Part 1Design

Unregistered design right

1Meaning of “design” and “original”

(1)

In section 213(2) of the Copyright, Designs and Patents Act 1988 (unregistered design right: meaning of “design”), in subsection (2), omit “any aspect of”.

(2)

In section 51 of that Act (copyright infringement: exception for certain designs), in subsection (3), in the definition of “design”, omit “any aspect of”.

(3)

In section 213(4) of that Act (unregistered design right: meaning of “original”)—

(a)

after “commonplace” insert “ in a qualifying country ”, and

(b)

at the end insert “ ; and “qualifying country” has the meaning given in section 217(3) ”.

(4)

Subsection (3) applies only to designs created after the commencement of that subsection.