Changes to the Syllabus for 2021
The syllabi for the 2021 examinations have been published, and can be found here. For those of you planning to sit FD1 this year, the relevant syllabi are the FD1 syllabus (obviously), and the FC4 syllabus, which is referenced in the FD1 syllabus in reference to the legislation and rules required for the design aspects of the FD1 exam (see section 16 on page 19 of 22). In case you weren’t aware, question 2 of FD1 is traditionally the ‘design’ question, and previously tended to centre around UK and Community Registered and Unregistered designs.
Due to a little known event at the beginning of the year, design law in the UK has changed quite dramatically. It remains to be seen what the design question will look like now that we are no longer in the EU, but the new syllabus allows us to consider where we might need to spruce up our knowledge. Please note that the summaries below are non-exhaustive.
Summary of Changes to the FD1 Syllabus
Section 1 of the syllabus newly lists the following legislation and rules:
Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act 1999)
Articles 2 to 18
Council Regulation (EC) No. 6/2002 as amended with The Community Design Regulations 2005 as amended
The The Treaty on the Functioning of the EU (EU), EU 34 to 36 and EU 101 to 102 appear to have been removed from this section.
Sections 2 to 8 remain unchanged.
In Section 9, Sections 70A to E in relation to the ‘new’ unjustified threats provisions have been added to the syllabus. This may just be housekeeping as the learning outcomes remain unchanged.
Sections 10 to 15 remain unchanged.
In Section 16, the content has changed such that it now refers to ‘UK and international registered designs, UK design right and UK copyright’. Community registered designs and Community unregistered designs are, perhaps unsurprisingly, off the table. For the Legislation and Rules, we are referred to the syllabus for FC4.
Okay, so let’s look at what changes have happened to the FC4 syllabus…
Summary of Changes to the FC4 Syllabus
Section 1 (General provisions relating to copyright) has a housekeeping change by addition of stating that you might be expected to apply the teachings of the Berne convention to a scenario. FD1 hasn’t, at least for the papers I’ve sat, tested this subject. Nevertheless it is on the syllabus!
Section 2 has changed quite a lot. It used to list the Paris Convention (Arts. 1, 4) and the Hague agreement (Arts. 4, 5, and 6), but now additionally lists the ‘relevant parts’ of the Common Regulations under the 1999 Act and the 1960 Act of the Hague Agreement and Administrative Instructions for the Application of the Hague Agreement.
In addition, it lists ‘EU law’, specifically the Community Design Regulation (CDR) 1, 5 to 9, 11, and 14.
Of interest, the learning outcomes now include knowing key similarities and differences between registered design practice in the UK, EU, USA, China, Japan and the Hague system.
Sections 3 to 11 and 13 no longer list the EU law. Instead, they retain reference to the UK law, and additionally now reference the Hague Agreement in respect of the application process and the duration of the registration. The learning outcomes no longer reference Community design aspects, but instead discussing aspects of the International Application (see e.g. section 6, point f). It will be interesting to see to what extent this indicates a pivot towards International Designs and procedure in the questions written for the exam.
Section 12 retains CDR 1, 5, 6, 7, 8,9, 11, and 14, but additionally references the changes to the unregistered designs website of the UK government.
Section 14 has had two learning outcomes amended, specifically the removal of outlining the rights conferred on performers and persons having recording rights, and outlining the consent required for the recording of live performances. As such, references to CDPA 180 and CDPA 182 have been removed from this section of the syllabus.
Section 15 remains unchanged in its learning outcomes, but CDPA 107 has been removed from the syllabus (despite the learning outcome relating thereto remaining).
Section 16 is newly added, and discusses the provisions relating to EU registered designs either registered or pending at the end of the Brexit transition. The learning outcomes show that being able to discuss and apply these provisions to a scenario is expected, and cites the Withdrawal Agreement, specifically Art.s 54 to 57, 59, and 61. In addition it references Schedule 1A (page 57) and Schedule 1B (Page 67) of the Registered Designs Act.
In addition, the 2021 law update, details that for FC4, candidates are expected to know the transition provisions, and the key issues and outcomes in high profile cases including Cofemel C-683/17 and Beverly Hills Teddy Bear Company v PMS International Plc. Furthermore, it is noted that the law of Chinese designs changes on 01 June 2021, but either the old or new law will suffice, provided it is applied consistently.
Final Thoughts
It will be interesting to see how question 2 changes based on the above changes to the syllabus. Community Design Rights remain on the FC4 syllabus and so it is conceivable we may still be asked about them: only time will tell to what extent the focus is going to shift away therefrom.
I will be writing some Coffee Table Questions about the International Design registration process and the Brexit transitional provisions to try and assist with preparation.
If anyone knows of good resources (other than the legislation) for revising the Brexit provisions and international design processes, then please do leave a comment.
