Version Superseded: 22/04/2011
Point in time view as at 31/10/2003. This version of this provision has been superseded.
There are currently no known outstanding effects for the Copyright, Designs and Patents Act 1988, Section 228.
(1)In this Part “infringing article”, in relation to a design, shall be construed in accordance with this section.
(2)An article is an infringing article if its making to that design was an infringement of design right in the design.
(3)An article is also an infringing article if—
(a)it has been or is proposed to be imported into the United Kingdom, and
(b)its making to that design in the United Kingdom would have been an infringement of design right in the design or a breach of an exclusive licence agreement relating to the design.
(4)Where it is shown that an article is made to a design in which design right subsists or has subsisted at any time, it shall be presumed until the contrary is proved that the article was made at a time when design right subsisted.
(5)Nothing in subsection (3) shall be construed as applying to an article which may lawfully be imported into the United Kingdom by virtue of any enforceable Community right within the meaning of section 2(1) of the M1European Communities Act 1972.
(6)The expression “infringing article” does not include a design document, notwithstanding that its making was or would have been an infringement of design right.
Marginal Citations
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