Modifications etc. (not altering text)
C1Pt. 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))
(1)This section applies where a person making an application under section 247 (settlement of terms of licence of right) is unable on reasonable inquiry to discover the identity of the design right owner.
(2)The comptroller may in settling the terms of the licence order that the licence shall be free of any obligation as to royalties or other payments.
(3)If such an order is made the design right owner may apply to the comptroller to vary the terms of the licence with effect from the date on which his application is made.
(4)If the terms of a licence are settled by the comptroller and it is subsequently established that a licence was not available as of right, the licensee shall not be liable in damages for, or for an account of profits in respect of, anything done before he was aware of any claim by the design right owner that a licence was not available.