Part 1Design

Unregistered design right

I12Ownership of design

1

In section 215 of the Copyright, Designs and Patents Act 1988 (ownership of unregistered design right)—

a

in subsection (1), omit “in pursuance of a commission or”,

b

omit subsection (2), and

c

in subsection (3), omit “, in a case not falling within subsection (2)”.

2

In consequence of subsection (1)—

a

in section 213(5)(a) of that Act (person by reference to whom design qualifies for design right), for “the design was commissioned or the designer employed” substitute “ the designer was employed ”,

b

in section 218 of that Act (design qualifies for design right by reference to designer), in subsection (1), omit “in pursuance of a commission or”,

c

in section 219 of that Act (the title to which becomes “ Qualification by reference to employer ”), in subsection (1), for “in pursuance of a commission from, or in the course of employment with,” substitute “ in the course of employment with ”,

d

in subsection (2) of that section, omit “a joint commission or” and “commissioners or”,

e

in subsection (3) of that section, omit “jointly commissioned or”, “commissioners or” and “commissioner or”,

f

in that subsection, for “215(2) or (3)” substitute “ 215(3) ”,

g

in section 220 of that Act (qualification by reference to first marketing), in subsection (1), omit “, commissioner”,

h

in subsection (4)(a) of that section, omit “, commissioner of the design”,

i

in section 263 of that Act (definitions), in subsection (1), in the definition of “British design”, omit “the design is commissioned or”,

j

in that subsection, omit the definition of “commission”, and

k

in section 264 of that Act (index of defined expressions), omit the entry for “commission”.

3

This section does not apply to—

a

any design created before the commencement of this section, or

b

any design created after the commencement of this section in pursuance of a commission (irrespective of whether the design was commissioned before or after that commencement) provided that—

i

the designer and the commissioner of the design have entered into a contract relating to the commission of the design, and

ii

the contract was entered into before that commencement.