GB019: Copyright (Designs Patents), Act (Ch. 48), 15/11/1988

Copyright, Designs and Patents
Act 1988

CHAPTER 48

Copyright, Designs and Patents
Act 1988

1988 CHAPTER 48

An Act to restate the law of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make provision with respect to patent agents and trade mark agents; to confer patents and designs jurisdiction on certain county courts; to amend the law of patents; to make provision with respect to devices designed to circumvent copy-protection of works in electronic form; to make fresh provision penalising the fraudulent reception of transmissions; to make the fraudulent application or use of a trade mark an offence; to make provision for the benefit of the Hospital for Sick Children, Great Ormond Street, London; to enable financial assistance to be given to certain international bodies; and for connected purposes.

[15th November 1988]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Part I
Copyright

Chapter I
Subsistence, ownership and duration of copyright

Introductory

Copyright and copyright works.

Rights subsisting in copyright works.

Descriptions of work and related provisions

Literary, dramatic and musical works.

Artistic works.

Sound recordings and films.

"sound recording" means-

(a) a recording of sounds, from which the sounds may be reproduced, or

(b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,

regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced; and

"film" means a recording on any medium from which a moving image may by any means be produced.

Broadcasts.

(a) is capable of being lawfully received by members of the public, or

(b) is transmitted for presentation to members of the public;

and references to broadcasting shall be construed accordingly.

(a) to the person transmitting the programme, if he has responsibility to any extent for its contents, and

(b) to any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission;

and references in this Part to a programme, in the context of broadcasting, are to any item included in a broadcast.

Cable programmes.

"cable programme" means any item included in a cable programme service; and

"cable programme service" means a service which consists wholly or mainly in sending visual images, sounds or other information by means of a telecommunications system, otherwise than by wireless telegraphy, for reception-

(a) at two or more places (whether for simultaneous reception or at different times in response to requests by different users), or

(b) for presentation to members of the public,

and which is not, or so far as it is not, excepted by or under the following provisions of this section.

(i) all the apparatus comprised in the system is situated in, or connects, premises which are in single occupation, and

(ii) the system is not connected to any other telecommunications system,

other than services operated as part of the amenities provided for residents or inmates of premises run as a business;

Published editions.

Authorship and ownership of copyright

Authorship of work.

Works of joint authorship.

First ownership of copyright.

Duration of copyright

Duration of copyright in literary, dramatic, musical or artistic works.

(a) in the case of a literary, dramatic or musical work-

(i) performance in public, or

(ii) being broadcast or included in a cable programme service;

(b) in the case of an artistic work-

(i) exhibition in public,

(ii) a film including the work being shown in public, or

(iii) being included in a broadcast or cable programme service;

but in determining generally for the purposes of this subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.

Duration of copyright in sound recordings and films.

(a) it is first published, broadcast or included in a cable programme service, or

(b) in the case of a film or film sound-track, the film is first shown in public;

but in determining whether a work has been released no account shall be taken of any unauthorised act.

Duration of copyright in broadcasts and cable programmes.

Duration of copyright in typographical arrangement of published editions.

Chapter II
Rights of Copyright Owner

The acts restricted by copyright

The acts restricted by copyright in a work.

(a) to copy the work (see section 17);

(b) to issue copies of the work to the public (see section 18);

(c) to perform, show or play the work in public (see section 19);

(d) to broadcast the work or include it in a cable programme service (see section 20);

(e) to make an adaptation of the work or do any of the above in relation to an adaptation (see section 21);

and those acts are referred to in this Part as the "acts restricted by the copyright".

and it is immaterial whether any intervening acts themselves infringe copyright.

Infringement of copyright by copying.

Infringement by issue of copies to the public.

(a) any subsequent distribution, sale, hiring or loan of those copies, or

(b) any subsequent importation of those copies into the United Kingdom;

except that in relation to sound recordings, films and computer programs the restricted act of issuing copies to the public includes any rental of copies to the public.

Infringement by performance, showing or playing of work in public.

Infringement by broadcasting or inclusion in a cable programme service.

Infringement by making adaptation or act done in relation to adaptation.

Secondary infringement of copyright

Secondary infringement: importing infringing copy.

Secondary infringement: possessing or dealing with infringing copy.

(a) possesses in the course of a business,

(b) sells or lets for hire, or offers or exposes for sale or hire,

(c) in the course of a business exhibits in public or distributes, or

(d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,

an article which is, and which he knows or has reason to believe is, an infringing copy of the work.

Secondary infringement: providing means for making infringing copies.

(a) makes,

(b) imports into the United Kingdom,

(c) possesses in the course of a business, or

(d) sells or lets for hire, or offers or exposes for sale or hire,

an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is to be used to make infringing copies.

Secondary infringement: permitting use of premises for infringing performance.

Secondary infringement: provision of apparatus for infringing performance, &c.

(a) playing sound recordings,

(b) showing films, or

(c) receiving visual images or sounds conveyed by electronic means,

the following persons are also liable for the infringement.

Infringing copies

Meaning of "infringing copy."

(a) that the article is a copy of the work, and

(b) that copyright subsists in the work or has subsisted at any time,

it shall be presumed until the contrary is proved that the article was made at a time when copyright subsisted in the work.

1972 c. 68.

