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Copyright, Designs and Patents Act 1988

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Copyright, Designs and Patents Act 1988 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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Changes and effects yet to be applied to :

  • s. 144 cross-heading words inserted by S.I. 2019/93, Sch. 1 para. 2A(2) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 144 heading words inserted by S.I. 2019/93, Sch. 1 para. 2A(3)(c) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 48(6) words omitted by 2012 c. 7 Sch. 14 para. 52
  • s. 114A(2)(bb) words substituted by 2024 c. 13 Sch. 21 para. 6(2)
  • s. 114B(15) words substituted by 2024 c. 13 Sch. 21 para. 6(3)
  • s. 144(1) word inserted by S.I. 2019/93, Sch. 1 para. 2A(3)(a)(i) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 144(1) words inserted by S.I. 2019/93, Sch. 1 para. 2A(3)(a)(ii) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 144(2) word inserted by S.I. 2019/93, Sch. 1 para. 2A(3)(b) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 204A(2)(bb) words substituted by 2024 c. 13 Sch. 21 para. 6(4)
  • s. 204B(15) words substituted by 2024 c. 13 Sch. 21 para. 6(5)
  • s. 238(1) word inserted by S.I. 2019/93, Sch. 1 para. 2A(4)(a)(i) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 238(1) words inserted by S.I. 2019/93, Sch. 1 para. 2A(4)(a)(ii) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 249(1) words substituted by 2007 c. 15 s. 143(3)(a) (This amendment not applied to legislation.gov.uk. S. 143 repealed *6.4.2015) by 2014 c. 18, ss. 10(11), 24(1); S.I. 2015/165, art. 3)
  • s. 249(2) repealed by 2007 c. 15 Sch. 23 Pt. 6 (This amendment not applied to legislation.gov.uk. 2007 c. 15, s. 143 was repealed (6.4.2015) by Intellectual Property Act 2014 (c. 18), ss. 10(11), 24(1); S.I. 2015/165, art. 3)
  • s. 297C(2)(bb) words substituted by 2024 c. 13 Sch. 21 para. 6(6)
  • s. 297D(15) words substituted by 2024 c. 13 Sch. 21 para. 6(7)
  • Sch. 2 para. 6B(2) words substituted by 2010 c. 24 s. 43(8)(b) (This amendment not applied to legislation.gov.uk. The amending provision 2010 c. 24 s. 43(8)(b) was fully repealed on 1.6.2014)
  • Sch. 2A para. 17(1) word inserted by S.I. 2019/93, Sch. 1 para. 2A(5)(a)(i) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Sch. 2A para. 17(2) word inserted by S.I. 2019/93, Sch. 1 para. 2A(5)(b) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Sch. 2A para. 17(1) words inserted by S.I. 2019/93, Sch. 1 para. 2A(5)(a)(ii) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Sch. 2A para. 17 heading words inserted by S.I. 2019/93, Sch. 1 para. 2A(5)(c) (as inserted) by S.I. 2019/1245 reg. 18 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Sch. 3 para. 17 repealed by 2007 c. 15 Sch. 23 Pt. 6

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 249(1A) inserted by 2007 c. 15 s. 143(3)(b) (This amendment not applied to legislation.gov.uk. 2007 c. 15, s. 143 was repealed (6.4.2015) by Intellectual Property Act 2014 (c. 18), ss. 10(11), 24(1); S.I. 2015/165, art. 3)

  1. Introductory Text

  2. Part I Copyright

    1. Chapter I Subsistence, ownership and duration of copyright

      1. Introductory

        1. 1.Copyright and copyright works.

        2. 2.Rights subsisting in copyright works.

      2. Descriptions of work and related provisions

        1. 3.Literary, dramatic and musical works.

        2. 3A.Databases

        3. 4.Artistic works.

        4. 5A.Sound recordings.

        5. 5B.Films.

        6. 5.Sound recordings and films.

        7. 6.Broadcasts.

        8. 6A.Safeguards in case of certain satellite broadcasts.

        9. 7.Cable programmes.

        10. 8.Published editions.

      3. Authorship and ownership of copyright

        1. 9.Authorship of work.

        2. 10.Works of joint authorship.

        3. 10A.Works of co-authorship

        4. 11.First ownership of copyright.

      4. Duration of copyright

        1. 12.Duration of copyright in literary, dramatic, musical or artistic works.

        2. 13A.Duration of copyright in sound recordings.

        3. 13B.Duration of copyright in films.

        4. 13.Duration of copyright in sound recordings and films.

        5. 14.Duration of copyright in broadcasts . . . .

        6. 15.Duration of copyright in typographical arrangement of published editions.

        7. 15A.Meaning of country of origin.

    2. Chapter II Rights of Copyright Owner

      1. The acts restricted by copyright

        1. 16.The acts restricted by copyright in a work.

        2. 17.Infringement of copyright by copying.

        3. 18.Infringement by issue of copies to the public.

        4. 18A.Infringement by rental or lending of work to the public.

        5. 19.Infringement by performance, showing or playing of work in public.

        6. 20.Infringement by communication to the public

        7. 21.Infringement by making adaptation or act done in relation to adaptation.

      2. Secondary infringement of copyright

        1. 22.Secondary infringement: importing infringing copy.

        2. 23.Secondary infringement: possessing or dealing with infringing copy.

        3. 24.Secondary infringement: providing means for making infringing copies.

        4. 25.Secondary infringement: permitting use of premises for infringing performance.

        5. 26.Secondary infringement: provision of apparatus for infringing performance, &c.

      3. Infringing copies

        1. 27.Meaning of “infringing copy”.

    3. Chapter III Acts Permitted in relation to Copyright Works

      1. Introductory

        1. 28.Introductory provisions.

      2. General

        1. 28A.Making of temporary copies

        2. 28B.Personal copies for private use

        3. 29.Research and private study.

        4. 29A.Copies for text and data analysis for non-commercial research

        5. 30.Criticism, review, quotation and news reporting.

        6. 30A.Caricature, parody or pastiche

        7. 31.Incidental inclusion of copyright material.

      3. Disability

        1. 31A.Disabled persons: copies of works for personal use

        2. 31B.Making , communicating, making available, distributing or lending of accessible copies by authorised bodies

        3. 31BA.Making , communicating, making available, distributing or lending of intermediate copies by authorised bodies

        4. 31BB.Accessible and intermediate copies: records and notification

        5. 31C.

        6. 31D.

        7. 31E.

        8. 31F.Sections 31A to 31BB: interpretation and general

      4. Education

        1. 32.Illustration for instruction

        2. 33.Anthologies for educational use.

        3. 34.Performing, playing or showing work in course of activities of educational establishment.

        4. 35.Recording by educational establishments of broadcasts

        5. 36.Copying and use of extracts of works by educational establishments

        6. 36A.Lending of copies by educational establishments

      5. Libraries and archives

        1. 37.Libraries and archives: introductory.

        2. 38.Copying by librarians: articles in periodicals.

        3. 39.Copying by librarians: parts of published works.

        4. 40.Restriction on production of multiple copies of the same material.

        5. 40A.Lending of copies by libraries or archives.

        6. 40B.Libraries and educational establishments etc : making works available through dedicated terminals

        7. 41.Copying by librarians: supply of single copies to other libraries

        8. 42.Copying by librarians etc : replacement copies of works

        9. 42A.Copying by librarians: single copies of published works

        10. 43.Copying by librarians or archivists: single copies of unpublished works

        11. 43A.Sections 40A to 43: interpretation

        12. 44.Copy of work required to be made as condition of export.

        13. 44A.Legal deposit libraries

      6. Orphan works

        1. 44B.Permitted uses of orphan works

      7. Public administration

        1. 45.Parliamentary and judicial proceedings.

        2. 46.Royal Commissions and statutory inquiries.

        3. 47.Material open to public inspection or on official register.

        4. 48.Material communicated to the Crown in the course of public business.

        5. 49.Public records.

        6. 50.Acts done under statutory authority.

      8. Computer programs: lawful users

        1. 50A.Back up copies.

        2. 50B.Decompilation.

        3. 50BA.Observing, studying and testing of computer programs

        4. 50C.Other acts permitted to lawful users.

      9. Databases: permitted acts

        1. 50D.Acts permitted in relation to databases.

      10. Designs

        1. 51.Design documents and models.

