TITLE IITHE LAW RELATING TO DESIGNS
Section 4Effects of the F1supplementary unregistered design
Article 19Rights conferred by the F2supplementary unregistered design
1.
A F3supplementary unregistered design shall confer on its holder the exclusive right to use it and to prevent any third party not having his consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.
2.
F4A supplementary unregistered F5... design shall, however, confer on its holder the right to prevent the acts referred to in paragraph 1 only if the contested use results from copying the protected design.
The contested use shall not be deemed to result from copying the protected design if it results from an independent work of creation by a designer who may be reasonably thought not to be familiar with the design made available to the public by the holder.
F63.
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Article 20Limitation of the rights conferred by a F7supplementary unregistered design
1.
The rights conferred by a F8supplementary unregistered design shall not be exercised in respect of:
(a)
acts done privately and for non-commercial purposes;
(b)
acts done for experimental purposes;
(c)
acts of reproduction for the purpose of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of the source.
2.
In addition, the rights conferred by a F9supplementary unregistered design shall not be exercised in respect of:
(a)
the equipment on ships and aircraft registered in a third country when these temporarily enter the territory of the F10United Kingdom;
(b)
the importation in the F11United Kingdom of spare parts and accessories for the purpose of repairing such craft;
(c)
the execution of repairs on such craft.
Article 21Exhaustion of rights
The rights conferred by a F12supplementary unregistered design shall not extend to acts relating to a product in which a design included within the scope of protection of the F12supplementary unregistered design is incorporated or to which it is applied, when the product has been put on the market in the F13United Kingdom or the European Economic Area by the holder of the F12supplementary unregistered design or with his consent.
F14Article 22Rights of prior use in respect of a registered Community design
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F15Article 23Government use
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