Chapter III
Acts Permitted in relation to Copyright Works

Introductory

Introductory provisions.

General

Research and private study.

Criticism, review and news reporting.

Incidental inclusion of copyright material.

Education

Things done for purposes of instruction or examination.

Anthologies for educational use.

(a) is intended for use in educational establishments and is so described in its title, and in any advertisements issued by or on behalf of the publisher, and

(b) consists mainly of material in which no copyright subsists,

does not infringe the copyright in the work if the work itself is not intended for use in such establishments and the inclusion is accompanied by a sufficient acknowledgement.

Performing, playing or showing work in course of activities of educational establishment.

(a) by a teacher or pupil in the course of the activities of the establishment, or

(b) at the establishment by any person for the purposes of instruction,

is not a public performance for the purposes of infringement of copyright.

Recording by educational establishments of broadcasts and cable programmes.

Reprographic copying by educational establishments of passages from published works.

Libraries and archives

Libraries and archives: introductory.

Copying by librarians: articles in periodicals.

Copying by librarians: part of published works.

Restriction on production of multiple copies of the same material.

Copying by librarians: supply of copies to other libraries.

Copying by librarians or archivists: replacement copies of works.

(a) in order to preserve or replace that item by placing the copy in its permanent collection in addition to or in place of it, or

(b) in order to replace in the permanent collection of another prescribed library or archive an item which has been lost, destroyed or damaged,

without infringing the copyright in any literary, dramatic or musical work, in any illustrations accompanying such a work or, in the case of a published edition, in the typographical arrangement.

Copying by librarians or archivists: certain unpublished works.

(a) the work had been published before the document was deposited in the library or archive, or

(b) the copyright owner has prohibited copying of the work,

and at the time the copy is made the librarian or archivist making it is, or ought to be, aware of that fact.

Copy of work required to be made as condition of export.

Public administration

Parliamentary and judicial proceedings.

Royal Commissions and statutory inquiries.

1973. c. 36.

Material open to public inspection or on official register.

(a) to material made open to public inspection by-

(i) an international organisation in the order, or

(ii) a person so specified who has functions in the United Kingdom under an international agreement to which the United Kingdom is party, or

(b) to a register maintained by an international organisation specified in the order,

as they apply in relation to material open to public inspection pursuant to a statutory requirement or to a statutory register.

Material communicated to the Crown in the course of public business.

Public records. 1958 c. 51. 1937 c. 43. 1923 c. 20 (N.I.).

Acts done under statutory authority.

Designs

Design documents and models.

Effect of exploitation of design derived from artistic work.

Things done in reliance on registration of design. 1949 c. 88.

(a) in pursuance of an assignment or licence made or granted by a person registered under the Registered Designs Act 1949 as the proprietor of a corresponding design, and

(b) in good faith in reliance on the registration and without notice of any proceedings for the cancellation of the registration or for rectifying the relevant entry in the register of designs;

and this is so notwithstanding that the person registered as the proprietor was not the proprietor of the design for the purposes of the 1949 Act.

Typefaces

Use of typeface in ordinary course of printing.

(a) to use the typeface in the ordinary course of typing, composing text, typesetting or printing,

(b) to possess an article for the purpose of such use, or

(c) to do anything in relation to material produced by such use;

and this is so notwithstanding that an article is used which is an infringing copy of the work.

Articles for producing material in particular typeface.

Works in electronic form

Transfers of copies of works in electronic form.

(a) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or

(b) providing for the terms on which a transferee may do the things which the purchaser was permitted to do,

anything which the purchaser was allowed to do may also be done without infringement of copyright by a transferee; but any copy, adaptation or copy of an adaptation made by the purchaser which is not also transferred shall be treated as an infringing copy for all purposes after the transfer.

Miscellaneous: literary, dramatic,
musical and artistic works

Anonymous or pseudonymous works: acts permitted on assumptions
as to expiry of copyright or death of author.

Use of notes or recordings of spoken words in certain cases.

(a) of reporting current events, or

(b) of broadcasting or including in a cable programme service the whole or part of the work,

it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it (or to copy the record, or any such material, and use the copy) for that purpose, provided the following conditions are met.

Public reading or recitation.

Abstracts of scientific or technical articles.

Recordings of folksongs.

Representation of certain artistic works on public display.

Advertisement of sale of artistic work.

For this purpose "dealt with" means sold or let for hire, offered or exposed for sale or hire, exhibited in public or distributed.

Making of subsequent works by same artist.

Reconstruction of buildings.

Miscellaneous: sound recordings,
films and computer programs

Rental of sound recordings, films and computer programs.

Playing of sound recordings for purposes of club, society, &c.

Miscellaneous: broadcasts and cable programmes

Incidental recording for purposes of broadcast or cable programme.

Recording for purposes of supervision and control of broadcasts and cable programmes.

1981 c. 68.

1984 c. 46.

Recording for purposes of time-shifting.

Photographs of television broadcasts or cable programmes.

Free public showing or playing of broadcasts or cable programme.

Reception and retransmission of broadcast in cable programme service.

1984 c. 46.

(a) if the inclusion is in pursuance of a requirement imposed under section 13(1) of the Cable and Broadcasting Act 1984 (duty of Cable Authority to secure inclusion in cable service of certain programmes), or

(b) if and to the extent that the broadcast is made for reception in the area in which the cable programme service is provided;

but where the making of the broadcast was an infringement of the copyright in the work, the fact that the broadcast was re-transmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.