        2. 52.Effect of exploitation of design derived from artistic work.

        3. 53.Things done in reliance on registration of design.

      11. Typefaces

        1. 54.Use of typeface in ordinary course of printing.

        2. 55.Articles for producing material in particular typeface.

      12. Works in electronic form

        1. 56.Transfers of copies of works in electronic form.

      13. Miscellaneous: literary, dramatic, musical and artistic works

        1. 57.Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author.

        2. 58.Use of notes or recordings of spoken words in certain cases.

        3. 59.Public reading or recitation.

        4. 60.Abstracts of scientific or technical articles.

        5. 61.Recordings of folksongs.

        6. 62.Representation of certain artistic works on public display.

        7. 63.Advertisement of sale of artistic work.

        8. 64.Making of subsequent works by same artist.

        9. 65.Reconstruction of buildings.

      14. Miscellaneous: lending of works and playing of sound recordings

        1. 66.Lending to public of copies of certain works.

      15. MISCellaneous: films and sound recordings

        1. 66A.Films: acts permitted on assumptions as to expiry of copyright, &c.

        2. 67.Playing of sound recordings for purposes of club, society, &c.

      16. Miscellaneous: broadcasts . . .

        1. 68.Incidental recording for purposes of broadcast . . . .

        2. 69.Recording for purposes of supervision and control of broadcasts and other services.

        3. 70.Recording for purposes of time-shifting.

        4. 71.Photographs of broadcasts

        5. 72.Free public showing or playing of broadcast . . . .

        6. 73.Reception and re-transmission of wireless broadcast by cable.

        7. 73A.Royalty or other sum payable in pursuance of section 73(4).

        8. 74. Copyright

        9. 75.Recording of broadcast for archival purposes

      17. Adaptations

        1. 76.Adaptations.

    4. CHAPTER 3A CERTAIN PERMITTED USES OF ORPHAN WORKS

      1. 76A.Certain permitted uses of orphan works

    5. Chapter IV Moral Rights

      1. Right to be identified as author or director

        1. 77.Right to be identified as author or director.

        2. 78.Requirement that right be asserted.

        3. 79.Exceptions to right.

      2. Right to object to derogatory treatment of work

        1. 80.Right to object to derogatory treatment of work.

        2. 81.Exceptions to right.

        3. 82.Qualification of right in certain cases.

        4. 83.Infringement of right by possessing or dealing with infringing article.

      3. False attribution of work

        1. 84.False attribution of work.

      4. Right to privacy of certain photographs and films

        1. 85.Right to privacy of certain photographs and films.

      5. Supplementary

        1. 86.Duration of rights.

        2. 87.Consent and waiver of rights.

        3. 88.Application of provisions to joint works.

        4. 89.Application of provisions to parts of works.

    6. Chapter V Dealings with Rights in Copyright Works

      1. Copyright

        1. 90.Assignment and licences.

        2. 91.Prospective ownership of copyright.

        3. 92.Exclusive licences.

        4. 93.Copyright to pass under will with unpublished work.

        5. 93A.Presumption of transfer of rental right in case of film production agreement.

      2. Right to equitable remuneration where rental right transferred

        1. 93B.Right to equitable remuneration where rental right transferred.

        2. 93C.Equitable remuneration: reference of amount to Copyright Tribunal.

      3. Moral rights

        1. 94.Moral rights not assignable.

        2. 95.Transmission of moral rights on death.

    7. Chapter VI Remedies for Infringement

      1. Rights and remedies of copyright owner

        1. 96.Infringement actionable by copyright owner.

        2. 97.Provisions as to damages in infringement action.

        3. 97A.Injunctions against service providers

        4. 98.Undertaking to take licence of right in infringement proceedings.

        5. 99.Order for delivery up.

        6. 100.Right to seize infringing copies and other articles.

      2. Rights and remedies of exclusive licensee

        1. 101.Rights and remedies of exclusive licensee.

        2. 101A.Certain infringements actionable by a non-exclusive licensee

        3. 102.Exercise of concurrent rights.

      3. Remedies for infringement of moral rights

        1. 103.Remedies for infringement of moral rights.

      4. Presumptions

        1. 104.Presumptions relevant to literary, dramatic, musical and artistic works.

        2. 105.Presumptions relevant to sound recordings and films.

        3. 106.Presumptions relevant to works subject to Crown copyright.

      5. Offences

        1. 107.Criminal liability for making or dealing with infringing articles, &c.

        2. 107A.Enforcement by local weights and measures authority.

        3. 108.Order for delivery up in criminal proceedings.

        4. 109.Search warrants.

        5. 110.Offence by body corporate: liability of officers.

      6. Provision for preventing importation of infringing copies

        1. 111.Infringing copies may be treated as prohibited goods.

        2. 112.Power of Commissioners of Customs and Excise to make regulations.

      7. Supplementary

        1. 113.Period after which remedy of delivery up not available.

        2. 114.Order as to disposal of infringing copy or other article.

        3. 114A.Forfeiture of infringing copies, etc.: England and Wales or Northern Ireland

        4. 114B.Forfeiture of infringing copies, etc.: Scotland

        5. 115.Jurisdiction of county court and sheriff court.

    8. Chapter VII Copyright Licensing

      1. Licensing schemes and licensing bodies

        1. 116.Licensing schemes and licensing bodies.

      2. Orphan works licensing and extended collective licensing

        1. 116A.Power to provide for licensing of orphan works

        2. 116B.Extended collective licensing

        3. 116C.General provision about licensing under sections 116A and 116B

        4. 116D.Regulations under sections 116A and 116B

      3. References and applications with respect to licensing schemes

        1. 117.Licensing schemes to which following sections apply.

        2. 118.Reference of proposed licensing scheme to tribunal.

        3. 119.Reference of licensing scheme to tribunal.

        4. 120.Further reference of scheme to tribunal.

        5. 121.Application for grant of licence in connection with licensing scheme.

        6. 122.Application for review of order as to entitlement to licence.

        7. 123.Effect of order of tribunal as to licensing scheme.

      4. References and applications with respect to licensing by licensing bodies

        1. 124.Licences to which following sections apply.

        2. 125.Reference to tribunal of proposed licence.

        3. 126.Reference to tribunal of expiring licence.

        4. 127.Application for review of order as to licence.

        5. 128.Effect of order of tribunal as to licence.

        6. 128A.Notification of licence or licensing scheme for excepted sound recordings

        7. 128B.References to the Tribunal by the Secretary of State under section 128A

      5. Factors to be taken into account in certain classes of case

        1. 129.General considerations: unreasonable discrimination.

        2. 130.Licences for reprographic copying.

        3. 131.Licences for educational establishments in respect of works included in broadcasts . . . .

        4. 132.Licences to reflect conditions imposed by promoters of events.

        5. 133.Licences to reflect payments in respect of underlying rights.

        6. 134.Licences in respect of works included in re-transmissions.

        7. 135.Mention of specific matters not to exclude other relevant considerations.

      6. Use as of right of sound recordings in broadcasts . . .

        1. 135A.Circumstances in which right available.

        2. 135B.Notice of intention to exercise right.

        3. 135C.Conditions for exercise of right.

        4. 135D.Applications to settle payments.

        5. 135E.References etc. about conditions, information and other terms.

        6. 135F.Application for review of order.

        7. 135G.Factors to be taken into account.

        8. 135H.Power to amend sections 135A to 135G.

      7. Implied indemnity in schemes or licences for reprographic copying

        1. 136.Implied indemnity in certain schemes and licences for reprographic copying.

      8. Reprographic copying by educational establishments

        1. 137.Power to extend coverage of scheme or licence.

        2. 138.Variation or discharge of order extending scheme or licence.

        3. 139.Appeals against orders.

        4. 140.Inquiry whether new scheme or general licence required.

        5. 141.Statutory licence where recommendation not implemented.

      9. Royalty or other sum payable for lending of certain works

        1. 142.Royalty or other sum payable for lending of certain works.

      10. Certification of licensing schemes

        1. 143.Certification of licensing schemes.

      11. Powers exercisable in consequence of competition report

        1. 144.Powers exercisable in consequence of report of Competition and Markets Authority.

      12. Compulsory collective administration of certain rights

        1. 144A.Collective exercise of certain rights in relation to cable re-transmission.

    9. Chapter VIII The Copyright Tribunal

      1. The Tribunal

        1. 145.The Copyright Tribunal.

