C1Part III Design Right
Chapter I Design right in original designs
Qualification for design right protection
217 Qualifying individuals and qualifying persons.
1
In this Part—
“qualifying individual” means a citizen or subject of, or an individual habitually resident in, a qualifying country; and
“qualifying person” means a qualifying individual or a body corporate or other body having legal personality which—
a
is formed under the law of a part of the United Kingdom or another qualifying country, and
b
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 European Economic Community, or
d
to the extent that an Order under section 256 so provides, a country designated under that section as enjoying reciprocal protection.
4
The reference in the definition of “qualifying individual” to a person’s being a citizen or subject of a qualifying country shall be construed—
a
in relation to the United Kingdom, as a reference to his being a British citizen, and
b
in relation to a colony of the United Kingdom, as a reference to his being a British Dependent Territories’ citizen by connection with that colony.
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.
Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch.