Part 1Design

Unregistered design right

I13Qualification criteria

1

In section 217 of that Act (qualifying individuals and qualifying persons), in subsection (1)—

a

omit the definition of “qualifying individual”, and

b

for the definition of “qualifying person” substitute—

qualifying person” means—

a

an individual habitually resident in a qualifying country, or

b

a body corporate or other body having legal personality which—

i

is formed under the law of a part of the United Kingdom or another qualifying country, and

ii

has in any qualifying country a place of business at which substantial business activity is carried on.

2

In that section, omit subsection (4).

3

In section 218 of that Act (qualification by reference to designer)—

a

in subsection (2), omit “a qualifying individual or, in the case of a computer-generated design,”

b

in subsection (3), omit “a qualifying individual or, as the case may be,”, and

c

in subsection (4), omit “qualifying individuals or”.

4

In section 220 of that Act (qualification by reference to first marketing)—

a

in subsection (1)(a), omit “who is exclusively authorised to put such articles on the market in the United Kingdom”,

b

in subsection (2), for “requirements” substitute “ requirement ”,

c

in subsection (3), for “those requirements” substitute “ that requirement ”, and

d

omit subsection (4).

5

In section 264 of that Act (index of defined expressions), in the Table, omit the entry for “qualifying individual”.

6

This section applies only to designs created after the commencement of this section.