Technical Function. Section 1C states:

Technical Function. Your application is not acceptable under Section 1C(1) of the Designs Act 1949 as it appears to have been designed in this way solely to perform its technical function of a facemask frame which will fit inside of a facemask in order to secure the mask around the wearers face. A frame is a rigid structure that surrounds something, in this instance a facemask, and this rigid structure will resist movement, staying in place in order to do its job of protecting the wearers face from dust. Registration is not permitted in cases where the technical function dictates the appearance of the product to the extend that it restricts design freedom and it is therefore not possible to create a new design. There is also an objection under 1C(2) of the Act. This states the following: "A right in a registered design shall not subsist in features of appearance of a product which must necessarily be reproduced in their exact form and dimensions so as to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to, or place in, around or against, another product so that either product may perform its function". It appears that the frame for a dust mask would have to be made to specific dimensions so that it was able to fit inside the facemask and secure it around a wearers face and resist movement in order to protect them from dust and other particles and for this reason it would fall foul of the above section of the Act.

Technical Function. Your design consists of a basic face mask which allows the user to protect themselves and reduce the spread of i.e. germs. It would appear that the product has been designed to purely obtain a technical function. All of the features of the design, i.e. the ear straps, the perforated front section which allows the mask to be fixed away from the face, and the ergonomically-shaped protective face panel are necessary, and essential, in order that the product may perform its technical function of allowing the user to wear the product over their airways to protect them from contact with harmful viruses, thus reducing the spread of germs. It is the technical function that has determined these features. Therefore, an objection has been raised under section 1(C)1 of the RDA which states: ‘a right in a registered design shall not subsist in features of appearance of a product which are solely dictated by the product’s technical function. Next steps Your application cannot proceed unless the above objection is overcome. If you would like to discuss your application you can write, e-mail, or telephone me. My contact details are shown at the top of this letter. Alternatively, you can request a Hearing with a Senior Officer of the Registry. If you do not reply by the date shown above, your application will be refused under Section 3A of the Registered Designs Act 1949.

Technical Function. Your application is unacceptable under Section 1C(1) of the Registered Designs Act 1949 as it appears to have been designed in this way to solely perform a technical function. Your design appears to be a visor pinlock which creates a double glazed window effect when the pinlock visor is inserted or attached to the helmet, this would mean that the design itself would have been ergonomically designed to fit the face/cover the eyes and would have to be made to specific dimensions in order to insert into the helmet visor. Its sole function is a protective safety device which protects a wearers eyes from debris, pollen, bugs etc and to protect the users’ vision whilst riding. The overall shape of the design is necessary, and essential, for the product to fulfil its technical function as a safety device and to securely fit into the helmet. Registration is not permitted in cases where the technical function dictates the appearance of the product to the extent that it restricts design freedom and it is therefore not possible to create a new design. There is also an objection under 1C(2) of the Registered Designs Act 1949 which states the following: "A right in a registered design shall not subsist in features of appearance of a product which must necessarily be reproduced in their exact form and dimensions so as to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to, or place in, around or against, another product so that either product may perform its function". It appears that the helmet shield would have to be made to specific dimensions so that it was able to fit the product to which it is intended to be applied (i.e. inside the helmet to protect the wearers eyes) and for this reason it would fall foul of the above section of the Act.

Technical Function. Your design consists of a face mask that allows the user to protect themselves and reduce the spread of i.e. germs. It would appear the product has been designed to purely obtain a technical function. All of the features of the design, i.e. the straps for fitting the product around the ears to keep it in place, the front to cover the airways, size and shape of the product as a whole are necessary, and essential, in order that the product may perform its technical function of allowing the user to wear the product over their airways in order to protect themselves avoiding contact with harmful viruses or airborne debris. It is the technical function that has determined these features. Therefore, an objection has been raised under section 1(C)1 of the RDA which states:

Technical Function. Your design consists of a hat with protective face mask attached that would allow the user to protect themselves and reduce the spread of i.e. germs. It would appear the product has been designed to purely obtain a technical function. All the features of the design, i.e. the cap shape to fit a wearers head, the clips to hold the mask in place and the ergonomic shape to fit the face are necessary, and essential, in order that the product may perform its technical function. The function appears to be to allow the user to wear the product over their head/facial area in order to cover and protect their airways, enabling them to avoid contact with harmful viruses, thus reducing the spread of germs. It is the technical function that has determined these features.

