Copyright, Designs and Patents Act 1988

Registration of same design in respect of other articles, etc.U.K.

4(1)Where the registered proprietor of a design registered in respect of any article makes an application—

(a)for registration in respect of one or more other articles, of the registered design, or

(b)for registration in respect of the same or one or more other articles, of a design consisting of the registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof,

the application shall not be refused and the registration made on that application shall not be invalidated by reason only of the previous registration or publication of the registered design:

Provided that the right in a design registered by virtue of this section shall not extend beyond the end of the period, and any extended period, for which the right subsists in the original registered design.

(2)Where any person makes an application for the registration of a design in respect of any article and either—

(a)that design has been previously registered by another person in respect of some other article; or

(b)the design to which the application relates consists of a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof,

then, if at any time while the application is pending the applicant becomes the registered proprietor of the design previously registered, the foregoing provisions of this section shall apply as if at the time of making the application the applicant had been the registered proprietor of that design.