Copyright, Designs and Patents Act 1988

238 Powers exercisable for protection of the public interest. U.K.

(1) Where the matters specified in a report of the [F1 Competition Commission] as being those which in the Commission’s opinion operate, may be expected to operate or have operated against the public interest include—

(a) conditions in licences granted by a design right owner restricting the use of the design by the licensee or the right of the design right owner to grant other licences, or

(b) a refusal of a design right owner to grant licences on reasonable terms,

the powers conferred by Part I of Schedule 8 to the M1 Fair Trading Act 1973 (powers exercisable for purpose of remedying or preventing adverse effects specified in report of Commission) include power to cancel or modify those conditions and, instead or in addition, to provide that licences in respect of the design right shall be available as of right.

(2) The references in sections 56(2) and 73(2) of that Act, and sections 10(2)(b) and 12(5) of the M2 Competition Act 1980, to the powers specified in that Part of that Schedule shall be construed accordingly.

(3) The terms of a licence available by virtue of this section shall, in default of agreement, be settled by the comptroller.

Textual Amendments

F1 Words in s. 238(1) substituted (1.4.1999) by S.I. 1999/506, art. 23

Marginal Citations

M1 1973 c. 41.

M2 1980 c. 21.