---

Regulatory Reform (Registered Designs) Order 2006

I am grateful to both speakers for making those points. I think that the first is relatively easy to answer. Obviously, it is possible for the same design to be registered at a national and a Community level. In those circumstances, the latter design registration would be liable to be declared invalid and registering the earlier design will make it easier to enforce and protect it. If you later register a design in the Community which covers the UK but someone can point to an earlier design in the UK, it is clear that that is the one that is declared valid. On searches, it is possible for a person to ask the Patent Office Search and Advisory Service to search prior art. That is a commercial service charged at commercial rates. However, the search extends only to registered designs, not to designs in the market place that may have anticipated the demands. So, in this particular case, there is a commercial service but it applies only to the registered designs. I think that the Australian model could not be effected without requiring primary legislation, but I will write to the noble Lord on that point. I commend the order to the Committee. On Question, Motion agreed to.