Part III U.K. Design Right

Modifications etc. (not altering text)

C1 Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch.

Chapter III U.K. Exceptions to Rights of Design Right Owners

Availability of licences of right U.K.

237 Licences available in last five years of design right. U.K.

(1) Any person is entitled as of right to a licence to do in the last five years of the design right term anything which would otherwise infringe the design right.

(2) The terms of the licence shall, in default of agreement, be settled by the comptroller.

(3) The Secretary of State may if it appears to him necessary in order to—

(a) comply with an international obligation of the United Kingdom, or

(b) secure or maintain reciprocal protection for British designs in other countries,

by order exclude from the operation of subsection (1) designs of a description specified in the order or designs applied to articles of a description so specified.

(4) An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.