- Latest available (Revised)
- Point in Time (11/11/2004)
- Original (As enacted)
Version Superseded: 03/05/2007
Point in time view as at 11/11/2004.
There are currently no known outstanding effects for the Copyright, Designs and Patents Act 1988, Chapter V.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Where a person threatens another person with proceedings for infringement of design right, a person aggrieved by the threats may bring an action against him claiming—
(a)a declaration to the effect that the threats are unjustifiable;
(b)an injunction against the continuance of the threats;
(c)damages in respect of any loss which he has sustained by the threats.
(2)If the plaintiff proves that the threats were made and that he is a person aggrieved by them, he is entitled to the relief claimed unless the defendant shows that the acts in respect of which proceedings were threatened did constitute, or if done would have constituted, an infringement of the design right concerned.
(3)Proceedings may not be brought under this section in respect of a threat to bring proceedings for an infringement alleged to consist of making or importing anything.
(4)Mere notification that a design is protected by design right does not constitute a threat of proceedings for the purposes of this section.
(1)A person who has a licence in respect of a design by virtue of section 237 or 238 (licences of right) shall not, without the consent of the design right owner—
(a)apply to goods which he is marketing, or proposes to market, in reliance on that licence a trade description indicating that he is the licensee of the design right owner, or
(b)use any such trade description in an advertisement in relation to such goods.
(2)A contravention of subsection (1) is actionable by the design right owner.
(3)In this section “trade description”, the reference to applying a trade description to goods and “advertisement” have the same meaning as in the M1Trade Descriptions Act 1968.
Marginal Citations
(1)This Part extends to England and Wales, Scotland and Northern Ireland.
(2)Her Majesty may by Order in Council direct that this Part shall extend, subject to such exceptions and modifications as may be specified in the Order, to—
(a)any of the Channel Islands,
(b)the Isle of Man, or
(c)any colony.
(3)That power includes power to extend, subject to such exceptions and modifications as may be specified in the Order, any Order in Council made under section 221 (further provision as to qualification for design right protection) or section 256 (countries enjoying reciprocal protection).
(4)The legislature of a country to which this Part has been extended may modify or add to the provisions of this Part, in their operation as part of the law of that country, as the legislature may consider necessary to adapt the provisions to the circumstances of that country; but not so as to deny design right protection in a case where it would otherwise exist.
(5)Where a country to which this Part extends ceases to be a colony of the United Kingdom, it shall continue to be treated as such a country for the purposes of this Part until—
(a)an Order in Council is made under section 256 designating it as a country enjoying reciprocal protection, or
(b)an Order in Council is made declaring that it shall cease to be so treated by reason of the fact that the provisions of this Part as part of the law of that country have been amended or repealed.
(6)A statutory instrument containing an Order in Council under subsection (5)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)Her Majesty may, if it appears to Her that the law of a country provides adequate protection for British designs, by Order in Council designate that country as one enjoying reciprocal protection under this Part.
(2)If the law of a country provides adequate protection only for certain classes of British design, or only for designs applied to certain classes of article, any Order designating that country shall contain provision limiting, to a corresponding extent, the protection afforded by this Part in relation to designs connected with that country.
(3)An Order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)For the purposes of this Part the territorial waters of the United Kingdom shall be treated as part of the United Kingdom.
(2)This Part applies to things done in the United Kingdom sector of the continental shelf on a structure or vessel which is present there for purposes directly connected with the exploration of the sea bed or subsoil or the exploitation of their natural resources as it applies to things done in the United Kingdom.
(3)The United Kingdom sector of the continental shelf means the areas designated by order under section 1(7) of the M2Continental Shelf Act 1964.
Marginal Citations
(1)Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of design right in a work, the design right owner for any purpose of this Part is the person who is entitled to the right in the respect relevant for that purpose.
(2)Where design right (or any aspect of design right) is owned by more than one person jointly, references in this Part to the design right owner are to all the owners, so that, in particular, any requirement of the licence of the design right owner requires the licence of all of them.
(1)In this Part a “joint design” means a design produced by the collaboration of two or more designers in which the contribution of each is not distinct from that of the other or others.
(2)References in this Part to the designer of a design shall, except as otherwise provided, be construed in relation to a joint design as references to all the designers of the design.
(1)The provisions of this Part apply in relation to a kit, that is, a complete or substantially complete set of components intended to be assembled into an article, as they apply in relation to the assembled article.
(2)Subsection (1) does not affect the question whether design right subsists in any aspect of the design of the components of a kit as opposed to the design of the assembled article.
The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal—
section 222(3) (assignment of design right),
section 223(1) (assignment of future design right),
section 225(1) (grant of exclusive licence).
In the application of this Part to Scotland—
“account of profits” means accounting and payment of profits;
“accounts” means count, reckoning and payment;
“assignment” means assignation;
“costs” means expenses;
“defendant” means defender;
“delivery up” means delivery;
“injunction” means interdict;
“interlocutory relief” means interim remedy; and
“plaintiff” means pursuer.
(1)In this Part—
“British design” means a design which qualifies for design right protection by reason of a connection with the United Kingdom of the designer or the person by whom the design is commissioned or the designer is employed;
“business” includes a trade or profession;
“commission” means a commission for money or money’s worth;
“the comptroller” means the Comptroller-General of Patents, Designs and Trade Marks;
“computer-generated”, in relation to a design, means that the design is generated by computer in circumstances such that there is no human designer,
“country” includes any territory;
“the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland [F1and the Crown in right of the Scottish Administration];
“design document” means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise;
“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;
“government department” includes a Northern Ireland department [F2and any part of the Scottish Administration].
(2)References in this Part to “marketing”, in relation to an article, are to its being sold or let for hire, or offered or exposed for sale or hire, in the course of a business, and related expressions shall be construed accordingly; but no account shall be taken for the purposes of this Part of marketing which is merely colourable and not intended to satisfy the reasonable requirements of the public.
(3)References in this Part to an act being done in relation to an article for “commercial purposes” are to its being done with a view to the article in question being sold or hired in the course of a business.
Textual Amendments
F1Words in definition of "the Crown" in s. 263(1) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 93(4)(a); S.I. 1998/3178, art. 3
F2Words in definition of "government department" in s. 263(1) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 93(4)(b); S.I. 1998/3178, art. 3
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—
account of profits and accounts (in Scotland) | section 262 |
assignment (in Scotland) | section 262 |
British designs | section 263(1) |
business | section 263(1) |
commercial purposes | section 263(3) |
commission | section 263(1) |
the comptroller | section 263(1) |
computer-generated | section 263(1) |
costs (in Scotland) | section 262 |
country | section 263(1) |
the Crown | section 263(1) |
Crown use | sections 240(5) and 244(2) |
defendant (in Scotland) | section 262 |
delivery up (in Scotland) | section 262 |
design | section 213(2) |
design document | section 263(1) |
designer | sections 214 and 259(2) |
design right | section 213(1) |
design right owner | sections 234(2) and 258 |
employee, employment and employer | section 263(1) |
exclusive licence | section 225(1) |
government department | section 263(1) |
government department concerned (in relation to Crown use) | section 240(5) |
infringing article | section 228 |
injunction (in Scotland) | section 262 |
interlocutory relief (in Scotland) | section 262 |
joint design | section 259(1) |
licence (of the design right owner) | sections 222(4), 223(3) and 258 |
making articles to a design | section 226(2) |
marketing (and related expressions) | section 263(2) |
original | section 213(4) |
plaintiff (in Scotland) | section 262 |
qualifying individual | section 217(1) |
qualifying person | sections 217(1) and (2) |
signed | section 261 |
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: