Part 1Design
Registered Community design
I15Infringement: exception
1
Section 53 of the Copyright, Designs and Patents Act 1988 (permitted acts in relation to copyright works: things done in reliance on registration of design) is amended as follows.
2
In subsection (1), in paragraph (a)—
a
after “registered” insert
—
i
b
after “corresponding design” insert
, or
ii
under the Community Design Regulation as the right holder of a corresponding registered Community design
3
In paragraph (b) of that subsection, after “the registration or” insert “
, in a case of registration under the 1949 Act,
”
.
4
At the end of that subsection, insert “
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
”
.
5
After subsection (2), insert—
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.
6
After subsection (3), insert—
4
In this section, “the Community Design Regulation” means Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.