Modifications etc. (not altering text)
C1Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch. (as amended (1.1.2024) by S.I. 2023/1285, regs. 1(2), 2(2))
(1)The designer is the first owner of any design right in a design which is not created F1... in the course of employment.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where F3... a design is created by an employee in the course of his employment, his employer is the first owner of any design right in the design.
(4)If a design qualifies for design right protection by virtue of section 220 (qualification by reference to first marketing of articles made to the design), the above rules do not apply and the person by whom the articles in question are marketed is the first owner of the design right.
Textual Amendments
F1Words in s. 215(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(1)(a), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.
F2S. 215(2) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(1)(b), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.
F3Words in s. 215(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(1)(c), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.