Provision of subtitled copies of broadcast or cable programme.

Recording for archival purposes.

Adaptations

Adaptations.

Chapter IV
Moral Rights

Right to be identified as author or director

Right to be identified as author or director.

(a) the work is published commercially, performed in public, broadcast or included in a cable programme service; or

(b) copies of a film or sound recording including the work are issued to the public;

and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.

(a) the work is published commercially;

(b) copies of a sound recording of the work are issued to the public; or

(c) a film of which the sound-track includes the work is shown in public or copies of such a film are issued to the public;

and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.

(a) in the case of commercial publication or the issue to the public of copies of a film or sound recording, to be identified in or on each copy or, if that is not appropriate, in some other manner likely to bring his identity to the notice of a person acquiring a copy,

(b) in the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building, and

(c) in any other case, to be identified in a manner likely to bring his identity to the attention of a person seeing or hearing the performance, exhibition, showing, broadcast or cable programme in question;

and the identification must in each case be clear and reasonably prominent.

Requirement that right be asserted.

Exceptions to right.

(a) a newspaper, magazine or similar periodical, or

(b) an encyclopaedia, dictionary, yearbook or other collective work of reference,

of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.

(a) a work in which Crown copyright or Parliamentary copyright subsists, or

(b) a work in which copyright originally vested in an international organisation by virtue of section 168,

unless the author or director has previously been identified as such in or on published copies of the work.

Right to object to derogatory treatment of work

Right to object to derogatory treatment of work.

(a) "treatment" of a work means any addition to, deletion from or alteration to or adaptation of the work, other than-

(i) a translation of a literary or dramatic work, or

(ii) an arrangement or transcription of a musical work involving no more than a change of key or register; and

(b) the treatment of a work is derogatory if it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author or director;

and in the following provisions of this section references to a derogatory treatment of a work shall be construed accordingly.

(i) a work of architecture in the form of a model for a building,

(ii) a sculpture, or

(iii) a work of artistic craftsmanship,

issues to the public copies of a graphic work representing, or of a photograph of, a derogatory treatment of the work.

(a) shows in public, broadcasts or includes in a cable programme service a derogatory treatment of the film; or

(b) issues to the public copies of a derogatory treatment of the film,

or who, along with the film, plays in public, broadcasts or includes in a cable programme service, or issues to the public copies of, a derogatory treatment of the film sound-track.

Exceptions to right.

(a) a newspaper, magazine or similar periodical, or

(b) an encyclopaedia, dictionary, yearbook or other collective work of reference,

of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.

Nor does the right apply in relation to any subsequent exploitation elsewhere of such a work without any modification of the published version.

(a) avoiding the commission of an offence,

(b) complying with a duty imposed by or under an enactment, or

(c) in the case of the British Broadcasting Corporation, avoiding the inclusion in a programme broadcast by them of anything which offends against good taste or decency or which is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling,

provided, where the author or director is identified at the time of the relevant act or has previously been identified in or on published copies of the work, that there is a sufficient disclaimer.

Qualification of right in certain cases.

(a) is identified at the time of the relevant act, or

(b) has previously been identified in or on published copies of the work;

and where in such a case the right does apply, it is not infringed if there is a sufficient disclaimer.

Infringement of right by possessing or dealing with infringing article.

(a) possesses in the course of a business, or

(b) sells or lets for hire, or offers or exposes for sale or hire, or

(c) in the course of a business exhibits in public or distributes, or

(d) distributes otherwise than in the course of a business so as to affect prejudicially the honour or reputation of the author or director,

an article which is, and which he knows or has reason to believe is, an infringing article.

False attribution of work

False attribution of work.

(a) not to have a literary, dramatic, musical or artistic work falsely attributed to him as author, and

(b) not to have a film falsely attributed to him as director;

and in this section an "attribution", in relation to such a work, means a statement (express or implied) as to who is the author or director.

(a) in the case of a literary, dramatic or musical work, performs the work in public, broadcasts it or includes it in a cable programme service as being the work of a person, or

(b) in the case of a film, shows it in public, broadcasts it or includes it in a cable programme service as being directed by a person,

knowing or having reason to believe that the attribution is false.

(a) possesses or deals with a copy of a work of any of the descriptions mentioned in subsection (1) in or on which there is a false attribution, or

(b) in the case of an artistic work, possesses or deals with the work itself when there is a false attribution in or on it,

knowing or having reason to believe that there is such an attribution and that it is false.

(a) deals with a work which has been altered after the author parted with possession of it as being the unaltered work of the author, or

(b) deals with a copy of such a work as being a copy of the unaltered work of the author,

knowing or having reason to believe that that is not the case.

(a) a literary, dramatic or musical work is falsely represented as being an adaptation of the work of a person, or

(b) a copy of an artistic work is falsely represented as being a copy made by the author of the artistic work,

as it applies where the work is falsely attributed to a person as author.

Right to privacy of certain photographs and films

Right to privacy of certain photographs and films.

(a) copies of the work issued to the public,

(b) the work exhibited or shown in public, or

(c) the work broadcast or included in a cable programme service;

and, except as mentioned in subsection (2), a person who does or authorises the doing of any of those acts infringes that right.

