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5. Part III of the Act has effect as if for section 215 of the Act there was substituted the following:
“215.—(1) The designer is the first owner of any design right in a design which is not created in pursuance of a commission or in the course of employment.
(2) Where a design is created in pursuance of a commission, the person commissioning the design is the first owner of any design right in it subject to any agreement in writing to the contrary.
(3) Where, in a case not falling within subsection (2) 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 subject to any agreement in writing to the contrary.
(4) If a design qualifies for design right protection by virtue of section 220 (as modified by regulation 4(4) of the Design Right (Semiconductor Topographies) Regulations 1989), the above rules do not apply and, subject to regulation 7 of the said Regulations, the person by whom the articles in question are marketed is the first owner of the design right.”.
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