Copyright, Designs and Patents Act 1988 (c. 48)

Part III U.K. Design Right

Modifications etc. (not altering text)

C1 Pt. 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))

Chapter V U.K. Miscellaneous and General

[F1 Licensee under licence of right not to claim connection with design right owner] U.K.

Textual Amendments

F1 S. 254 cross-heading inserted (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 5(3), 8; S.I. 2017/771, reg. 2(1)(b) (with reg. 3)

254 Licensee under licence of right not to claim connection with design right owner. U.K.

(1) A person who has a licence in respect of a design by virtue of section 237 or 238 (licences of right) shall not, without the consent of the design right owner—

(a) apply to goods which he is marketing, or proposes to market, in reliance on that licence a trade description indicating that he is the licensee of the design right owner, or

(b) use any such trade description in an advertisement in relation to such goods.

(2) A contravention of subsection (1) is actionable by the design right owner.

(3) In this section “trade description”, the reference to applying a trade description to goods and “advertisement” have the same meaning as in the M1 Trade Descriptions Act 1968.

Marginal Citations

M1 1968 c. 29.