Registered Designs Act 1949, Section 2 is up to date with all changes known to be in force on or before 14 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F1(1)The author of a design shall be treated for the purposes of this Act as the original proprietor of the design, subject to the following provisions.
F2(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B)WhereF3... a design is created by an employee in the course of his employment, his employer shall be treated as the original proprietor of the design.]
(2)Where a design F4. . . becomes vested, whether by assignment, transmission or operation of law, in any person other than the original proprietor, either alone or jointly with the original proprietor, that other person, or as the case may be the original proprietor and that other person, shall be treated for the purposes of this Act as the proprietor of the design F5. . ..
[F6(3) In this Act the “ author ” of a design means the person who creates it.
(4)In the case of a design generated by computer in circumstances such that there is no human author, the person by whom the arrangements necessary for the creation of the design are made shall be taken to be the author.]
Textual Amendments
F1S. 2(1) substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 267(2)
F2S. 2(1A) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 6(1)(a), 24(1); S.I. 2014/2330, art. 3, Sch. (with art. 4)
F3Words in s. 2(1B) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 6(1)(b), 24(1); S.I. 2014/2330, art. 3, Sch. (with art. 4)
F4Words in s. 2(2) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)
F5Words in s. 2(2) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)
F6S. 2(3)(4) inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 267(3)(4)
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