The Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend provisions of the Design Right (Semiconductor Topographies) Regulations 1989 (S.I. 1989/1100), the Artist’s Resale Right Regulations 2006 (S.I. 2006/346), the Copyright Tribunal Rules 2010 (S.I. 2010/791) and the Collective Management of Copyright (EU Directive) Regulations 2016 (S.I. 2016/221). The provisions that are amended are secondary retained EU law within the meaning of section 11(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).

Regulation 2 amends the Design Right (Semiconductor Topographies) Regulations 1989 (“the 1989 Regulations”). The 1989 Regulations modify the application of Part 3 of the Copyright, Designs and Patents Act 1988 (c. 48) (“the 1988 Act”) to a design which is a semiconductor topography. Regulation 2 amends the modified section 217(3) of the 1988 Act to include within the definition of “qualifying country” any country that is a member of the World Trade Organisation.

Regulation 3 amends the Artist’s Resale Right Regulations 2006 (“the 2006 Regulations”). The requirement to calculate the sale price in euro is removed, and all the thresholds specified in the 2006 Regulations in euro are replaced with thresholds specified in GBP. The amendments do not apply to sales where the contract date preceded the date on which the amendments come into force (regulation 4).

Regulation 5 amends the Copyright Tribunal Rules 2010 to require a response to proceedings, or a request for permission to intervene in proceedings, to state an address for service in the United Kingdom.

Regulations 6 to 8 amend the Collective Management of Copyright (EU Directive) Regulations 2016. Regulation 7 replaces existing exemptions from certain obligations for collective management organisations (“CMOs”) that fall within the European Commission’s definition of a micro enterprise with equivalent exemptions for CMOs that are companies that qualify as a micro-entity under section 384A of the Companies Act 2006 (c. 46) (“the 2006 Act”). Regulation 8 exempts CMOs that are companies that qualify as small under section 382(1) to (6) of the 2006 Act from the requirement for CMOs to have accounting information in their annual transparency report audited.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

A copy of this instrument and the Explanatory Memorandum are available from the Intellectual Property Office, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ. The Explanatory Memorandum is also available alongside this instrument on the Legislation UK website at www.legislation.gov.uk.