Supplementary

Duration of rights.

Consent and waiver of rights.

(a) may relate to a specific work, to works of a specified description or to works generally, and may relate to existing or future works, and

(b) may be conditional or unconditional and may be expressed to be subject to revocation;

and if made in favour of the owner or prospective owner of the copyright in the work or works to which it relates, it shall be presumed to extend to his licensees and successors in title unless a contrary intention is expressed.

Application of provisions to joint works.

(a) by any false statement as to the authorship of a work of joint authorship, and

(b) by the false attribution of joint authorship in relation to a work of sole authorship;

and such a false attribution infringes the right of every person to whom authorship of any description is, whether rightly or wrongly, attributed.

A film is "jointly directed" if it is made by the collaboration of two or more directors and the contribution of each director is not distinct from that of the other director or directors.

Application of provisions to parts of works.

Chapter V
Dealings with Rights in Copyright Works

Copyright

Assignment and licences.

Prospective ownership of copyright.

Exclusive licences.

Copyrigh to pass under will with unpublished work.

(a) an original document or other material thing recording or embodying a literary, dramatic, musical or artistic work which was not published before the death of the testator, or

(b) an original material thing containing a sound recording or film which was not published before the death of the testator,

the bequest shall, unless a contrary intention is indicated in the testator's will or a codicil to it, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

Moral rights

Moral rights not assignable.

Transmission of moral rights on death.

(a) to one or more, but not all, of the things the copyright owner has the exclusive right to do or authorise, or

(b) to part, but not the whole, of the period for which the copyright is to subsist,

any right which passes with the copyright by virtue of subsection (1) is correspondingly divided.

Chapter VI
Remedies for Infringement

Rights and remedies of copyright owner

Infringement actionable by copyright owner.

Provisions as to damages in infringement action.

(a) the flagrancy of the infringement, and

(b) any benefit accruing to the defendant by reason of the infringement,

award such additional damages as the justice of the case may require.

Undertaking to take licence of right in infringement proceedings.

Order for delivery up.

(a) has an infringing copy of a work in his possession, custody or control in the course of a business, or

(b) has in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it has been or is to be used to make infringing copies,

the owner of the copyright in the work may apply to the court for an order that the infringing copy or article be delivered up to him or to such other person as the court may direct.

Right to seize infringing copies and other articles.

The right to seize and detain is exercisable subject to the following conditions and is subject to any decision of the court under section 114.

Rights and remedies of exclusive licensee

Rights and remedies or exclusive licensee.

Exercise of concurrent rights.

(a) the court shall in assessing damages take into account-

(b) no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and

(c) the court shall if an account of profits is directed apportion the profits between them as the court considers just, subject to any agreement between them;

and these provisions apply whether or not the copyright owner and the exclusive licensee are both parties to the action.

Remedies for infringement of moral rights

Remedies for infringement of moral rights.

Presumptions

Presumptions relevant to literary, dramatic, musical and artistic works.

(a) the work qualifies for copyright protection by virtue of section 155 (qualification by reference to country of first publication), and

(b) a name purporting to be that of the publisher appeared on copies of the work as first published,

the person whose name appeared shall be presumed, until the contrary is proved, to have been the owner of the copyright at the time of publication.

Presumptions relevant to sound recordings and films.

(a) that a named person was the owner of copyright in the recording at the date of issue of the copies, or

(b) that the recording was first published in a specified year or in a specified country,

the label or mark shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

(a) that a named person was the author or director of the film,

(b) that a named person was the owner of copyright in the film at the date of issue of the copies, or

(c) that the film was first published in a specified year or in a specified country,

the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

(a) that a named person was the owner of copyright in the program at the date of issue of the copies, or

(b) that the program was first published in a specified country or that copies of it were first issued to the public in electronic form in a specified year,

the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

(a) that a named person was the author or director of the film, or

(b) that a named person was the owner of copyright in the film immediately after it was made,

the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

This presumption applies equally in proceedings relating to an infringement alleged to have occurred before the date on which the film was shown in public, broadcast or included in a cable programme service.

Presumptions relevant to works subject to Crown copyright.

Offences

Criminal liability for making or dealing with infringing articles, &c.

(i) sells or lets for hire, or

(ii) offers or exposes for sale or hire, or

(iii) exhibits in public, or

(iv) distributes, or

(a) makes an article specifically designed or adapted for making copies of a particular copyright work, or

(b) has such an article in his possession,

knowing or having reason to believe that it is to be used to make infringing copies for sale or hire or for use in the course of a business.

(a) by the public performance of a literary, dramatic or musical work, or

(b) by the playing or showing in public of a sound recording or film,

any person who caused the work to be so performed, played or shown is guilty of an offence if he knew or had reason to believe that copyright would be infringed.

Order for delivery up in criminal proceedings.

(a) he had in his possession, custody or control in the course of a business an infringing copy of a copyright work, or

(b) he had in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it had been or was to be used to make infringing copies,

order that the infringing copy or article be delivered up to the copyright owner or to such other person as the court may direct.

(a) in England and Wales, to the Crown Court, and

(b) in Northern Ireland, to the county court;

and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the infringing copy or article has been removed may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence.

1973 c. 62. 1975 c. 21. S.I. 1980/704 (N.I. 6).

Search warrants.