        2. 146.Membership of the Tribunal.

        3. 147.Financial provisions.

        4. 148.Constitution for purposes of proceedings.

      2. Jurisdiction and procedure

        1. 149.Jurisdiction of the Tribunal.

        2. 150.General power to make rules.

        3. 151.Costs, proof of orders, &c.

        4. 151A.Award of interest.

      3. Appeals

        1. 152.Appeal to the court on point of law.

    10. Chapter IX Qualification for and Extent of Copyright Protection

      1. Qualification for copyright protection

        1. 153.Qualification for copyright protection.

        2. 154.Qualification by reference to author.

        3. 155.Qualification by reference to country of first publication.

        4. 156.Qualification by reference to place of transmission.

      2. Extent and application of this Part

        1. 157.Countries to which this Part extends.

        2. 158.Countries ceasing to be colonies.

        3. 159.Application of this Part to countries to which it does not extend

        4. 160.Denial of copyright protection to citizens of countries not giving adequate protection to British works.

      3. Supplementary

        1. 161.Territorial waters and the continental shelf.

        2. 162.British ships, aircraft and hovercraft.

    11. Chapter X Miscellaneous and General

      1. Crown and Parliamentary copyright

        1. 163.Crown copyright.

        2. 164.Copyright in Acts and Measures.

        3. 165.Parliamentary copyright.

        4. 166.Copyright in Parliamentary Bills.

        5. 166A.Copyright in Bills of the Scottish Parliament.

        6. 166B.Copyright in Bills of the Northern Ireland Assembly.

        7. 166C.Copyright in proposed Measures of the National Assembly for Wales

        8. 166D.Copyright in Bills of the National Assembly for Wales

        9. 167.Houses of Parliament: supplementary provisions with respect to copyright.

      2. Other miscellaneous provisions

        1. 168.Copyright vesting in certain international organisations.

        2. 169.Folklore, &c.: anonymous unpublished works.

      3. Transitional provisions and savings

        1. 170.Transitional provisions and savings.

        2. 171.Rights and privileges under other enactments or the common law.

      4. Interpretation

        1. 172.General provisions as to construction.

        2. 172A.Meaning of EEA and related expressions.

        3. 173.Construction of references to copyright owner.

        4. 174.Meaning of “educational establishment” and related expressions.

        5. 175.Meaning of publication and commercial publication.

        6. 176.Requirement of signature: application in relation to body corporate.

        7. 177.Adaptation of expressions for Scotland.

        8. 178.Minor definitions.

        9. 179.Index of defined expressions.

  3. Part II Rights in performances

    1. Chapter 1 INTRODUCTORY

      1. 180. Rights conferred on performers and persons having recording rights.

      2. 181.Qualifying performances.

    2. Chapter 2 ECONOMIC RIGHTS

      1. Performers' rights

        1. 182. Consent required for recording, &c. of live performance.

        2. 182A. Consent required for copying of recording.

        3. 182B. Consent required for issue of copies to public.

        4. 182C. Consent required for rental or lending of copies to public.

        5. 182CA.Consent required for making available to the public

        6. 182D. Right to equitable remuneration for exploitation of sound recording.

        7. 183. Infringement of performer’s rights by use of recording made without consent.

        8. 184. Infringement of performer’s rights by importing, possessing or dealing with illicit recording.

      2. Rights of person having recording rights

        1. 185. Exclusive recording contracts and persons having recording rights.

        2. 186. Consent required for recording of performance subject to exclusive contract.

        3. 187. Infringement of recording rights by use of recording made without consent.

        4. 188. Infringement of recording rights by importing, possessing or dealing with illicit recording.

      3. Exceptions to rights conferred

        1. 189. Acts permitted notwithstanding rights conferred by this Chapter.

        2. 190. Power of tribunal to give consent on behalf of performer in certain cases.

      4. Duration of rights

        1. 191. Duration of rights.

      5. Performers’ property rights

        1. 191A. Performers’ property rights.

        2. 191B. Assignment and licences.

        3. 191C. Prospective ownership of a performer’s property rights.

        4. 191D. Exclusive licences.

        5. 191E. Performer’s property right to pass under will with unpublished original recording.

        6. 191F. Presumption of transfer of rental right in case of film production agreement.

        7. 191G. Right to equitable remuneration where rental right transferred.

        8. 191H. Equitable remuneration: reference of amount to Copyright Tribunal.

        9. 191HA.Assignment of performer’s property rights in a sound recording

        10. 191HB.Payment in consideration of assignment

        11. 191I. Infringement actionable by rights owner.

        12. 191J. Provisions as to damages in infringement action.

        13. 191JA.Injunctions against service providers

        14. 191K. Undertaking to take licence of right in infringement proceedings.

        15. 191L. Rights and remedies for exclusive licensee.

        16. 191M. Exercise of concurrent rights.

      6. Non-property rights

        1. 192A.Performers’ non-property rights.

        2. 192B. Transmissibility of rights of person having recording rights.

        3. 193. Consent.

      7. . . .

        1. 194. Infringement actionable as breach of statutory duty.

      8. Delivery up or seizure of illicit recordings

        1. 195. Order for delivery up.

        2. 196. Right to seize illicit recordings.

        3. 197. Meaning of “illicit recording”.

        4. 197A.Presumptions relevant to recordings of performances

      9. Offences

        1. 198. Criminal liability for making, dealing with or using illicit recordings.

        2. 198A. Enforcement by local weights and measures authority.

        3. 199. Order for delivery up in criminal proceedings.

        4. 200. Search warrants.

        5. 201. False representation of authority to give consent.

        6. 202. Offence by body corporate: liability of officers.

      10. Supplementary provisions with respect to delivery up and seizure

        1. 203. Period after which remedy of delivery up not available.

        2. 204. Order as to disposal of illicit recording.

        3. 204A. Forfeiture of illicit recordings: England and Wales or Northern Ireland

        4. 204B. Forfeiture: Scotland

        5. 205. Jurisdiction of county court and sheriff court.

      11. Licensing of performers’ ... rights

        1. 205A. Licensing of performers’ ... rights.

      12. Jurisdiction of Copyright Tribunal

        1. 205B. Jurisdiction of Copyright Tribunal.

    3. Chapter 3 MORAL RIGHTS

      1. Right to be identified as performer

        1. 205C.Right to be identified as performer

        2. 205D.Requirement that right be asserted

        3. 205E.Exceptions to right

      2. Right to object to derogatory treatment

        1. 205F.Right to object to derogatory treatment of performance

        2. 205G.Exceptions to right

        3. 205H.Infringement of right by possessing or dealing with infringing article

      3. Supplementary

        1. 205I.Duration of rights

        2. 205J.Consent and waiver of rights

        3. 205K.Application of provisions to parts of performances

        4. 205L.Moral rights not assignable

        5. 205M.Transmission of moral rights on death

        6. 205N.Remedies for infringement of moral rights

    4. Chapter 4 QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION

      1. Qualification for protection and extent

        1. 206.Qualifying countries, individuals and persons.

        2. 207. Countries to which this Part extends.

        3. 208. Countries enjoying reciprocal protection.

        4. 209. Territorial waters and the continental shelf.

        5. 210. British ships, aircraft and hovercraft.

        6. 210A.Requirement of signature: application in relation to body corporate

      2. Interpretation

        1. 211. Expressions having same meaning as in copyright provisions.

        2. 212. Index of defined expressions.

      3. Supplementary

        1. 212A.Power to amend in consequence of changes to international law

  4. Part III Design Right

    1. Chapter I Design right in original designs

      1. Introductory

        1. 213.Design right.

        2. 214.The designer.

        3. 215.Ownership of design right.

        4. 216.Duration of design right.

      2. Qualification for design right protection

        1. 217.Qualifying individuals and qualifying persons.

        2. 218.Qualification by reference to designer.

        3. 219.Qualification by reference to employer.

        4. 220.Qualification by reference to first marketing.

        5. 221.Power to make further provision as to qualification.

      3. Dealings with design right

        1. 222.Assignment and licences.

        2. 223.Prospective ownership of design right.

        3. 224.Assignment of right in registered design presumed to carry with it design right.

        4. 225.Exclusive licences.

    2. Chapter II Rights of Design Right Owner and Remedies

      1. Infringement of design right

        1. 226.Primary infringement of design right.

