Part 1Design

Unregistered design right

3Qualification 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.