Copyright, Designs and Patents Act 1988

53 Things done in reliance on registration of design. U.K.

(1) The copyright in an artistic work is not infringed by anything done—

(a) in pursuance of an assignment or licence made or granted by a person registered[F1 —

(i)] under the M1 Registered Designs Act 1949 as the proprietor of a corresponding design, and[F2 , or

(ii) under the Community Design Regulation as the right holder of a corresponding registered Community design]

(b) in good faith in reliance on the registration and without notice of any proceedings for the cancellation [F3 or invalidation] of the registration or[F4 , in a case of registration under the 1949 Act,] for rectifying the relevant entry in the register of designs;

and this is so notwithstanding that the person registered as the proprietor was not the proprietor of the design for the purposes of the 1949 Act[F5 or, in a case of registration under the Community Design Regulation, that the person registered as the right holder was not the right holder of the design for the purposes of the Regulation].

(2) In subsection (1) a “corresponding design”, in relation to an artistic work, means a design within the meaning of the 1949 Act which if applied to an article would produce something which would be treated for the purposes of this Part as a copy of the artistic work.

[F6 (3) In subsection (1), a “ corresponding registered Community design ”, in relation to an artistic work, means a design within the meaning of the Community Design Regulation which if applied to an article would produce something which would be treated for the purposes of this Part as a copy of the artistic work. ]

[F7 (4) In this section, “ the Community Design Regulation ” means Council Regulation ( EC ) No 6/2002 of 12 December 2001 on Community designs. ]

Textual Amendments

F1 Word in s. 53(1)(a) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(2)(a), 24(1); S.I. 2014/2330, art. 3, Sch.

F2 Words in s. 53(1)(a) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(2)(b), 24(1); S.I. 2014/2330, art. 3, Sch.

F3 Words in s. 53(1)(b) inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 16 (with transitional provisions in regs. 10-14)

F4 Words in s. 53(1)(b) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(3), 24(1); S.I. 2014/2330, art. 3, Sch.

F5 Words in s. 53(1) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(4), 24(1); S.I. 2014/2330, art. 3, Sch.

F6 S. 53(3) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(5), 24(1); S.I. 2014/2330, art. 3, Sch.

F7 S. 53(4) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 5(6), 24(1); S.I. 2014/2330, art. 3, Sch.

Marginal Citations

M1 1949 c. 88.