        2. 227.Secondary infringement: importing or dealing with infringing article.

        3. 228.Meaning of “infringing article”.

      2. Remedies for infringement

        1. 229.Rights and remedies of design right owner.

        2. 230.Order for delivery up.

        3. 231.Order as to disposal of infringing articles, &c.

        4. 232.Jurisdiction of county court and sheriff court.

        5. 233.Innocent infringement.

        6. 234.Rights and remedies of exclusive licensee.

        7. 235.Exercise of concurrent rights.

    3. Chapter III Exceptions to Rights of Design Right Owners

      1. Infringement of copyright

        1. 236.Infringement of copyright.

      2. Availability of licences of right

        1. 237.Licences available in last five years of design right.

        2. 238.Powers exercisable for protection of the public interest.

        3. 239.Undertaking to take licence of right in infringement proceedings.

      3. Crown use of designs

        1. 240.Crown use of designs.

        2. 241.Settlement of terms for Crown use.

        3. 242.Rights of third parties in case of Crown use.

        4. 243.Crown use: compensation for loss of profit.

        5. 244.Special provision for Crown use during emergency.

      4. Miscellaneous

        1. 244A.Exception for private acts, experiments and teaching

        2. 244B.Exception for overseas ships and aircraft

      5. General

        1. 245.Power to provide for further exceptions.

    4. Chapter IV Jurisdiction of the Comptroller and the Court

      1. Jurisdiction of the comptroller

        1. 246.Jurisdiction to decide matters relating to design right.

        2. 247.Application to settle terms of licence of right.

        3. 248.Settlement of terms where design right owner unknown.

        4. 249.Appeals as to terms of licence of right.

        5. 249A.Opinions service

        6. 250.Rules.

      2. Jurisdiction of the court

        1. 251.References and appeals on design right matters.

        2. 252.Reference of disputes relating to Crown use.

    5. Chapter V Miscellaneous and General

      1. Unjustified threats

        1. 253.Threats of infringement proceedings

        2. 253A.Actionable threats

        3. 253B.Permitted communications

        4. 253C.Remedies and defences

        5. 253D.Professional advisers

        6. 253E.Supplementary: proceedings for delivery up etc.

      2. Licensee under licence of right not to claim connection with design right owner

        1. 254.Licensee under licence of right not to claim connection with design right owner.

      3. Extent of operation of this Part

        1. 255.Countries to which this Part extends.

        2. 256.Countries enjoying reciprocal protection.

        3. 257.Territorial waters and the continental shelf.

      4. Interpretation

        1. 258.Construction of references to design right owner.

        2. 259.Joint designs.

        3. 260.Application of provisions to articles in kit form.

        4. 261.Requirement of signature: application in relation to body corporate.

        5. 262.Adaptation of expressions in relation to Scotland.

        6. 263.Minor definitions.

        7. 264.Index of defined expressions.

  5. Part IV Registered Designs

    1. Amendments of the Registered Designs Act 1949

      1. 265. Registrable designs.

      2. 266. Provisions with respect to certain designs registered in pursuance of application made before commencement.

      3. 267. Authorship and first ownership of designs.

      4. 268. Right given by registration of design.

      5. 269. Duration of right in registered design.

      6. 270. Powers exercisable for protection of the public interest.

      7. 271. Crown use: compensation for loss of profit.

      8. 272. Minor and consequential amendments.

    2. Supplementary

      1. 273. Text of Registered Designs Act 1949 as amended.

  6. Part V Patent Agents and Trade Mark Agents

    1. Patent agents

      1. 274. Persons permitted to carry on business of a patent agent.

      2. 275.The register of patent attorneys

      3. 275A.Regulation of patent attorneys

      4. 276. Persons entitled to describe themselves as patent agents.

      5. 277. Persons entitled to describe themselves as European patent attorneys, &c.

      6. 278. Use of the term “patent attorney”: supplementary provisions.

      7. 279. Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.

      8. 280. Privilege for communications with patent agents.

      9. 281. Power of comptroller to refuse to deal with certain agents.

    2. Trade mark agents

      1. 282. The register of trade mark agents.

      2. 283. Unregistered persons not to be described as registered trade mark agents.

      3. 284. Privilege for communications with registered trade mark agents.

    3. Supplementary

      1. 285. Offences committed by partnerships and bodies corporate.

      2. 286. Interpretation.

  7. Part VI Patents

    1. Patents county courts

      1. 287. Patents county courts: special jurisdiction.

      2. 288. Financial limits in relation to proceedings within special jurisdiction of patents county court.

      3. 289. Transfer of proceedings between High Court and patents county court.

      4. 290. Limitation of costs where pecuniary claim could have been brought in patents county court.

      5. 291. Proceedings in patents county court.

      6. 292. Rights and duties of registered patent agents in relation to proceedings in patents county court.

    2. Licences of right in respect of certain patents

      1. 293. Restriction of acts authorised by certain licences.

      2. 294. When application may be made for settlement of terms of licence.

    3. Patents: miscellaneous amendments

      1. 295. Patents: miscellaneous amendments.

  8. Part VII Miscellaneous and General

    1. Circumvention of protection measures

      1. 296. Devices designed to circumvent copy-protection.

      2. 296ZA.Circumvention of technological measures

      3. 296ZB.Devices and services designed to circumvent technological measures

      4. 296ZC.Devices and services designed to circumvent technological measures: search warrants and forfeiture

      5. 296ZD.Rights and remedies in respect of devices and services designed to circumvent technological measures

      6. 296ZE.Remedy where effective technological measures prevent permitted acts

      7. 296ZEA.Remedy where restrictive measures prevent or restrict personal copying

      8. 296ZF.Interpretation of sections 296ZA to 296ZEA

    2. Rights management information

      1. 296ZG.Electronic rights management information

    3. Computer programs

      1. 296A. Avoidance of certain terms.

    4. Databases

      1. 296B. Avoidance of certain terms relating to databases

    5. Fraudulent reception of transmissions

      1. 297. Offence of fraudulently receiving programmes.

      2. 297A. Unauthorised decoders.

      3. 297B. Search warrants

      4. 297C. Forfeiture of unauthorised decoders: England and Wales or Northern Ireland

      5. 297D. Forfeiture of unauthorised decoders: Scotland

      6. 298. Rights and remedies in respect of apparatus, &c. for unauthorised reception of transmissions.

      7. 299. Supplementary provisions as to fraudulent reception.

    6. Fraudulent application or use of trade mark

      1. 300. Miscellaneous and General

    7. Provisions for the benefit of Great Ormond Street Hospital for Children

      1. 301. Provisions for the benefit of Great Ormond Street Hospital for Children.

    8. Financial assistance for certain international bodies

      1. 302. Financial assistance for certain international bodies.

    9. General

      1. 303. Consequential amendments and repeals.

      2. 304. Extent.

      3. 305. Commencement.

      4. 306. Short title.

  9. SCHEDULES

    1. SCHEDULE ZA1

      CERTAIN PERMITTED USES OF ORPHAN WORKS

      1. PART 1 GENERAL PROVISIONS

        1. Certain permitted uses of orphan works by relevant bodies

          1. 1.(1) A relevant body does not infringe the copyright in...

        2. Meaning of “relevant body”, “relevant work” and “rightholder”

          1. 2.(1) In this Schedule “relevant body” means—

        3. Meaning of “orphan work”

          1. 3.(1) For the purposes of this Schedule a relevant work...

        4. Mutual recognition of orphan work status

          1. 4.A relevant work which is designated as an orphan work...

        5. Diligent searches

          1. 5.(1) For the purposes of establishing whether a relevant work...

        6. Further requirements for use of orphan works

          1. 6.This Schedule does not prevent the use by a relevant...

        7. End of orphan work status

          1. 7.(1) This paragraph applies to a rightholder who has not...

      2. PART 2 SOURCES TO BE SEARCHED DURING DILIGENT SEARCH

    2. SCHEDULE A1

      Regulation of licensing bodies

      1. Codes of practice

        1. 1.(1) The Secretary of State may by regulations make provision...

        2. 2.Regulations under paragraph 1 may make provision as to conditions...

      2. Licensing code ombudsman

        1. 3.(1) The Secretary of State may by regulations make provision—...

      3. Code reviewer

        1. 4.(1) The Secretary of State may by regulations make provision—...

