SCHEDULE 25 Minor and Consequential Amendments
Enterprise Act 2002 (2002 c 40) | Legislation

SCHEDULE 25 Minor and Consequential Amendments

Section 278

Registered Designs Act 1949 (c 88)

1

(1)     The Registered Designs Act 1949 is amended as follows.

(2)     In section 11A(1) (powers exercisable in consequence of report of Competition Commission), paragraphs (a) and (b) shall cease to have effect.

(3)     After section 11A there is inserted—

“11AB Powers exercisable following merger and market investigations

(1)     Subsection (2) below applies where—

(a)     section 41(2), 55(2), 66(6), 75(2), 83(2), 138(2), 147(2) or 160(2) of, or paragraph 5(2) or 10(2) of Schedule 7 to, the Enterprise Act 2002 (powers to take remedial action following merger or market investigations) applies;

(b)     the Competition Commission or (as the case may be) the Secretary of State considers that it would be appropriate to make an application under this section for the purpose of remedying, mitigating or preventing a matter which cannot be dealt with under the enactment concerned; and

(c)     the matter concerned involves conditions in licences granted in respect of a registered design by its proprietor restricting the use of the design by the licensee or the right of the proprietor to grant other licences.

(2)     The Competition Commission or (as the case may

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