Intellectual Property Act 2014

2 Ownership of design

(1) In section 215 of the Copyright, Designs and Patents Act 1988 (ownership of unregistered design right)—

(a) in subsection (1), omit “in pursuance of a commission or”,

(b) omit subsection (2), and

(c) in subsection (3), omit “, in a case not falling within subsection (2)”.

(2) In consequence of subsection (1)—

(a) in section 213(5)(a) of that Act (person by reference to whom design qualifies for design right), for “the design was commissioned or the designer employed” substitute “the designer was employed”,

(b) in section 218 of that Act (design qualifies for design right by reference to designer), in subsection (1), omit “in pursuance of a commission or”,

(c) in section 219 of that Act (the title to which becomes “Qualification by reference to employer”), in subsection (1), for “in pursuance of a commission from, or in the course of employment with,” substitute “in the course of employment with”,

(d) in subsection (2) of that section, omit “a joint commission or” and “commissioners or”,

(e) in subsection (3) of that section, omit “jointly commissioned or”, “commissioners or” and “commissioner or”,

(f) in that subsection, for “215(2) or (3)” substitute “215(3)”,

(g) in section 220 of that Act (qualification by reference to first marketing), in subsection (1), omit “, commissioner”,

(h) in subsection (4)(a) of that section, omit “, commissioner of the design”,

(i) in section 263 of that Act (definitions), in subsection (1), in the definition of “British design”, omit “the design is commissioned or”,

(j) in that subsection, omit the definition of “commission”, and

(k) in section 264 of that Act (index of defined expressions), omit the entry for “commission”.

(3) This section does not apply to—

(a) any design created before the commencement of this section, or

(b) any design created after the commencement of this section in pursuance of a commission (irrespective of whether the design was commissioned before or after that commencement) provided that—

(i) the designer and the commissioner of the design have entered into a contract relating to the commission of the design, and

(ii) the contract was entered into before that commencement.