      4. Sanctions

        1. 5.(1) The Secretary of State may by regulations provide for...

      5. Fees

        1. 6.(1) The Secretary of State may by regulations require a...

      6. General

        1. 7.(1) The power to make regulations under this Schedule includes...

        2. 8.References in this Schedule to a licensing body are to...

    3. SCHEDULE 1

      Copyright: transitional provisions and savings

      1. Introductory

        1. 1.(1) In this Schedule— “the 1911 Act” means the Copyright...

        2. 2.(1) In relation to the 1956 Act, references in this...

      2. General principles: continuity of the law

        1. 3.The new copyright provisions apply in relation to things existing...

        2. 4.(1) The provisions of this paragraph have effect for securing...

      3. Subsistence of copyright

        1. 5.(1) Copyright subsists in an existing work after commencement only...

        2. 6.(1) Copyright shall not subsist by virtue of this Act...

        3. 7.(1) No copyright subsists in a film, as such, made...

        4. 8.(1) A film sound-track to which section 13(9) of the...

        5. 9.No copyright subsists in— (a) a wireless broadcast made before...

      4. Authorship of work

        1. 10.The question who was the author of an existing work...

      5. First ownership of copyright

        1. 11.(1) The question who was first owner of copyright in...

      6. Duration of copyright in existing works

        1. 12.(1) The following provisions have effect with respect to the...

      7. Perpetual copyright under the Copyright Act 1775

        1. 13.(1) The rights conferred on universities and colleges by the...

      8. Acts infringing copyright

        1. 14.(1) The provisions of Chapters II and III of Part...

        2. 15.(1) Section 57 (anonymous or pseudonymous works: acts permitted on...

        3. 16.The following provisions of section 7 of the 1956 Act...

        4. 17.Where in the case of a dramatic or musical work...

        5. 18.Where a work made before 1st July 1912 consists of...

      9. Designs

        1. 19.(1) Section 51 (exclusion of copyright protection in relation to...

        2. 20.(1) Where section 10 of the 1956 Act (effect of...

      10. Abolition of statutory recording licence

        1. 21.Section 8 of the 1956 Act (statutory licence to copy...

      11. Moral rights

        1. 22.(1) No act done before commencement is actionable by virtue...

        2. 23.(1) The following provisions have effect with respect to the...

        3. 24.The right conferred by section 85 (right to privacy of...

      12. Assignments and licences

        1. 25.(1) Any document made or event occurring before commencement which...

        2. 26.(1) Section 91(1) of this Act (assignment of future copyright:...

        3. 27.(1) Where the author of a literary, dramatic, musical or...

        4. 28.(1) This paragraph applies where copyright subsists in a literary,...

        5. 29.Section 92(2) of this Act (rights of exclusive licensee against...

      13. Bequests

        1. 30.(1) Section 93 of this Act (copyright to pass under...

      14. Remedies for infringement

        1. 31.(1) Sections 96 and 97 of this Act (remedies for...

        2. 32.Sections 101 and 102 of this Act (rights and remedies...

        3. 33.(1) The provisions of section 107 of this Act (criminal...

      15. Copyright Tribunal: proceedings pending on commencement

        1. 34.(1) The Lord Chancellor may, after consultation with the Lord...

      16. Qualification for copyright protection

        1. 35.Every work in which copyright subsisted under the 1956 Act...

      17. Dependent territories

        1. 36.(1) The 1911 Act shall remain in force as part...

        2. 37.(1) This paragraph applies to a country which immediately before...

      18. Territorial waters and the continental shelf

        1. 38.Section 161 of this Act (application of Part I to...

      19. British ships, aircraft and hovercraft

        1. 39.Section 162 (British ships, aircraft and hovercraft) does not apply...

      20. Crown copyright

        1. 40.(1) Section 163 of this Act (general provisions as to...

        2. 41.(1) The following provisions have effect with respect to the...

        3. 42.(1) Section 164 (copyright in Acts and Measures) applies to...

      21. Parliamentary copyright

        1. 43.(1) Section 165 of this Act (general provisions as to...

      22. Copyright vesting in certain international organisations

        1. 44.(1) Any work in which immediately before commencement copyright subsisted...

      23. Meaning of “publication”

        1. 45.Section 175(3) (construction of building treated as equivalent to publication)...

      24. Meaning of “unauthorised”

        1. 46.For the purposes of the application of the definition in...

    4. SCHEDULE 2

      Rights in performances: permitted acts

      1. Introductory

        1. 1.(1) The provisions of this Schedule specify acts which may...

      2. Making of temporary copies

        1. 1A.The rights conferred by this Chapter are not infringed by...

      3. Personal copies of recordings for private use

        1. 1B.(1) The making of a copy of a recording of...

      4. Research and private study

        1. 1C.(1) Fair dealing with a performance or a recording of...

      5. Copies for text and data analysis for non-commercial research

        1. 1D.(1) The making of a copy of a recording of...

      6. Criticism, reviews, quotation and news reporting

        1. 2.(1) Fair dealing with a performance or recording for the...

      7. Caricature, parody or pastiche

        1. 2A.(1) Fair dealing with a performance or a recording of...

      8. Incidental inclusion of performance or recording

        1. 3.(1) The rights conferred by this Chapter are not infringed...

      9. Disabled persons: copies of recordings for personal use

        1. 3A.(1) This paragraph applies if— (a) a disabled person has...

      10. Making communicating, making available, distributing or lending of accessible copies by authorised bodies

        1. 3B.(1) If— (a) an authorised body has lawful access to...

      11. Making communicating, making available, distributing or lending of intermediate copies by authorised bodies

        1. 3C.(1) An authorised body which is entitled to make an...

      12. Accessible and intermediate copies: records

        1. 3D.(1) A person listed in sub-paragraph (2) may request an...

      13. Paragraphs 3A to 3D: interpretation and general

        1. 3E.(1) This paragraph supplements paragraphs 3A to 3D and includes...

      14. Illustration for instruction

        1. 4.(1) Fair dealing with a performance or a recording of...

      15. Playing or showing sound recording, film, or broadcastat educational establishment

        1. 5.(1) The playing or showing of a sound recording, film...

      16. Recording by educational establishments of broadcasts

        1. 6.(1) A recording of a broadcast, or a copy of...

      17. Copying and use of extracts of recordings by educational establishments

        1. 6ZA.(1) The copying of extracts of a recording of a...

      18. Lending of copies by educational establishments

        1. 6A.(1) The rights conferred by this Chapter are not infringed...

      19. Lending of copies by libraries or archives

        1. 6B.(1) The rights conferred by this Chapter are not infringed...

      20. Libraries and educational establishments etc : making recordings of performances available through dedicated terminals

        1. 6C.(1) The rights conferred by this Chapter in a recording...

      21. Copying by librarians: supply of single copies to other libraries

        1. 6D.(1) A librarian may, if the conditions in sub-paragraph (2)...

      22. Copying by librarians etc : replacement copies of recordings

        1. 6E.(1) A librarian, archivist or curator of a library, archive...

      23. Copying by librarians: single copies of published recordings

        1. 6F.(1) A librarian of a library which is not conducted...

      24. Copying by librarians or archivists: single copies of unpublished recordings

        1. 6G.(1) A librarian or archivist may make and supply a...

      25. Paragraphs 6B to 6G: interpretation

        1. 6H.Expressions used in paragraphs 6B to 6G have the same...

      26. Certain permitted uses of orphan works

        1. 6I.(1) The rights conferred by this Chapter are not infringed...

      27. Copy of work required to be made as condition of export

        1. 7.(1) If an article of cultural or historical importance or...

      28. Parliamentary and judicial proceedings

        1. 8.(1) The rights conferred by this Chapter are not infringed...

      29. Royal Commissions and statutory inquiries

        1. 9.(1) The rights conferred by this Chapter are not infringed...

      30. Public records

        1. 10.(1) Material which is comprised in public records within the...

      31. Acts done under statutory authority

        1. 11.(1) Where the doing of a particular act is specifically...

      32. Transfer of copies of works in electronic form

        1. 12.(1) This paragraph applies where a recording of a performance...

      33. Use of recordings of spoken works in certain cases

        1. 13.(1) Where a recording of the reading or recitation of...

      34. Recordings of folksongs

        1. 14.(1) A recording of a performance of a song may...

