Copyright, Designs and Patents Act 1988

263 Minor definitions. U.K.

(1) In this Part—

• “British design” means a design which qualifies for design right protection by reason of a connection with the United Kingdom of the designer or the person by whom the design is commissioned or the designer is employed;

• “business” includes a trade or profession;

• “commission” means a commission for money or money’s worth;

• “the comptroller” means the Comptroller-General of Patents, Designs and Trade Marks;

• “computer-generated”, in relation to a design, means that the design is generated by computer in circumstances such that there is no human designer,

• “country” includes any territory;

• “the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland [F1 and the Crown in right of the Scottish Administration];

• “design document” means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise;

• “employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

• “government department” includes a Northern Ireland department [F2 and any part of the Scottish Administration].

(2) References in this Part to “marketing”, in relation to an article, are to its being sold or let for hire, or offered or exposed for sale or hire, in the course of a business, and related expressions shall be construed accordingly; but no account shall be taken for the purposes of this Part of marketing which is merely colourable and not intended to satisfy the reasonable requirements of the public.

(3) References in this Part to an act being done in relation to an article for “commercial purposes” are to its being done with a view to the article in question being sold or hired in the course of a business.

Textual Amendments

F1 Words in definition of "the Crown" in s. 263(1) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 93(4)(a); S.I. 1998/3178, art. 3

F2 Words in definition of "government department" in s. 263(1) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 93(4)(b); S.I. 1998/3178, art. 3