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Copyright, Designs and Patents Act 1988

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Qualification for design right protectionE+W+S+N.I.

217 Qualifying individuals and qualifying persons.E+W+S+N.I.

(1)In this Part—

  • F1...

  • [F2qualifying 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)References in this Part to a qualifying person include the Crown and the government of any other qualifying country.

(3)In this section “qualifying country” means—

(a)the United Kingdom,

(b)a country to which this Part extends by virtue of an Order under section 255,

(c)another member State of the [F3European Union], or

(d)to the extent that an Order under section 256 so provides, a country designated under that section as enjoying reciprocal protection.

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In determining for the purpose of the definition of “qualifying person” whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 217(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(1)(a), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F2Words in s. 217(1) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 3(1)(b), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F4S. 217(4) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(2), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

218 Qualification by reference to designer.E+W+S+N.I.

(1)This section applies to a design which is not created F5...in the course of employment.

(2)A design to which this section applies qualifies for design right protection if the designer is F6... a qualifying person.

(3)A joint design to which this section applies qualifies for design right protection if any of the designers is F7... a qualifying person.

(4)Where a joint design qualifies for design right protection under this section, only those designers who are F8... qualifying persons are entitled to design right under section 215(1) (first ownership of design right: entitlement of designer).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Words in s. 218(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(b), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F6Words in s. 218(2) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(3)(a), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F7Words in s. 218(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(3)(b), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F8Words in s. 218(4) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(3)(c), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

219 [F9Qualification by reference to employer].E+W+S+N.I.

(1)A design qualifies for design right protection if it is created [F10in the course of employment with ] a qualifying person.

(2)In the case of F11... joint employment a design qualifies for design right protection if any of the F11... employers is a qualifying person.

(3)Where a design which is F12... created in the course of joint employment qualifies for design right protection under this section, only those F12... employers who are qualifying persons are entitled to design right under section [F13215(3)] (first ownership of design right: entitlement of F12... employer).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9S. 219 heading substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(c), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F10Words in s. 219(1) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(c), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F11Words in s. 219(2) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(d), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F12Words in s. 219(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(e), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F13Word in s. 219(3) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(f), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

220 Qualification by reference to first marketing.E+W+S+N.I.

(1)A design which does not qualify for design right protection under section 218 or 219 (qualification by reference to designerF14... or employer) qualifies for design right protection if the first marketing of articles made to the design—

(a)is by a qualifying person F15..., and

(b)takes place in the United Kingdom, another country to which this Part extends by virtue of an Order under section 255, or another member State of the [F16European Union].

(2)If the first marketing of articles made to the design is done jointly by two or more persons, the design qualifies for design right protection if any of those persons meets the [F17 requirement] specified in subsection (1)(a).

(3)In such a case only the persons who meet [F18that requirement ] are entitled to design right under section 215(4) (first ownership of design right: entitlement of first marketer of articles made to the design).

F19(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F14Word in s. 220(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(g), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F15Words in s. 220(1)(a) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(4)(a), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F17Word in s. 220(2) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 3(4)(b), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F18Words in s. 220(3) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 3(4)(c), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F19S. 220(4) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(4)(d), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

221 Power to make further provision as to qualification.E+W+S+N.I.

(1)Her Majesty may, with a view to fulfilling an international obligation of the United Kingdom, by Order in Council provide that a design qualifies for design right protection if such requirements as are specified in the Order are met.

(2)An Order may make different provision for different descriptions of design or article; and may make such consequential modifications of the operation of sections 215 (ownership of design right) and sections 218 to 220 (other means of qualification) as appear to Her Majesty to be appropriate.

(3)A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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