Related to Technical Function

Primary Function (a) The primary function of the troubleshooter shall be to address concerns of bargaining unit employees who seek a determination of their employment status (an employee of regular status or an employee of auxiliary status) pursuant to the terms of this Collective Agreement.
Mixed Functions An employee engaged for more than two hours during one day or shift on duties carrying a higher rate than his or her ordinary classification shall be paid the higher rate for such day or shift. If for two hours or less during one day or shift he or she shall be paid the higher rate for the time so worked.
ESSENTIAL FUNCTIONS  Performs all nursing duties in accordance with the state Nursing Act specific to the state you are working in, while adhering to all facility policies and procedures.  Assists the physician with procedures and treatments. Administers treatments including sterile procedures.  Is able to recognize significant changes in the condition of residents and take necessary action. Having working knowledge of all residents under his/her care.  Collaborates with other health care providers and provides education to patients and/or significant others (while in compliance with HIPAA).  Is responsible during the shift for the total nursing care of residents in his/her assigned unit, which includes lifting, transferring and supporting residents who weigh 50 pounds or more.  Proficient in oral and written communication skills  Abides by policies of facility and ascertain that employees under her supervision do the same.  Ensures that all personnel who work under his/her direction observe the rules of Universal Precautions and the Blood Borne Pathogen rules.
MANAGEMENT FUNCTION 3.01 The Union recognizes the right of the Company to hire, promote, transfer, demote and layoff employees and to suspend, discharge or otherwise discipline employees for just cause subject to the right of any employee to lodge a grievance in the manner and to the extent as herein provided. The Union further recognizes the right of the Company to operate and manage its business in all respects, to maintain order and efficiency in its operations, and to determine the location of its operations, its products, the scheduling of its operations and its methods, processes, and means of conducting its business. The Union further acknowledges that the Company has the right to make and alter, from time to time, rules and regulations to be observed by employees, which rules and regulations shall not be inconsistent with the provisions of this Agreement.
Commercially Useful Function a Small Local Business Enterprise or Emerging Local Business Enterprise (SLBE/ELBE) performs a commercially useful function when it is responsible for execution of the work and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the SLBE/ELBE shall also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quantity and quality, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether an SLBE/XXXX is performing a commercially useful function, an evaluation will be performed of the amount of work subcontracted, normal industry practices, whether the amount the SLBE/ELBE firm is to be paid under the contract is commensurate with the work it is actually performing and the SLBE/ELBE credit claimed for its performance of the work, and other relevant factors. Specifically, a SLBE/ELBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of meaningful and useful SLBE/ELBE participation, when in similar transactions in which SLBE-ELBE firms do not participate, there is no such role performed. Disadvantaged Business Enterprise (DBE): a certified business that is (1) at least fifty-one (51%) owned by socially and economically Disadvantaged Individuals, or, in the case of a publicly owned business at least fifty-one percent (51%) of the stock is owned by one or more socially and economically Disadvantaged Individuals; and (2) whose daily business operations are managed and directed by one or more socially and economically disadvantaged owners. Disadvantaged Individuals include Black Americans, Hispanic Americans, Asian Americans, and other minorities, or individual found to be disadvantaged by the Small Business Administration pursuant to Section 8 of the Small Business Reauthorization Act. Disabled Veteran Business Enterprise (DVBE): a certified business that is (1) at least fifty-one percent (51%) owned by one or more disabled veterans; and (2) business operations must be managed and controlled by one or more disabled veterans. Disabled Veteran is a veteran of the U.S. military, naval, or air service; the veteran must have a service-connected disability or at least 10% or more; and the veteran must reside in California. The firm shall be certified by the State of California’s Department of