Search Legislation

Copyright, Designs and Patents Act 1988

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 247

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Copyright, Designs and Patents Act 1988, Section 247. Help about Changes to Legislation

247 Application to settle terms of licence of right.U.K.

(1)A person requiring a licence which is available as of right by virtue of—

(a)section 237 (licences available in last five years of design right), or

(b)an order under section 238 (licences made available in the public interest),

may apply to the comptroller to settle the terms of the licence.

(2)No application for the settlement of the terms of a licence available by virtue of section 237 may be made earlier than one year before the earliest date on which the licence may take effect under that section.

(3)The terms of a licence settled by the comptroller shall authorise the licensee to do—

(a)in the case of licence available by virtue of section 237, everything which would be an infringement of the design right in the absence of a licence;

(b)in the case of a licence available by virtue of section 238, everything in respect of which a licence is so available.

(4)In settling the terms of a licence the comptroller shall have regard to such factors as may be prescribed by the Secretary of State by order made by statutory instrument.

(5)No such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(6)Where the terms of a licence are settled by the comptroller, the licence has effect—

(a)in the case of an application in respect of a licence available by virtue of section 237 made before the earliest date on which the licence may take effect under that section, from that date;

(b)in any other case, from the date on which the application to the comptroller was made.

Back to top

Options/Help

You have chosen to open The Whole Act without Schedules

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?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?