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Copyright, Designs and Patents Act 1988
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2011/2196 art. 2 commences (2007 c. 29)
226 Primary infringement of design right.E+W+S+N.I.
(1)The owner of design right in a design has the exclusive right to reproduce the design for commercial purposes—
(a)by making articles to that design, or
(b)by making a design document recording the design for the purpose of enabling such articles to be made.
(2)Reproduction of a design by making articles to the design means copying the design so as to produce articles exactly or substantially to that design, and references in this Part to making articles to a design shall be construed accordingly.
(3)Design right is infringed by a person who without the licence of the design right owner does, or authorises another to do, anything which by virtue of this section is the exclusive right of the design right owner.
(4)For the purposes of this section reproduction may be direct or indirect, and it is immaterial whether any intervening acts themselves infringe the design right.
(5)This section has effect subject to the provisions of Chapter III (exceptions to rights of design right owner).
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