      35. Lending of certain recordings

        1. 14A.(1) The Secretary of State may by order provide that...

      36. Playing of sound recordings for purposes of club, society, &c

        1. 15. Rights in performances: permitted acts

      37. Incidental recording for purposes of broadcast . . .

        1. 16.(1) A person who proposes to broadcast a recording of...

      38. Recordings for purposes of supervision and control of broadcasts and other services

        1. 17.(1) The rights conferred by this Chapter are not infringed...

      39. Recording for the purposes of time-shifting

        1. 17A.(1) The making in domestic premises for private and domestic...

      40. Photographs of broadcasts

        1. 17B.(1) The making in domestic premises for private and domestic...

      41. Free public showing or playing of broadcast . . .

        1. 18.(1) The showing or playing in public of a broadcast...

      42. Reception and re-transmission of wireless broadcast by cable

        1. 19.(1) This paragraph applies where a wireless broadcast made from...

        2. 19A.(1) An application to settle the royalty or other sum...

      43. Provision of sub-titled copies of broadcast . . .

        1. 20. Rights in performances: permitted acts

      44. Recording of broadcast for archival purposes

        1. 21.(1) A recording of a broadcast or a copy of...

    5. SCHEDULE 2A

      LICENSING OF PERFORMERS’ ... RIGHTS

      1. Licensing schemes and licensing bodies

        1. 1.(1) In this Chapter a “licensing scheme” means a scheme...

      2. Power to provide for licensing of orphan rights

        1. 1A.(1) The Secretary of State may by regulations provide for...

      3. Extended collective licensing

        1. 1B.(1) The Secretary of State may by regulations provide for...

      4. General provision about licensing

        1. 1C.(1) This paragraph and paragraph 1D apply to regulations under...

        2. 1D.(1) The power to make regulations includes power—

      5. References and applications with respect to licensing schemes

        1. 2.Paragraphs 3 to 8 (references and applications with respect to...

      6. Reference of proposed licensing scheme to tribunal

        1. 3.(1) The terms of a licensing scheme proposed to be...

      7. Reference of licensing scheme to tribunal

        1. 4.(1) If while a licensing scheme is in operation a...

      8. Further reference of scheme to tribunal

        1. 5.(1) Where the Copyright Tribunal has on a previous reference...

      9. Application for grant of licence in connection with licensing scheme

        1. 6.(1) A person who claims, in a case covered by...

      10. Application for review of order as to entitlement to licence

        1. 7.(1) Where the Copyright Tribunal has made an order under...

      11. Effect of order of tribunal as to licensing scheme

        1. 8.(1) A licensing scheme which has been confirmed or varied...

      12. References and applications with respect to licensing by licensing bodies

        1. 9.Paragraphs 10 to 13 (references and applications with respect to...

      13. Reference to tribunal of proposed licence

        1. 10.(1) The terms on which a licensing body proposes to...

      14. Reference to tribunal of expiring licence

        1. 11.(1) A licensee under a licence which is due to...

      15. Application for review of order as to licence

        1. 12.(1) Where the Copyright Tribunal has made an order under...

      16. Effect of order of tribunal as to licence

        1. 13.(1) Where the Copyright Tribunal has made an order under...

      17. General considerations: unreasonable discrimination

        1. 14.(1) In determining what is reasonable on a reference or...

      18. Application to settle royalty or other sum payable for lending

        1. 15.(1) An application to settle the royalty or other sum...

      19. Certification of licensing schemes

        1. 16.(1) A person operating or proposing to operate a licensing...

      20. Powers exercisable in consequence of competition report

        1. 17.(1) Sub-paragraph (1A) applies where whatever needs to be remedied,...

    6. SCHEDULE 3

      Registered designs: minor and consequential amendments of 1949 Act

      1. Section 3: proceedings for registration

        1. 1.. . . . . . . . . ....

      2. Section 4: registration of same design in respect of other articles, etc.

        1. 2.. . . . . . . . . ....

      3. Section 5: provisions for secrecy of certain designs

        1. 3.(1) Section 5 of the Registered Designs Act 1949 is...

      4. Section 6: provisions as to confidential disclosure, etc.

        1. 4.. . . . . . . . . ....

      5. Section 9: exemption of innocent infringer from liability for damages

        1. 5.In section 9 of the Registered Designs Act 1949 (exemption...

      6. Section 11: cancellation of registration

        1. 6.. . . . . . . . . ....

      7. Section 14: registration where application has been made in convention country

        1. 7.In section 14 of the Registered Designs Act 1949 (registration...

      8. Section 15: extension of time for application under s.14 in certain cases

        1. 8.In section 15(1) of the Registered Designs Act 1949 (power...

      9. Section 16: protection of designs communicated under international agreements

        1. 9.. . . . . . . . . ....

      10. Section 19: registration of assignments, &c.

        1. 10.In section 19 of the Registered Designs Act 1949 (registration...

      11. Section 20: rectification of the register

        1. 11.In section 20 of the Registered Designs Act 1949 (rectification...

      12. Section 22: inspection of registered designs

        1. 12.(1) Section 22 of the Registered Designs Act 1949 (inspection...

      13. Section 23: information as to existence of right in registered design

        1. 13.For section 23 of the Registered Designs Act 1949 (information...

      14. Section 25: certificate of contested validity of registration

        1. 14.In section 25 of the Registered Designs Act 1949 (certificate...

      15. Section 26: remedy for groundless threats of infringement proceedings

        1. 15.(1) Section 26 of the Registered Designs Act 1949 (remedy...

      16. Section 27: the court

        1. 16.For section 27 of the Registered Designs Act 1949 (the...

      17. Section 28: the Appeal Tribunal

        1. 17.(1) Section 28 of the Registered Designs Act 1949 (the...

      18. Section 29: exercise of discretionary powers of registrar

        1. 18.In section 29 of the Registered Designs Act 1949 (exercise...

      19. Section 30: costs and security for costs

        1. 19.For section 30 of the Registered Designs Act 1949 (costs...

      20. Section 31: evidence before registrar

        1. 20.For section 31 of the Registered Designs Act 1949 (evidence...

      21. Section 32: power of registrar to refuse to deal with certain agents

        1. 21.Section 32 of the Registered Designs Act 1949 (power of...

      22. Section 33: offences under s.5 (secrecy of certain designs)

        1. 22.(1) Section 33 of the Registered Designs Act 1949 (offences...

      23. Section 34: falsification of register, &c.

        1. 23.(1) In section 34 of the Registered Designs Act 1949...

      24. Section 35: fine for falsely representing a design as registered

        1. 24.(1) Section 35 of the Registered Designs Act 1949 (fine...

      25. Section 35A: offence by body corporate - liability of officers

        1. 25.(1) In the Registered Designs Act 1949 after section 35...

      26. Section 36: general power to make rules, &c.

        1. 26.(1) Section 36 of the Registered Designs Act 1949 (general...

      27. Section 37: provisions as to rules and Orders

        1. 27.(1) Section 37 of the Registered Designs Act 1949 (provisions...

      28. Section 38: proceedings of the Board of Trade

        1. 28.Section 38 of the Registered Designs Act 1949 (proceedings of...

      29. Section 39: hours of business and excluded days

        1. 29.In section 39 of the Registered Designs Act 1949 (hours...

      30. Section 40: fees

        1. 30.In section 40 of the Registered Designs Act 1949 (fees)...

      31. Section 44: interpretation

        1. 31.(1) In section 44 of the Registered Designs Act 1949...

      32. Section 45: application to Scotland

        1. 32.In section 45 of the Registered Designs Act 1949 (application...

      33. Section 46: application to Northern Ireland

        1. 33.(1) Section 46 of the Registered Designs Act 1949 (application...

      34. Section 47: application to Isle of Man

        1. 34.For section 47 of the Registered Designs Act 1949 (application...

      35. Section 47A: territorial waters and the continental shelf

        1. 35.In the Registered Designs Act 1949, after section 47 insert—...

      36. Section 48: repeals, savings and transitional provisions

        1. 36.In section 48 of the Registered Designs Act 1949 (repeals,...

      37. Schedule 1: provisions as to Crown use of registered designs

        1. 37.(1) The First Schedule to the Registered Designs Act 1949...

      38. Schedule 2: enactments repealed

        1. 38.Schedule 2 to the Registered Designs Act 1949 (enactments repealed)...

    7. SCHEDULE 4

      The Registered Designs Act 1949 as amended Arrangement of Sections

      1. Registrable designs and proceedings for registration

        1. 1.Designs registrable under Act.

        2. 2.Proprietorship of designs.

        3. 3.Proceedings for registration.

        4. 4.Registration of same design in respect of other articles.

        5. 5.Provision for secrecy of certain designs.

        6. 6.Provisions as to confidential disclosure, &c.

      2. Effect of registration, &c.

        1. 7.Right given by registration.

        2. 8.Duration of right in registered design.

        3. 8A.Restoration of lapsed right in design.

        4. 8B.Effect of order for restoration of right.

        5. 9.Exemption of innocent infringer from liability for damages.

        6. 10.Compulsory licence in respect of registered design.

        7. 11.Cancellation of registration.

        8. 11A.Powers exercisable for protection of the public interest.

        9. 11B.Undertaking to take licence of right in infringement proceedings.

        10. 12.Use for services of the Crown.

      3. International arrangements

        1. 13.Orders in Council as to convention countries.

        2. 14.Registration of design where application for protection in convention country...

        3. 15.Extension of time for applications under s.14 in certain cases....

        4. 16.Protection of designs communicated under international agreements.

      4. Register of designs, &c.

        1. 17.Register of designs.

        2. 18.Certificate of registration.

        3. 19.Registration of assignments, &c.

        4. 20.Rectification of register.

        5. 21.Power to correct clerical errors.

        6. 22.Inspection of registered designs.

        7. 23.Information as to existence of right in registered design.

        8. 24.... ... ... ... ... ... ...

      5. Legal proceedings and appeals

        1. 25.Certificate of contested validity of registration.

        2. 26.Remedy for groundless threats of infringement proceedings.

        3. 27.The court.

        4. 28.The Appeal Tribunal.

      6. Powers and duties of registrar

        1. 29.Exercise of discretionary powers of registrar.

        2. 30.Costs and security for costs.

        3. 31.Evidence before registrar.

        4. 32.... ... ... ... ... ... ...

        5. 33.Offences under s.5.

        6. 34.Falsification of register, &c.

        7. 35.Fine for falsely representing a design as registered.

        8. 35A.Offence by body corporate: liability of officers.

      7. Rules, &c.

        1. 36.General power of Secretary of State to make rules, &c....

        2. 37.Provisions as to rules and Orders.

        3. 38.... ... ... ... ... ... ...

      8. Supplemental

        1. 39.Hours of business and excluded days.

        2. 40.Fees.

        3. 41.Service of notices, &c., by post.

        4. 42.Annual report of registrar.

        5. 43.Savings.

        6. 44.Interpretation.

        7. 45.Application to Scotland.

        8. 46.Application to Northern Ireland.

        9. 47.Application to Isle of Man.

        10. 47A.Territorial waters and the continental shelf.

        11. 48.Repeals, savings and transitional provisions.

        12. 49.Short title and commencement. Schedules: Schedule 1—Provisions as to the...

      9. Registrable designs and proceedings for registration

        1. 1. Designs registrable under Act.

        2. 2. Proprietorship of designs.

        3. 3. Proceedings for registration.

        4. 4. Registration of same design in respect of other articles, etc.

        5. 5. Provisions for secrecy of certain designs.

        6. 6. Provisions as to confidential disclosure, etc.

      10. Effect of registration, &c.

        1. 7. Right given by registration.

        2. 8. Duration of right in registered design.

        3. 8A. Restoration of lapsed right in design.

        4. 8B. Effect of order for restoration of right.

        5. 9. Exemption of innocent infringer from liability for damages.

        6. 10. Compulsory licence in respect of registered design.

        7. 11. Cancellation of registration.

        8. 11A. Powers exercisable for protection of the public interest.

        9. 11B. Undertaking to take licence of right in infringement proceedings.

        10. 12. Use for services of the Crown.

      11. International Arrangements

        1. 13. Orders in Council as to convention countries.

        2. 14. Registration of design where application for protection in convention country has been made.

        3. 15. Extension of time for applications under s.14 in certain cases.

        4. 16. Protection of designs communicated under international agreements.

      12. Register of designs, etc.

        1. 17. Register of designs.

        2. 18. Certificate of registration.

        3. 19. Registration of assignments, etc.

        4. 20. Rectification of register.

        5. 21. Power to correct clerical errors.

        6. 22. Inspection of registered designs.

        7. 23. Information as to existence of right in registered design.

      13. Legal proceedings and appeals

        1. 25. Certificate of contested validity of registration.

        2. 26. Remedy for groundless threats of infringement proceedings.

        3. 27. The court.

        4. 28. The Appeal Tribunal.

      14. Powers and duties of Registrar

        1. 29. Exercise of discretionary powers of registrar.

        2. 30. Costs and security for costs.

        3. 31. Evidence before registrar.

      15. Offences

        1. 33. Offences under s.5.

        2. 34. Falsification of register, etc.

        3. 35. Fine for falsely representing a design as registered.

        4. 35A. Offence by body corporate: liability of officers.

      16. Rules, etc.

        1. 36. General power of Secretary of State to make rules, etc.

        2. 37. Provisions as to rules and Orders.

      17. Supplemental

        1. 39. Hours of business and excluded days.

        2. 40. Fees.

        3. 41. Service of notices, &c., by post.

        4. 42. Annual report of registrar.

        5. 43. Savings.

        6. 44. Interpretation.

        7. 45. Application to Scotland.

        8. 46. Application to Northern Ireland.

        9. 47. Application to Isle of Man.

        10. 47A. Territorial waters and the continental shelf.

        11. 48. Repeals, savings, and transitional provisions.

        12. 49. Short title and commencement.

      18. FIRST SCHEDULE

        1. Provisions as to the Use of Registered Designs for the...

      19. Use of registered designs for services of the Crown

        1. 1.(1) Notwithstanding anything in this Act, any Government department, and...

      20. Rights of third parties in respect of Crown use

        1. 2.(1) In relation to any use of a registered design,...

      21. Compensation for loss of profit

        1. 2A.(1) Where Crown use is made of a registered design,...

      22. Reference of disputes as to Crown use

        1. 3.(1) Any dispute as to— (a) the exercise by a...

      23. Special provisions as to Crown use during emergency

        1. 4.(1) During any period of emergency within the meaning of...

    8. SCHEDULE 5

      Patents: miscellaneous amendments

      1. Withdrawal of application before publication of specification

        1. 1.In section 13(2) of the Patents Act 1949 (duty of...

      2. Correction of clerical errors

        1. 2.(1) In section 15 of the Patents Act 1977 (filing...

      3. Supplementary searches

        1. 3.(1) Section 17 of the Patents Act 1977 (preliminary examination...

        2. 4.In section 18 of the Patents Act 1977 (substantive examination...

        3. 5.In section 130(1) of the Patents Act 1977 (interpretation), in...

      4. Application for restoration of lapsed patent

        1. 6.(1) Section 28 of the Patents Act 1977 (restoration of...

        2. 7.After that section insert— Effect of order for restoration of...

        3. 8.In consequence of the above amendments— (a) in section 60(6)(b)...

      5. Determination of right to patent after grant

        1. 9.(1) Section 37 of the Patents Act 1977 (determination of...

        2. 10.In section 74(6) (meaning of “entitlement proceedings”), for “section 37(1)(a)...

      6. Employees’ inventions

        1. 11.(1) In section 39 of the Patents Act 1977 (right...

      7. Undertaking to take licence in infringement proceedings

        1. 12.(1) Section 46 of the Patents Act 1977 (licences of...

      8. Power of comptroller on grant of compulsory licence

        1. 13.In section 49 of the Patents Act 1977 (supplementary provisions...

      9. Powers exercisable in consequence of report of Monopolies and Mergers Commission

        1. 14.For section 51 of the Patents Act 1977 (licences of...

      10. Compulsory licensing: reliance on statements in competition report

        1. 15.In section 53(2) of the Patents Act 1977 (compulsory licensing:...

      11. Crown use: compensation for loss of profit

        1. 16.(1) In the Patents Act 1977, after section 57 insert—...

      12. Right to continue use begun before priority date

        1. 17.For section 64 of the Patents Act 1977 (right to...

      13. Revocation on grounds of grant to wrong person

        1. 18.In section 72(1) of the Patents Act 1977 (grounds for...