General Services, Office of Small and Minority Business. Emerging Business Enterprise (EBE): a business whose gross annual receipts do not exceed the amount set by the City Manager, and which meets all other criteria set forth in the regulations implementing the City’s Small and Local Business Preference Program. The City Manager shall review the threshold amount for EBEs on an annual basis, and adjust as necessary to reflect changes in the marketplace. Emerging Local Business Enterprise (ELBE): a Local Business Enterprise that is also an Emerging Business Enterprise. Local Business Enterprise (LBE): a firm having a Principal Place of Business and a Significant Employment Presence in San Diego County, California, that has been in operation for 12 consecutive months and a valid business tax certificate. This definition is subsumed within the definition of Small Local Business Enterprise. Minority Business Enterprise (MBE): a certified business that is (1) at least fifty-one percent (51%) owned by one or more minority individuals, or, in the case of a publicly owned business at least fifty- one percent (51%) of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more minorities owners. Minorities include the groups with the following ethnic origins: African, Asian Pacific, Asian Subcontinent, Hispanic, Native Alaskan, Native American, and Native Hawaiian. Other Business Enterprise (OBE): any business which does not otherwise qualify as Minority, Woman, Disadvantaged or Disabled Veteran Business Enterprise. Principal Place of Business: a location wherein a firm maintains a physical office and through which it obtains no less than fifty percent (50%) of its overall customers or sales dollars. Significant Employee Presence: no less than twenty-five percent (25%) of a business’s total number of employees are domiciled in San Diego County. Small Business Enterprise (SBE): a business whose gross annual receipts do not exceed the amount set by the City Manager, and that meets all other criteria set forth in regulations implementing the City’s Small and Local Business Preference Program. The City Manager shall review the threshold amount for SBEs on an annual basis, and adjust as necessary to reflect changes in the marketplace. A business certified as a DVBE by the State of California, and that has provided proof of such certification to the City Manager, shall be deemed to be an SBE. Small Local Business Enterprise (SLBE): a Local Business Enterprise that is also a Small Business Enterprise. Women Business Enterprise (WBE): a certified business that is (1) at least fifty-one percent (51 %) owned by a woman or women, or, in the case of a publicly owned business at least fifty-one percent (51%) of the stock is owned by one or more women; and (2) whose daily business operations are managed and directed by one or more women owners.
MANAGEMENT FUNCTIONS B-1 The Association recognizes that the management of the Hospital and the direction of the working forces are fixed exclusively in the Hospital and shall remain solely with the Hospital except as specifically limited by the provisions of this Agreement, and without restricting the generality of the foregoing, the Association acknowledges that it is the exclusive function of the Hospital to:
Operations Support Systems Functions CBT shall provide CLEC, upon CLEC's request, nondiscriminatory access to CBT's Operations Support Systems functions for pre-ordering, ordering, provisioning, maintenance and repair and billing, in accordance with the terms and schedules established in the Commission’s Arbitration Award in Case No. 97-152-TP-ARB, August 14, 1997 (“Arbitration Award”). CBT shall provide CLEC advance written notice of any material changes to CBT operating support systems functions.
Additional Functionality Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
Governmental Function In accordance with C.G.S. § 1-218, if the amount of this Contract exceeds two million five hundred thousand dollars ($2,500,000), and the Contractor is a "person" performing a "governmental function", as those terms are defined in C.G.S. § 1 200(4) and (11), the Agency is entitled to receive a copy of the Records and files related to the Contractor's performance of the governmental function, which may be disclosed by the Agency pursuant to the FOIA.
Drug and Alcohol Testing – Safety-Sensitive Functions A. Employees required to have a Commercial Driver’s License (CDL) are subject to pre-employment, post-accident, random and reasonable suspicion testing in accordance with the U.S. Department of Transportation rules, Coast Guard Regulations (46 CFR Part 16) or the Federal Omnibus Transportation Employee Testing Act of 1991. The testing will be conducted in accordance with current Employer policy.

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