The Community Design Regulations 2005

Rights of third parties in case of Crown use U.K.

3.—(1) The provisions of any licence, assignment or agreement made between the holder of the [F1 supplementary unregistered] design (or anyone deriving title from him or from whom he derives title) and any person other than a government department are of no effect in relation to Crown use of a [F1 supplementary unregistered] design, or any act incidental to Crown use, so far as they—

(a) restrict or regulate anything done in relation to the [F1 supplementary unregistered] design, or the use of any model, document or other information relating to it, or

(b) provide for the making of payments in respect of, or calculated by reference to such use;

and the copying or issuing to the public of copies of any such model or document in connection with the thing done, or any such use, shall be deemed not to be an infringement of any copyright in the model or document.

(2) Sub-paragraph (1) shall not be construed as authorising the disclosure of any such model, document or information in contravention of the licence, assignment or agreement.

(3) Where an exclusive licence is in force in respect of the [F1 supplementary unregistered] design—

(a) if the licence was granted for royalties—

(i) any agreement between the holder of the [F1 supplementary unregistered] design and a government department under paragraph 2 (settlement of terms for Crown use) requires the consent of the licensee, and

(ii) the licensee is entitled to recover from the holder of the [F1 supplementary unregistered] design such part of the payment for Crown use as may be agreed between them or, in default of agreement, determined by the [F2 design] court;

(b) if the licence was granted otherwise than for royalties—

(i) paragraph 2 applies in relation to anything done which but for paragraph 1 (Crown use) and sub-paragraph (1) would be an infringement of the rights of the licensee with the substitution for references to the holder of the [F1 supplementary unregistered] design of references to the licensee, and

(ii) paragraph 2 does not apply in relation to anything done by the licensee by virtue of an authority given under paragraph 1.

(4) Where the [F1 supplementary unregistered] design has been assigned to the holder of the [F1 supplementary unregistered] design in consideration of royalties—

(a) paragraph 2 applies in relation to Crown use of the [F1 supplementary unregistered] design as if the references to the holder of the [F1 supplementary unregistered] design included the assignor, and any payment for Crown use shall be divided between them in such proportion as may be agreed or, in default of agreement, determined by the [F2 design] court; and

(b) paragraph 2 applies in relation to any act incidental to Crown use as it applies in relation to Crown use of the [F1 supplementary unregistered] design.

(5) Where any model, document or other information relating to a [F1 supplementary unregistered] design is used in connection with Crown use of the design, or any act incidental to Crown use, paragraph 2 applies to the use of the model, document or other information with the substitution for the references to the holder of the [F1 supplementary unregistered] design of references to the person entitled to the benefit of any provision of an agreement rendered inoperative by sub-paragraph (1).

(6) In this paragraph—

“act incidental to Crown use” means anything done for the services of the Crown to the order of a government department by the holder of the [F1 supplementary unregistered] design in respect of a design;

“payment for Crown use” means such amount as is payable by the government department concerned by virtue of paragraph 2; and

“royalties” includes any benefit determined by reference to the use of the [F1 supplementary unregistered] design.

Textual Amendments

F1 Words in Sch. substituted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 1 para. 64(2)(a) (with reg. 4, Sch. 2 Pt. 2) (as amended by S.I. 2020/1050, regs. 1(2), 14, 20); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Sch. inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 1 para. 64(2)(b) (with reg. 4, Sch. 2 Pt. 2) (as amended by S.I. 2020/1050, regs. 1(2), 14, 20); 2020 c. 1, Sch. 5 para. 1(1)