(a) that an offence under section 107(1)(a), (b), (d)(iv) or (e) has been or is about to be committed in any premises, and

(b) that evidence that such an offence has been or is about to be committed is in those premises,

he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.

1984 c. 60.

Offence by body corporate: liability of officers.

Provision for preventing importation
of infringing copies

Infringing copies may be treated as prohibited goods.

Power of Commissioners of Customs and Excise to make regulations.

1979 c. 2.

Supplementary

Period after which remedy of delivery up not available.

(a) is under a disability, or

(b) is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,

an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

1980 c. 58.

1973 c. 52.

1958 c. 10 (N.I.).

Order as to disposal of infringing copy or other article.

(a) forfeited to the copyright owner, or

(b) destroyed or otherwise dealt with as the court may think fit,

or for a decision that no such order should be made.

(a) to appear in proceedings for an order under this section, whether or not he was served with notice, and

(b) to appeal against any order made, whether or not he appeared;

and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

1938 c. 22.

Jurisdiction of county court and sheriff court.

section 99 (order for delivery up of infringing copy or other article),

section 102(5) (order as to exercise of rights by copyright owner where exclusive licensee has concurrent rights), or

section 114 (order as to disposal of infringing copy or other article),

where the value of the infringing copies and other articles in question does not exceed the county court limit for actions in tort.

Chapter VII
Copyright Licensing

Licensing schemes and licensing bodies

Licensing schemes and licensing bodies.

(a) the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant copyright licences, and

(b) the terms on which licences would be granted in those classes of case;

and for this purpose a "scheme" includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.

1985 c. 6.

References and applications
with respect to licensing schemes

Licensing schemes to which ss. 118 to 123 apply.

(i) copying the work,

(ii) performing, playing or showing the work in public, or

(iii) broadcasting the work or including it in a cable programme service;

Reference of proposed licensing scheme to tribunal.

Reference of licensing scheme to tribunal.

(a) a person claiming that he requires a licence in a case of a description to which the scheme applies, or

(b) an organisation claiming to be representative of such persons,

that person or organisation may refer the scheme to the Copyright Tribunal in so far as it relates to cases of that description.

Further reference of scheme to tribunal.

(a) the operator of the scheme,

(b) a person claiming that he requires a licence in a case of the description to which the order applies, or

(c) an organisation claiming to be representative of such persons,

may refer the scheme again to the Tribunal so far as it relates to cases of that description.

Application for grant of licence in connection with licensing scheme.

(a) has refused to grant him a licence or procure the grant to him of a licence, or has failed to do so within a reasonable time of being asked, and that in the circumstances it is unreasonable that a licence should not be granted, or

(b) proposes terms for a licence which are unreasonable,

may apply to the Copyright Tribunal.

Application for review of order as to entitlement to licence.

Effect of order of tribunal as to licensing scheme.

(a) under section 118 (reference of terms of proposed scheme), or

(b) under section 119 or 120 (reference of existing scheme to Tribunal),

shall be in force or, as the case may be, remain in operation, so far as it relates to the description of case in respect of which the order was made, so long as the order remains in force.

(a) any necessary repayments, or further payments, shall be made in respect of charges already paid, and

(b) the reference in subsection (2)(a) to the charges payable under the scheme shall be construed as a reference to the charges so payable by virtue of the order.

No such direction may be made where subsection (4) below applies.

(a) pays to the operator of the scheme any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges when ascertained, and

(b) complies with the other terms specified in the order,

be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order.

References and applications with respect
to licensing by licensing bodies

Licences to which ss. 125 to 128 apply.

Reference to tribunal of proposed licence.

Reference to tribunal of expiring licence.

Application for review of order as to licence.

Effect of order of tribunal as to licence.

Factors to be taken into account
in certain classes of case

General considerations: unreasonable discrimination.

(a) the availability of other schemes, or the granting of other licences, to other persons in similar circumstances, and

(b) the terms of those schemes or licences,

and shall exercise its powers so as to secure that there is no unreasonable discrimination between licensees, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person.

Licences for reprographic copying.

Licences for educational establishments in respect of works
included in broadcasts or cable programmes.

Licences to reflect conditions imposed by promoters of events.

Licences to reflect payments in respect of underlying rights.

(a) on a reference or application under this Chapter relating to licences for the rental to the public of copies of sound recordings, films or computer programs, or

(b) on an application under section 142 (settlement of royalty or other sum payable for deemed licence),

the Copyright Tribunal shall take into account any reasonable payments which the owner of the copyright in the sound recording, film or computer program is liable to make in consequence of the granting of the licence, or of the acts authorised by the licence, to owners of copyright in works included in that work.

Licences in respect of works included in retransmissions.

(a) literary, dramatic, musical or artistic works, or,

(b) sound recordings or films,

where one broadcast or cable programme ("the first transmission") is, by reception and immediate re-transmission, to be further broadcast or included in a cable programme service ("the further transmission").

1984 c. 46.

Mention of specific matters not to exclude other relevant considerations.

Implied indemnity in schemes or licences
or reprographic copying

Implied indemnity in certain schemes and licences for reprographic copying.

(a) schemes for licensing reprographic copying of published literary, dramatic, musical or artistic works, or the typographical arrangement of published editions, and

(b) licences granted by licensing bodies for such copying,

where the scheme or licence does not specify the works to which it applies with such particularity as to enable licensees to determine whether a work falls within the scheme or licence by inspection of the scheme or licence and the work.