      14. Revocation where two patents granted for same invention

        1. 19.In section 73 of the Patents Act 1977 (revocation on...

      15. Applications and amendments not to include additional matter

        1. 20.For section 76 of the Patents Act 1977 (amendments of...

      16. Effect of European patent (UK)

        1. 21.(1) Section 77 of the Patents Act 1977 (effect of...

      17. The state of the art: material contained in patent applications

        1. 22.In section 78 of the Patents Act 1977 (effect of...

      18. Jurisdiction in certain proceedings

        1. 23.Section 88 of the Patents Act 1977 (jurisdiction in legal...

      19. Effect of filing international application for patent

        1. 24.(1) Section 89 of the Patents Act 1977 (effect of...

        2. 25.For section 89 of the Patents Act 1977 (effect of...

      20. Proceedings before the court or the comptroller

        1. 26.In the Patents Act 1977, after section 99 (general powers...

        2. 27.For section 102 of the Patents Act 1977 (right of...

      21. Provision of information

        1. 28.In section 118 of the Patents Act 1977 (information about...

      22. Power to extend time limits

        1. 29.In section 123 of the Patents Act 1977 (rules), after...

      23. Availability of samples of micro-organisms

        1. 30.In the Patents Act 1977 after section 125 insert— Disclosure...

    9. SCHEDULE 5A

      PERMITTED ACTS TO WHICH SECTION 296ZE APPLIES

      1. PART 1 Copyright exceptions

        1. section 29 (research and private study)

        2. section 29A (copies for text and data analysis for non-commercial...

        3. section 31A (disabled persons: copies of works for personal use)”...

        4. section 31B (making and supply of accessible copies by authorised...

        5. section 31BA (making and supply of intermediate copies by authorised...

        6. section 32 (illustration for instruction)

        7. section 35 (recording by educational establishments of broadcasts)

        8. section 36 (copying and use of extracts of works by...

        9. ...

        10. ...

        11. ...

        12. section 41 (copying by librarians: supply of single copies to...

        13. ...

        14. section 42 (copying by librarians etc : replacement copies of...

        15. section 42A (copying by librarians: single copies of published works)...

        16. ...

        17. section 43 (copying by librarians or archivists: single copies of...

        18. section 44 (copy of work required to be made as...

        19. section 45 (Parliamentary and judicial proceedings)

        20. section 46 (Royal Commissions and statutory inquiries)

        21. section 47 (material open to public inspection or on official...

        22. section 48 (material communicated to the Crown in the course...

        23. section 49 (public records)

        24. section 50 (acts done under statutory authority)

        25. section 61 (recordings of folksongs)

        26. section 68 (incidental recording for purposes of broadcast)

        27. section 69 (recording for purposes of supervision and control of...

        28. section 70 (recording for purposes o f time-shifting)

        29. f time-shifting)

        30. section 71 (photographs of broadcasts)

        31. ...

        32. section 75 (recording of broadcast for archival purposes)

      2. PART 2 Rights in performances exceptions

        1. paragraph 1C of Schedule 2 (research and private study) paragraph...

      3. PART 3 Database right exceptions

        1. regulation 20 of and Schedule 1 to the Copyright and...

    10. SCHEDULE 6

      Provisions for the Benefit of Great Ormond Street Hospital for Children

      1. Interpretation

        1. 1.(1) In this Schedule— “ GOSH Children's Charity ” means...

      2. Entitlement to royalty

        1. 2.(1) GOSH Children's Charity is entitled, subject to the following...

      3. Exceptions

        1. 3.No royalty is payable in respect of—

      4. Saving

        1. 4.No royalty is payable in respect of anything done in...

      5. Procedure for determining amount payable

        1. 5.(1) In default of agreement application may be made to...

      6. Sums received to be held for the benefit of the Hospital

        1. 6.The sums received by GOSH Children's Charity by virtue of...

      7. Right only for the benefit of the Hospital

        1. 7.(1) The right of GOSH Children's Charity under this Schedule...

    11. SCHEDULE 7

      Consequential amendments: general

      1. British Mercantile Marine Uniform Act 1919 (c.62)

        1. 1.For section 2 of the British Mercantile Marine Uniform Act...

      2. Chartered Associations (Protection of Names and Uniforms) Act 1926 (c.26)

        1. 2.In section 1(5) of the Chartered Associations (Protection of Names...

      3. Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 (c.107)

        1. 3.(1) The Patents, Designs, Copyright and Trade Marks (Emergency) Act...

      4. Crown Proceedings Act 1947 (c.44)

        1. 4.(1) In the Crown Proceedings Act 1947 for section 3...

      5. Patents Act 1949 (c.87)

        1. 5.In section 47 of the Patents Act 1949 (rights of...

      6. Public Libraries (Scotland) Act 1955 (c.27)

        1. 6. Consequential amendments: general

      7. London County Council (General Powers) Act 1958 (c.xxi)

        1. 7.In section 36 of the London County Council (General Powers)...

      8. Public Libraries and Museums Act 1964 (c.75)

        1. 8. Consequential amendments: general

      9. Marine, &c., Broadcasting (Offences) Act 1967 (c.41)

        1. 9. Consequential amendments: general

      10. Medicines Act 1968 (c.67)

        1. 10.(1) Section 92 of the Medicines Act 1968 (scope of...

      11. Post Office Act 1969 (c.48)

        1. 11.In Schedule 10 to the Post Office Act 1969 (special...

      12. Merchant Shipping Act 1970 (c.36)

        1. 12.In section 87 of the Merchant Shipping Act 1970 (merchant...

      13. Taxes Management Act 1970 (c.9)

        1. 13.In section 16 of the Taxes Management Act 1970 (returns...

      14. Tribunals and Inquiries Act 1971 (c.62)

        1. 14. Consequential amendments: general

      15. Fair Trading Act 1973 (c.41)

        1. 15. Consequential amendments: general

      16. House of Commons Disqualification Act 1975 (c.24)

        1. 16.In Part II of Schedule 1 to the House of...

      17. Northern Ireland Assembly Disqualification Act 1975 (c.25)

        1. 17.In Part II of Schedule 1 to the Northern Ireland...

      18. Restrictive Trade Practices Act 1976 (c.34)

        1. 18.(1) The Restrictive Trade Practices Act 1976 is amended as...

      19. Resale Prices Act 1976 (c. 53)

        1. 19.In section 10(4) of the Resale Prices Act 1976 (patented...

      20. Patents Act 1977 (c. 37)

        1. 20.In section 57 of the Patents Act 1977 (rights of...

        2. 21.In section 105 of the Patents Act 1977 (privilege in...

        3. 22.In section 123(7) of the Patents Act 1977 (publication of...

        4. 23.In section 130(1) of the Patents Act 1977 (interpretation), in...

      21. Unfair Contract Terms Act 1977 (c. 50)

        1. 24.In paragraph 1 of Schedule 1 to the Unfair Contract...

      22. Judicature (Northern Ireland) Act 1978 (c. 23)

        1. 25.In section 94A of the Judicature (Northern Ireland) Act 1978...

      23. Capital Gains Tax Act 1979 (c. 14)

        1. 26. Consequential amendments: general

      24. British Telecommunications Act 1981 (c. 38)

        1. 27. Consequential amendments: general

      25. Senior Courts Act 1981 (c. 54)

        1. 28.(1) The Senior Courts Act 1981 is amended as follows....

        2. 29, 30. Consequential amendments: general

      26. Companies Act 1985 (c. 6)

        1. 31.(1) Part XII of the Companies Act 1985 (registration of...

      27. Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)

        1. 32.In section 15 of the Law Reform (Miscellaneous Provisions) (Scotland)...

      28. Atomic Energy Authority Act 1986 (c. 3)

        1. 33.In section 8(2) of the Atomic Energy Authority Act 1986...

      29. Education and Libraries (Northern Ireland) Order 1986 ( S.I. 1986/594 (N.I.3))

        1. 34. Consequential amendments: general

      30. Companies (Northern Ireland) Order 1986 ( S.I. 1986/1032 (N.I.6))

        1. 35. Consequential amendments: general

      31. Income and Corporation Taxes Act 1988 (c. 1)

        1. 36.(1) The Income and Corporation Taxes Act 1988 is amended...

    12. SCHEDULE 8

      Repeals

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