17.Subsection (1) removes the definition of “qualifying individual” and amends the definition of “qualifying person”, and subsection (4) amends “qualification by first marketing”. Whether a design qualifies for protection because of the circumstances in which articles made to the design were first put on sale (first marketed) will now depend on the country in which those sales took place, as well as the person who did the marketing having the status of a “qualifying person” (see paragraph 18 below). It will no longer be a requirement that that person has exclusive authorisation to market the articles in the UK.
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