union (Withdrawal) Act 2018 . ” . Regulation 2: unjustified threats: threats of infringement proceedings 54 In regulation 2(1), before “Community”, in both places where it appears, insert “ continuing unregistered ” . Regulation 2B: unjustified threats: permitted communications 55 In regulation 2B— a in paragraph (2), before “Community”, in each place where it appears, insert “ continuing unregistered ” ; b in paragraph (3), before “court”, insert “ design ” ; c in paragraph (5)— i omit sub-paragraphs (a)(i) and (ii); ii in sub-paragraph (b), before “Community”, in both places where it appears, insert “ continuing unregistered ” . Regulation 2C, 2E and 2F: unjustified threats: general 56 1 In regulation 2C(2), before “Community”, insert “ continuing unregistered ” . 2 Omit regulation 2E. 3 In regulation 2F, before “Community”, insert “ continuing unregistered ” . Regulation 3: false representation 57 Omit regulation 3. Regulation 4: privileged communications 58 In regulation 4— a in paragraph (1), for “any”, in the second place where it appears, substitute “ a continuing unregistered Community ” ; b for paragraph (3), substitute— 3 In paragraph (2) “ professional designs representative ” means a person whose name appears on— a the special list of professional representatives for design matters maintained by the European Union Intellectual Property Office referred to in Article 78(4) of Council Regulation (EC) 6/2002 of 12th December 2001 on Community designs as it had effect immediately before IP completion day . . Regulation 5 and the Schedule: services of the Crown 59 1 In regulation 5— a in the heading, before “Community”, insert “ continuing unregistered ” ; b for “registered Community designs and” substitute “ continuing ” . 2 In the Schedule— a before “Community”, in each place where it appears, insert “ continuing unregistered ” ; b before “court”, in each place where it appears, insert “ design ” ; c omit paragraph 5(6). SCHEDULE 3 Amendments to the 1949 Act to make provision for certain registered Community designs and International designs to be treated as registered under the 1949 Act from IP completion day and about certain applications for registered Community designs made before IP completion day Regulations 5 1 The 1949 Act is amended as follows. 2 Before section 13, insert— Application of the Act to certain registered Community designs 12A Schedule 1A makes provision— a for registered Community designs (including certain designs whose registration has expired or which have been removed from the register) to be treated as registered under this Act with effect from IP completion day , and b about certain applications for registered Community designs made before IP completion day . Application of the Act to certain international designs 12B Schedule 1B makes provision— a for certain designs which are registered in the international register maintained by the International Bureau of the World Intellectual Property Organization in respect of which the European Union is designated (including certain designs whose registration has expired) to be treated as registered under this Act with effect from IP completion day , and b about certain applications made before IP completion day to register in the international register maintained by the International Bureau of the World Intellectual Property Organization a design in respect of which the European Union is designated. . 3 After Schedule 1, insert— SCHEDULE 1A EUROPEAN COMMUNITY REGISTERED DESIGNS Section 12A PART 1 Existing registered Community designs Designs registered as Community designs to be treated as registered under the Act 1 1 A design which, immediately before IP completion day , is entered in the RCD register and has been published in the Community Designs Bulletin as mentioned in Article 73(1) (an “existing registered Community design”) is to be treated on and after IP completion day as if an application for its registration had been made, and it had been registered, under this Act. 2 A registered design which comes into being by virtue of sub-paragraph (1) is referred to in this Schedule as a “ re-registered design ”. 3 This Act applies to a re-registered design as it applies to other registered designs except as otherwise provided in this Schedule. 4 For the purposes of this Act— a the date of registration of a re-registered design is the date on which the existing registered Community design from which the re-registered design derives was treated as registered under the Community Design Regulation, and b the date of the application of a re-registered design is the date treated, under Article 38, as the date of filing of the application for the registration of the existing registered Community design from which the re-registered design derives. 5 Nothing in this Act authorises the imposition of a fee, or the making of provision by rules or regulations which authorises the imposition of a fee, in respect of any matter relating to a re-registered design (see instead provision made by regulations under Schedule 4 to the European Union (Withdrawal) Act 2018). 6 The following provisions of this Act do not apply to a re-registered design— a section 7A(6); b section 18. 7 In this Schedule— a “ the RCD register ” means the register of registered Community designs maintained under Article 72; b “ the Community Design Regulation ” means Council Regulation (EC) No 6/2002 of 12th December 2001 on Community Designs as it had effect immediately before IP completion day . Entries to be made in the register in relation to designs treated as registered under this Act 2 1 The registrar must as soon as reasonably practicable on or after IP completion day enter a re-registered design in the register of designs. 2 The obligation under section 22(1) (inspection of registered designs) applies to a re-registered design on and after the day on which the re-registered design is entered in the register (notwithstanding that no certificate of registration has been granted). Opt out 3 1  Subject to sub-paragraph (2), the proprietor of an existing registered Community design may at any time on or after IP completion day serve a notice on the registrar that the design is not to be treated as if it had been registered under this Act. 2 A notice under sub-paragraph (1) may not be served where on or after IP completion day — a the re-registered design which derives from the existing registered Community design (or any interest in it)— i has been assigned or otherwise transferred except by an assent by personal representatives, or ii has had an interest created in it by a mortgage, licence or other instrument; or b proceedings based on the re-registered design have been initiated by the proprietor or with the proprietor's consent. 3 A notice served under sub-paragraph (1) must— a identify the existing registered Community design; and b include the name and address of any person having an interest in the existing registered Community design which had effect before IP completion day in the United Kingdom and in respect of which an entry was recorded in the RCD register. 4 A notice under sub-paragraph (1) is of no effect unless the proprietor in that notice certifies that any such person— a has been given not less than three months' notice of the proprietor's intention to serve such a notice; or b is not affected by, or if affected consents to, the notice. 5 Where a notice has been served under sub-paragraph (1)— a the design ceases with effect from IP completion day to be treated as if it had been registered under this Act, b the obligation imposed on the registrar under paragraph 2 (entries to be made in the register in relation to designs treated as registered under this Act) ceases to have effect, and c the registrar must make any necessary amendments to the register. Effect of claim of priority 4 1 This paragraph applies where a right of priority has been claimed in accordance with Article 42 in respect of an existing registered Community design. 2 The proprietor of the re-registered design which derives from the existing registered Community design is to be treated on and after IP completion day as having the same claim of priority. 3 Accordingly, the relevant date for the purposes of establishing whether (or to what extent) the re-registered design is new or has individual character is the date of filing of the application for registration of a design in a convention country which formed the basis for the claim of priority. Unregistered pre-exit transfers 5 1 This paragraph applies where immediately before IP completion day there is a transfer of an existing registered Community design that has not been entered in the RCD register (a “relevant transfer”). 2 Section 19 (registration of assignments, etc.) applies in relation to a relevant transfer as if it were an assignment of the re-registered design which der