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(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned by them, that is to say
F1. . .
F2. . .
F2. . .
“assignee” includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person;
[F3 “ author ”in relation to a design, has the meaning given by section 2(3) and (4); ]
F4. . .
F2. . .
[F5 “ the court ” shall be construed in accordance with section 27 of this Act; ]
F6. . .
[F7“complex product” has the meaning assigned to it by section 1(3) of this Act;]
“design” has the meaning assigned to it by [F8[F9section 1(2)] of this Act];
[F10“electronic communication” has the same meaning as in the Electronic Communications Act 2000;]
[F11 “ employee ”, “ employment ”, and “ employer ” refer to employment under a contract of service or of apprenticeship, ]
[F7“national unregistered design right” means design right within the meaning of Part III of the Copyright, Designs and Patents Act 1988;]
F12. . .
“prescribed” means prescribed by rules made by [F13the Secretary of State] under this Act;
[F7“product” has the meaning assigned to it by section 1(3) of this Act;]
“proprietor” has the meaning assigned to it by section two of this Act;
F6. . .
“registered proprietor” means the person or persons for the time being entered in the register of designs as proprietor of the design;
“registrar” means the Comptroller-General of Patents Designs and Trade Marks;
F2. . .
F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of subsection (1) of [F15section 14 of this Act], the expression “personal representative”, in relation to a deceased person, includes the legal representative of the deceased appointed in any country outside the United Kingdom.
Subordinate Legislation Made
P1S. 44: power previously exercised by 1989/1105, 1131 and 1990/1698
P2S. 44(1): s. 36 (with ss. 40 and 44(1)) power exercised by S.I. 1991/1628
Textual Amendments
F1S. 44(1): definition of “Appeal Tribunal” omitted (6.4.2015) by virtue of Intellectual Property Act 2014 (c. 18), ss. 10(6), 24(1); S.I. 2015/165, art. 3
F2S. 44: definitions of“article”,“artistic work”,“corresponding design” and“set of articles” repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)
F3Definition inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(3)
F4Definition of “copyright” repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 31(4), Sch. 8
F5Definition substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(6)
F6Words in s. 44(1) omitted (31.12.2020) by virtue of The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 8 para. 10; 2020 c. 1, Sch. 5 para. 1(1)
F7S. 44(1): definitions of“complex product”,“national unregistered design right” and“product” inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(3) (with transitional provisions in regs. 10-14)
F8Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(7)
F9S. 44(1): words in the definition of“design” substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(2) (with transitional provisions in regs. 10-14)
F10Words in s. 44(1) inserted (1.10.2006) by Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229), arts. 1, 3
F11Definition inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(8)
F12Definition of “Journal” repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 272, 303(2), Sch. 3 para. 31(9), Sch. 8
F13Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 272, Sch. 3 para. 31(10)
F14S. 44(2)(3) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)
F15Words in s. 44(4) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(4) (with transitional provisions in regs. 10-14)