Case No. IP-2021-000119

5.The Registered Designs Act 1949 (“the 1949 Act”) is EU-derived retained domestic legislation. As such it is to be interpreted in accordance with the principles of EU law as explained by EU and English courts up to exit day (31 December 2020), specifically where the courts consider equivalent provisions of the Community Design Regulation (EC) No. 6/2002 (“Regulation 6/2002”) and the EU Directive 98/71/EC on the legal protection of designs. This is subject to inconsistent authority from the Supreme Court or Court of Appeal since that date, see s.6 European Union (Withdrawal) Act 2018. Regard may be had to judgments of the CJEU and other EU entities delivered since exit day, including the Board of Appeal of the European Union Intellectual Property Office, see s.6(2) of the 2018 Act. 6.Regulation 6/2002 as amended by Schedule 1 to the Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/638) (“the Design Regulation”) remains in force in the UK as retained EU law. It provides for UK rights in substitution for what were Community Design Rights and continuing protection for former Community unregistered design rights created before exit day. The Design Regulation thus has no direct application to the present case.