Part III Design Right
Chapter I Design right in original designs
Qualification for design right protection
220 Qualification by reference to first marketing.
(1)
A design which does not qualify for design right protection under section 218 or 219 (qualification by reference to designerF1... or employer) qualifies for design right protection if the first marketing of articles made to the design—
(a)
is by a qualifying person F2..., and
(b)
takes place in the United Kingdom, another country to which this Part extends by virtue of an Order under section 255, or another member State of the F3European Union.
(2)
If the first marketing of articles made to the design is done jointly by two or more persons, the design qualifies for design right protection if any of those persons meets the F4 requirement specified in subsection (1)(a).
(3)
In such a case only the persons who meet F5that requirement are entitled to design right under section 215(4) (first ownership of design right: entitlement of first marketer of articles made to the design).
F6(4)
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