C1Part III Design Right
Chapter III Exceptions to Rights of Design Right Owners
Availability of licences of right
237 Licences available in last five years of design right.
1
Any person is entitled as of right to a licence to do in the last five years of the design right term anything which would otherwise infringe the design right.
2
The terms of the licence shall, in default of agreement, be settled by the comptroller.
3
The Secretary of State may if it appears to him necessary in order to—
a
comply with an international obligation of the United Kingdom, or
b
secure or maintain reciprocal protection for British designs in other countries,
by order exclude from the operation of subsection (1) designs of a description specified in the order or designs applied to articles of a description so specified.
4
An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch. (as amended (1.1.2024) by S.I. 2023/1285, regs. 1(2), 2(2))