C1Part III Design Right
Chapter V Miscellaneous and General
F1Licensee under licence of right not to claim connection with design right owner
S. 254 cross-heading inserted (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 5(3), 8; S.I. 2017/771, reg. 2(1)(b) (with reg. 3)
254 Licensee under licence of right not to claim connection with design right owner.
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.
Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch. (as amended (1.1.2024) by S.I. 2023/1285, regs. 1(2), 2(2))