(a) in every scheme to which this section applies an undertaking by the operator of the scheme to indemnify a person granted a licence under the scheme, and

(b) in every licence to which this section applies an undertaking by the licensing body to indemnify the licensee,

against any liability incurred by him by reason of his having infringed copyright by making or authorising the making of reprographic copies of a work in circumstances within the apparent scope of his licence.

Reprographic copying by educational establishments

Power to extend coverage of scheme or licence.

(a) a licensing scheme to which sections 118 to 123 apply (see section 117) and which is operated by a licensing body, or

(b) a licence to which sections 125 to 128 apply (see section 124),

so far as it provides for the grant of licences, or is a licence, authorising the making by or on behalf of educational establishments for the purposes of instruction of reprographic copies of published literary, dramatic, musical or artistic works, or of the typographical arrangement of published editions.

(a) works of a description similar to those covered by the scheme or licence are unreasonably excluded from it, and

(b) making them subject to the scheme or licence would not conflict with the normal exploitation of the works or unreasonably prejudice the legitimate interests of the copyright owners,

he may by order provide that the scheme or licence shall extend to those works.

Variation or discharge of order extending scheme or licence.

Appeals against orders.

(a) the person who applied for the order, or

(b) any person or organisation representative of educational establishments who was given notice of the application for the order and made representations in accordance with subsection (4) of that section,

may appeal to the Tribunal which may confirm or discharge the order or make any other order which the Secretary of State might have made.

Inquiry whether new scheme or general licence required.

(a) published literary, dramatic, musical or artistic works, or

(b) the typographical arrangement of published editions,

of a description which appears to the Secretary of State not to be covered by an existing licensing scheme or general licence and not to fall within the power conferred by section 137 (power to extend existing schemes and licences to similar works).

(a) persons or organisations appearing to the Secretary of State to represent the owners of copyright in works of that description, and

(b) persons or organisations appearing to the Secretary of State to represent educational establishments,

and for the making of written or oral representations by such persons; but without prejudice to the giving of notice to, and the making of representations by, other persons and organisations.

Statutory licence where recommendation not implemented.

(a) a certified licensing scheme has been established under which a licence is available to the establishment in question, or

(b) a general licence has been-

(i) granted to or for the benefit of that establishment, or

(ii) referred by or on behalf of that establishment to the Copyright Tribunal under section 125 (reference of terms of proposed licence), or

(iii) offered to or for the benefit of that establishment and refused without such a reference,

and the terms of the scheme or licence accord with the recommendation.

In this subsection "dealt with" means sold or let for hire, offered or exposed for sale or hire, or exhibited in public.

Royalty or other sum payable
for rental of certain works

Royalty or other sum payable for rental of sound recording, film or computer program.

Certification of licensing schemes

Certification of licensing schemes.

Powers exercisable in consequence
of competition report

Powers exercisable in consequence of report of Monopolies and Mergers Commission.

(a) conditions in licences granted by the owner of copyright in a work restricting the use of the work by the licensee or the right of the copyright owner to grant other licences, or

(b) a refusal of a copyright owner to grant licences on reasonable terms,

1973 c. 41.

the powers conferred by Part I of Schedule 8 to the Fair Trading Act 1973 (powers exercisable for purpose of remedying or preventing adverse effects specified in report of Commission) include power to cancel or modify those conditions and, instead or in addition, to provide that licences in respect of the copyright shall be available as of right.

1980 c. 21.

Chapter VIII
The Copyright Tribunal

The Tribunal

The Copyright Tribunal. 1956 c. 74.

Membership of the Tribunal.

(a) he has become bankrupt or made an arrangement with his creditors or, in Scotland, his estate has been sequestrated or he has executed a trust deed for his creditors or entered into a composition contract, or

(b) he is incapacitated by physical or mental illness,

or if he is in the opinion of the Secretary of State or, as the case may be, the Lord Chancellor otherwise unable or unfit to perform his duties as member.

Financial provisions.

Constitution for purposes of proceedings.

Jurisdiction and procedure

Jurisdiction of the Tribunal.

General power to make rules.

1950 c. 27.

(a) as respects proceedings in England and Wales, any of the provisions of the Arbitration Act 1950;

1937 c. 8 (N.I.).

(b) as respects proceedings in Northern Ireland, any of the provisions of the Arbitration Act (Northern Ireland) 1937;

and any provisions so applied shall be set out in or scheduled to the rules.

Costs, proof of orders, &c.

Appeals

Appeal to the court on point of law.

Chapter IX
Qualification for and Extent of Copyright Protection

Qualification for copyright protection

Qualification for copyright protection.

Qualification by reference to author.

1981 c. 61.

Qualification by reference to country of first publication.

Qualification by reference to place of transmission.

Extent and application of this Part

Countries to which this Part extends.

1956 c. 74.
1911 c. 46.

Countries ceasing to be colonies.

Application of this Part to countries to which it does not extend.

Denial of copyright protection to citizens of countries
not giving adequate protection to British works.

Supplementary

Territorial waters and the continental shelf.

1964 c. 29.

British ships, aircraft and hovercraft.

1988 c. 12.

Chapter X
Miscellaneous and General

Crown and Parliamentary copyright

Crown copyright.

