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Invalidating a Registered Design

Written by Michael Coyle on 15 September 2016

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A design shall be protected by a right in a registered design to the extent that the design is new and has individual character. A design is new if no identical design or no design whose features differ only in immaterial details has been made available to the public before the relevant date. A design has individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the relevant date.

Invalidation 

A design may be invalidated because it was not new or lacked individual character when compared with an earlier design at the time it was applied form or other reasons under the amended law.

The grounds for invalidation can be found in Section 11ZA of the Registered Designs Act 1949 as amended.

- See more at: http://www.lawdit.co.uk/reading-room/how-to-cancel-or-invalidate-a-registered-design#sthash.U0SuSN8Y.dpuf

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