Commentary Part 1: DESIGNS Section 9: UK Registered design – The Register: changes of ownership and inspection of documents
32.Subsection (1) amends section 19 of the RDA by removing subsection (3A). Subsection (3A) was inserted into the RDA when the UK unregistered design right was created in the CDPA. It requires the registrar(3) (the head of the UK designs registry at the IPO) not to amend the details on the register for a registered design unless satisfied that the same changes also applied to any associated unregistered design right. It was intended to make sure that any unregistered design right was not ‘separated’ from its registered design counterpart if, for example, the ownership of the registered right was transferred to another party. This tying together of the two UK rights is out of step with the way EU rights are treated. Removing section 19(3A) is intended to remove barriers to keeping the register up to date.
33.Subsections (2),(3),(4) and (5) amend section 22 of the RDA to allow for the provision of information to the public in both hard copy and electronically. Subsection (4) inserts a new provision into section 22 which enables documents associated with a specific case to be viewed via electronic means, at a time and place convenient to anyone wishing to view it. In practice this will mean that relevant documents relating to a registered design will be available for online inspection. It is expected that this provision will be commenced once electronic systems are in place at the IPO to provide for such inspection. Until that time, access to hard copy files will continue and will in any event continue to be available thereafter.
34.Subsection (5) introduces new provisions into section 22 of the RDA which enable the Secretary of State to specify in rules cases in which information will not be made available for the public to view either in hard copy or electronically. The rules could, for example, specify cases of information which are considered confidential, information which is immoral or offensive, or information produced for internal communication only within the IPO.