Part 1

Design

Unregistered design right

Ownership of design
2
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.