Copyright, Designs and Patents Act 1988

Qualification for design right protection U.K.

217 Qualifying individuals and qualifying persons. U.K.

(1) In this Part—

• F1 ...

• [F2 “ qualifying person ” means—

(a) an individual habitually resident in a qualifying country, or

(b) a body corporate or other body having legal personality which—

(i) is formed under the law of a part of the United Kingdom or another qualifying country, and

(ii) has in any qualifying country a place of business at which substantial business activity is carried on.]

(2) References in this Part to a qualifying person include the Crown and the government of any other qualifying country.

(3) In this section “qualifying country” means—

(a) the United Kingdom,

(b) a country to which this Part extends by virtue of an Order under section 255,

(c) another member State of the [F3 European Union], or

(d) to the extent that an Order under section 256 so provides, a country designated under that section as enjoying reciprocal protection.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In determining for the purpose of the definition of “qualifying person” whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country.

Textual Amendments

F1 Words in s. 217(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(1)(a), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F2 Words in s. 217(1) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 3(1)(b), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F3 Words substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 4

F4 S. 217(4) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(2), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

218 Qualification by reference to designer. U.K.

(1) This section applies to a design which is not created F5 ...in the course of employment.

(2) A design to which this section applies qualifies for design right protection if the designer is F6 ... a qualifying person.

(3) A joint design to which this section applies qualifies for design right protection if any of the designers is F7 ... a qualifying person.

(4) Where a joint design qualifies for design right protection under this section, only those designers who are F8 ... qualifying persons are entitled to design right under section 215(1) (first ownership of design right: entitlement of designer).

Textual Amendments

F5 Words in s. 218(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(b), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F6 Words in s. 218(2) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(3)(a), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F7 Words in s. 218(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(3)(b), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F8 Words in s. 218(4) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(3)(c), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

219 [F9 Qualification by reference to employer]. U.K.

(1) A design qualifies for design right protection if it is created [F10 in the course of employment with ] a qualifying person.

(2) In the case of F11 ... joint employment a design qualifies for design right protection if any of the F11 ... employers is a qualifying person.

(3) Where a design which is F12 ... created in the course of joint employment qualifies for design right protection under this section, only those F12 ... employers who are qualifying persons are entitled to design right under section [F13 215(3)] (first ownership of design right: entitlement of F12 ... employer).

Textual Amendments

F9 S. 219 heading substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(c), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F10 Words in s. 219(1) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(c), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F11 Words in s. 219(2) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(d), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F12 Words in s. 219(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(e), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F13 Word in s. 219(3) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(f), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

220 Qualification by reference to first marketing. U.K.

(1) A design which does not qualify for design right protection under section 218 or 219 (qualification by reference to designerF14 ... or employer) qualifies for design right protection if the first marketing of articles made to the design—

(a) is by a qualifying person F15 ..., and

(b) takes place in the United Kingdom, another country to which this Part extends by virtue of an Order under section 255, or another member State of the [F16 European Union].

(2) If the first marketing of articles made to the design is done jointly by two or more persons, the design qualifies for design right protection if any of those persons meets the [F17 requirement] specified in subsection (1)(a).

(3) In such a case only the persons who meet [F18 that requirement ] are entitled to design right under section 215(4) (first ownership of design right: entitlement of first marketer of articles made to the design).

F19 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Word in s. 220(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(g), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F15 Words in s. 220(1)(a) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(4)(a), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F16 Words substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 4

F17 Word in s. 220(2) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 3(4)(b), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F18 Words in s. 220(3) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 3(4)(c), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F19 S. 220(4) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(4)(d), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

221 Power to make further provision as to qualification. U.K.

(1) Her Majesty may, with a view to fulfilling an international obligation of the United Kingdom, by Order in Council provide that a design qualifies for design right protection if such requirements as are specified in the Order are met.

(2) An Order may make different provision for different descriptions of design or article; and may make such consequential modifications of the operation of sections 215 (ownership of design right) and sections 218 to 220 (other means of qualification) as appear to Her Majesty to be appropriate.

(3) A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.