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Part IIIU.K. Design Right

Modifications etc. (not altering text)

C1Pt. III (ss. 213–264) modified by S.I. 1989/1100, art. 3

Chapter IU.K. Design right in original designs

Qualification for design right protectionU.K.

217 Qualifying individuals and qualifying persons.U.K.

(1)In this Part—

(a)an individual habitually resident in a qualifying country, or

(b)a body corporate or other body having legal personality which—

(i)is formed under the law of a part of the United Kingdom or another qualifying country, and

(ii)has in any qualifying country a place of business at which substantial business activity is carried on.]

(2)References in this Part to a qualifying person include the Crown and the government of any other qualifying country.

(3)In this section “qualifying country” means—

(a)the United Kingdom,

(b)a country to which this Part extends by virtue of an Order under section 255, [F3or]

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to the extent that an Order under section 256 so provides, a country designated under that section as enjoying reciprocal protection.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In determining for the purpose of the definition of “qualifying person” whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country.

218 Qualification by reference to designer.U.K.

(1)This section applies to a design which is not created F6...in the course of employment.

(2)A design to which this section applies qualifies for design right protection if the designer is F7... a qualifying person.

(3)A joint design to which this section applies qualifies for design right protection if any of the designers is F8... a qualifying person.

(4)Where a joint design qualifies for design right protection under this section, only those designers who are F9... qualifying persons are entitled to design right under section 215(1) (first ownership of design right: entitlement of designer).

Textual Amendments

F6Words in s. 218(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(b), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F7Words in s. 218(2) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(3)(a), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F8Words in s. 218(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(3)(b), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F9Words in s. 218(4) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(3)(c), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

219 [F10Qualification by reference to employer].U.K.

(1)A design qualifies for design right protection if it is created [F11in the course of employment with ] a qualifying person.

(2)In the case of F12... joint employment a design qualifies for design right protection if any of the F12... employers is a qualifying person.

(3)Where a design which is F13... created in the course of joint employment qualifies for design right protection under this section, only those F13... employers who are qualifying persons are entitled to design right under section [F14215(3)] (first ownership of design right: entitlement of F13... employer).

Textual Amendments

F10S. 219 heading substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(c), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F11Words in s. 219(1) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(c), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F12Words in s. 219(2) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(d), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F13Words in s. 219(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(e), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F14Word in s. 219(3) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(f), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

220 Qualification by reference to first marketing.U.K.

(1)A design which does not qualify for design right protection under section 218 or 219 (qualification by reference to designerF15... or employer) qualifies for design right protection if the first marketing of articles made to the design—

(a)is by a qualifying person F16..., and

(b)takes place in the United Kingdom [F17or], another country to which this Part extends by virtue of an Order under section 255, F18....

(2)If the first marketing of articles made to the design is done jointly by two or more persons, the design qualifies for design right protection if any of those persons meets the [F19 requirement] specified in subsection (1)(a).

(3)In such a case only the persons who meet [F20that requirement ] are entitled to design right under section 215(4) (first ownership of design right: entitlement of first marketer of articles made to the design).

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Word in s. 220(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(g), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.

F16Words in s. 220(1)(a) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(4)(a), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F19Word in s. 220(2) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 3(4)(b), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F20Words in s. 220(3) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 3(4)(c), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

F21S. 220(4) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(4)(d), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

221 Power to make further provision as to qualification.U.K.

(1)Her Majesty may, with a view to fulfilling an international obligation of the United Kingdom, by Order in Council provide that a design qualifies for design right protection if such requirements as are specified in the Order are met.

(2)An Order may make different provision for different descriptions of design or article; and may make such consequential modifications of the operation of sections 215 (ownership of design right) and sections 218 to 220 (other means of qualification) as appear to Her Majesty to be appropriate.

(3)A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.