Part 1Design

Registered Community design

5Infringement: exception

(1)

Section 53 of the Copyright, Designs and Patents Act 1988 (permitted acts in relation to copyright works: things done in reliance on registration of design) is amended as follows.

(2)

In subsection (1), in paragraph (a)—

(a)

after “registered” insert“—

(i)”, and

(b)

after “corresponding design” insert“, or

(ii)

under the Community Design Regulation as the right holder of a corresponding registered Community design”.

(3)

In paragraph (b) of that subsection, after “the registration or” insert “ , in a case of registration under the 1949 Act, ”.

(4)

At the end of that subsection, insert “ or, in a case of registration under the Community Design Regulation, that the person registered as the right holder was not the right holder of the design for the purposes of the Regulation ”.

(5)

After subsection (2), insert—

“(3)

In subsection (1), a “corresponding registered Community design”, in relation to an artistic work, means a design within the meaning of the Community Design Regulation which if applied to an article would produce something which would be treated for the purposes of this Part as a copy of the artistic work.”

(6)

After subsection (3), insert—

“(4)

In this section, “the Community Design Regulation” means Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.”