Copyright in Acts and Measures.

Parliamentary copyright.

(a) any work made by an officer or employee of that House in the course of his duties, and

(b) any sound recording, film, live broadcast or live cable programme of the proceedings of that House;

but a work shall not be regarded as made by or under the direction or control of either House by reason only of its being commissioned by or on behalf of that House.

Copyright in Parliamentary Bills.

Houses of Parliament: supplementary provisions with respect to copyright.

Other miscellaneous provisions

Copyright vesting in certain international organisations.

(a) is made by an officer or employee of, or is published by, an international organisation to which this section applies, and

(b) does not qualify for copyright protection under section 154 (qualification by reference to author) or section 155 (qualification by reference to country of first publication),

copyright nevertheless subsists in the work by virtue of this section and the organisation is first owner of that copyright.

Folklore, &c.: anonymous unpublished works.

Transitional provisions and savings

Transitional provisions and savings.

Rights and privileges under other enactments or the common law.

Interpretation

General provisions as to construction. 1956 c. 74.

Construction of references to copyright owner.

Meaning of "educational establishment" and related expressions.

1944 c. 31.

1962 c. 47.
1968 c. 49.

S.I. 1986/594 (N.I.3).

Meaning of publication and commercial publication.

(a) means the issue of copies to the public, and

(b) includes, in the case of a literary, dramatic, musical or artistic work, making it available to the public by means of an electronic retrieval system;

and related expressions shall be construed accordingly.

(a) issuing copies of the work to the public at a time when copies made in advance of the receipt of orders are generally available to the public, or

(b) making the work available to the public by means of an electronic retrieval system;

and related expressions shall be construed accordingly.

Requirement of signature: application in relation to body corporate.

Adaptation of expressions for Scotland.

Minor definitions.

"computer-generated", in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;

"country" includes any territory;

"the Crown" includes the Crown in right of Her Majesty's Government in Northern Ireland or in any country outside the United Kingdom to which this Part extends;

"electronic" means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, and "in electronic form" means in a form usable only by electronic means;

"employed", "employee", "employer" and "employment" refer to employment under a contract of service or of apprenticeship;

"facsimile copy" includes a copy which is reduced or enlarged in scale;

"international organisation" means an organisation the members of which include one or more states;

"judicial proceedings" includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person's legal rights or liabilities;

"parliamentary proceedings" includes proceedings of the Northern Ireland Assembly or of the European Parliament;

"rental" means any arrangement under which a copy of a work is made available-

(a) for payment (in money or money's worth), or

(b) in the course of a business, as part of services or amenities for which payment is made,

on terms that it will or may be returned;

"reprographic copy" and "reprographic copying" refer to copying by means of a reprographic process;

"reprographic process" means a process-

(a) for making facsimile copies, or

(b) involving the use of an appliance for making multiple copies,

and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording;

"sufficient acknowledgement" means an acknowledgement identifying the work in question by its title or other description, and identifying the author unless-

(a) in the case of a published work, it is published anonymously;

(b) in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;

"sufficient disclaimer", in relation to an act capable of infringing the right conferred by section 80 (right to object to derogatory treatment of work), means a clear and reasonably prominent indication-

(a) given at the time of the act, and

(b) if the author or director is then identified, appearing along with the identification,

that the work has been subjected to treatment to which the author or director has not consented;

"telecommunications system" means a system for conveying visual images, sounds or other information by electronic means;

"typeface" includes an ornamental motif used in printing;

"unauthorised", as regards anything done in relation to a work, means done otherwise than-

(a) by or with the licence of the copyright owner, or

(b) if copyright does not subsist in the work, by or with the licence of the author or, in a case where section 11(2) would have applied, the author's employer or, in either case, persons lawfully claiming under him, or

(c) in pursuance of section 48 (copying, &c. of certain material by the Crown);

"wireless telegraphy" means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose;

"writing" includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and "written" shall be construed accordingly.

Index of defined expressions.

