Intellectual Property Act 2014
| Jurisdiction | UK Non-devolved |
(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”.after “commonplace” insert “ in a qualifying country ” , andat 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.in subsection (1) , omit “in pursuance of a commission or”,omit subsection (2) , andin subsection (3) , omit “, in a case not falling within subsection (2) ”.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 ” ,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”,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 ” ,in subsection (2) of that section, omit “a joint commission or” and “commissioners or”,in subsection (3) of that section, omit “jointly commissioned or”, “commissioners or” and “commissioner or”,in that subsection, for “215(2) or (3) ” substitute “ 215(3) ” ,in section 220 of that Act (qualification by reference to first marketing) , in subsection (1) , omit “, commissioner”,in subsection (4) (a) of that section, omit “, commissioner of the design”,in section 263 of that Act (definitions) , in subsection (1) , in the definition of “British design”, omit “the design is commissioned or”,in that subsection, omit the definition of “commission”, andin section 264 of that Act (index of defined expressions) , omit the entry for “commission”.any design created before the commencement of this section, orthe designer and the commissioner of the design have entered into a contract relating to the commission of the design, andthe contract was entered into before that commencement.omit the definition of “qualifying individual”, andfor the definition of “qualifying person” substitute—“ requirement ” ,in subsection (3) , for “those requirements” substitute “ that requirement ” , andomit subsection (4) .(5) In section 264 of that Act (index of defined expressions) , in the Table, omit the entry for “qualifying individual”.(6) This section applies only to designs created after the commencement of this section.After section 244 of the Copyright, Designs and Patents Act 1988 (but before the following cross-heading) insert— an act which is done privately and for purposes which are not commercial;an act which is done for experimental purposes; orthe act of reproduction is compatible with fair trade practice and does not unduly prejudice the normal exploitation of the design, andmention is made of the source.the use of equipment on ships or aircraft which are registered in another country but which are temporarily in the United Kingdom;the importation into the United Kingdom of spare parts or accessories for the purpose of repairing such ships or aircraft; orthe carrying out of repairs on such ships or aircraft.(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.after “registered” insert
- “qualifying person” means—
- (a) an individual habitually resident in a qualifying country, or
- (b) a body corporate or other body having legal personality which—
- (i) is formed under the law of a part of the United Kingdom or another qualifying country, and
- (ii) has in any qualifying country a place of business at which substantial business activity is carried on.
- (a) an act which is done privately and for purposes which are not commercial;
- (b) an act which is done for experimental purposes; or
- (c) an act of reproduction for teaching purposes or for the purpose of making citations provided that—
- (i) the act of reproduction is compatible with fair trade practice and does not unduly prejudice the normal exploitation of the design, and
- (ii) mention is made of the source.
- —
- (i)
- , or
- (ii) under the Community Design Regulation as the right holder of a...
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