account of profits and accounts (in Scotland)	section 177
acts restricted by copyright	section 16(1)
adaptation	section 21(3)
archivist (in sections 37 to 43)	section 37(6)
article (in a periodican( �/p>	section 178
artistic work	section 4(1)
assignment (in Scotland)	section 177
author	sections 9 and 10(3)
broadcast (and related expressions)	section 6
building	section 4(2)
business	section 178
cable programme, cable programme service (and related expressions)	section 7
collective work	section 178
commencement (in Schedule 1)	paragraph 1(2) of that Schedule
commercial publication	section 175
computer-generated	section 178
copy and copying	section 17
copyright (generally)	section 1
copyright (in Schedule 1)	paragraph 2(2) of that Schedule
copyright owner	sections 101(2) and 173
Copyright Tribunal	section 145
copyright work	section 1(2)
costs (in Scotland)	section 177
country	section 178
the Crown	section 178
Crown copyright	sections 163(2) and 164(3)
defendant (in Scotland)	section 177
delivery up (in Scotland)	section 177
dramatic work	section 3(1)
educational establishment	sections 174(1) to (4)
electronic and electronic form	section 178
employed, employee, employer and employment	section 178
exclusive licence	section 92(1)
existing works (in Schedule 1)	paragraph 1(3) of that Schedule
facsimile copy	section 178
film	section 5
future copyright	section 91(2)
general licence (in sections 140 and 141)	section 140(7)
graphic work	section 4(2)
infringing copy	section 27
injunction (in Scotland)	section 177
interlocutory relief (in Scotland)	section 177
international organisation	section 178
issue of copies to the public	section 18(2)
joint authorship (work of)	sections 10(1) and (2)
judicial proceedings	section 178
librarian (in sections 37 to 43)	section 37(6)
licence (in sections 125 to 128)	section 124
licence of copyright owner	sections 90(4), 91(3) and 173
licensing body (in Chapter VII)	section 116(2)
licensing scheme (generally)	section 116(1)
licensing scheme (in sections 118 to 121)	section 117
literary work	section 3(1)
made (in relation to a literary, dramatic or musical work)	section 3(2)
musical work	section 3(1)
the new copyright provisions (in Schedule 1)	paragraph 1(1) of that Schedule
the 1911 Act (in Schedule 1)	paragraph 1(1) of that Schedule
the 1956 Act (in Schedule 1)	paragraph 1(1) of that Schedule
on behalf of (in relation to an educational establishment)	section 174(5)
Parliamentary copyright	sections 165(2) and (7) and 166(6)
parliamentary proceedings	section 178
performance	section 19(2)
photograph	section 4(2)
plaintiff (in Scotland)	section 177
prescribed conditions (in sections 38 to 43)	section 37(1)(b)
prescribed library or archive (in sections 38 to 43)	section 37(1)(a)
programme (in the context of broadcasting)	section 6(3)
prospective owner (of copyright)	section 91 (2)
publication and related expressions	section 175
published edition (in the context of copyright in the typographical arrangement)	section 8
pupil	section 174(5)
rental	section 178
reprographic copies and reprographic copying	section 178
reprographic process	section 178
sculpture	section 4(2)
signed	section 176
sound recording	section 5
sufficient acknowledgement	section 178
sufficient disclaimer	section 178
teacher	section 174(5)
telecommunications system	section 178
typeface	section 178
unauthorised (as regards things done in relation to a work)	section 178
unknown (in relation to the author of a work)	section 9(5)
unknown authorship (work of)	section 9(4)
wireless telegraphy	section 178
work (in Schedule 1)	paragraph 2(1) of that Schedule
work of more than one author (in Chapter VII)	section 116(4)
writing and written	section 178

Part II
Rights in performances

Introductory

Rights conferred on performers and persons having recording rights.

which is, or so far as it is, a live performance given by one or more individuals; and

Performers' rights

Qualifying performances.

Consent required for recording or live transmission of performance.

Infringement of performer's rights by use of recording made without consent.

(a) shows or plays in public the whole or any substantial part of a qualifying performance, or

(b) broadcasts or includes in a cable programme service the whole or any substantial part of a qualifying performance,

by means of a recording which was, and which that person knows or has reason to believe was, made without the performer's consent.

Infringement of performer's rights by importing, possessing or dealing with illicit recording.

(a) imports into the United Kingdom otherwise than for his private and domestic use, or

(b) in the course of a business possesses, sells or lets for hire, offers or exposes for sale or hire, or distributes,

a recording of a qualifying performance which is, and which that person knows or has reason to believe is, an illicit recording.

Rights of person having recording rights

Exclusive recording contracts and persons having recording rights.

Consent required for recording of performance subject to exclusive contract.

Infringement of recording rights by use of recording made without consent.

(a) shows or plays in public the whole or any substantial part of the performance, or

(b) broadcasts or includes in a cable programme service the whole or any substantial part of the performance,

by means of a recording which was, and which that person knows or has reason to believe was, made without the appropriate consent.

Infringement of recording rights by importing, possessing or dealing with illicit recording.

(a) imports into the United Kingdom otherwise than for his private and domestic use, or

(b) in the course of a business possesses, sells or lets for hire, offers or exposes for sale or hire, or distributes,

a recording of the performance which is, and which that person knows or has reason to believe is, an illicit recording.

Exceptions to rights conferred

Acts permitted notwithstanding rights conferred by this Part.

Power of tribunal to give consent on behalf of performer in certain cases.

(a) the provisions of this Part relating to performers' rights, and

(b) section 198(3)(a) (criminal liability: sufficient consent in relation to qualifying performances),

and may be given subject to any conditions specified in the Tribunal's order.

Duration and transmission of rights; consent

Duration of rights.

Transmission of rights.

Consent.

Remedies for infringement

Infringement actionable as breach of statutory duty.

Order for delivery up.

Right to seize illicit recordings.

The right to seize and detain is exercisable subject to the following conditions and is subject to any decision of the court under section 204 (order as to disposal of illicit recording).

Meaning of "illicit recording".

paragraph 4(3) (recordings made for purposes of instruction or examination),

paragraph 6(2) (recordings made by educational establishments for educational purposes),

paragraph 12(2) (recordings of performance in electronic form retained on transfer of principal recording), or

paragraph 16(3) (recordings made for purposes of broadcast or cable programme),

but otherwise does not include a recording made in accordance with any of the provisions of that Schedule.

Offences

Criminal liability for making, dealing with or using illicit recordings.

(a) shown or played in public, or

(b) broadcast or included in a cable programme service,

thereby infringing any of the rights conferred by this Part, if he knows or has reason to believe that those rights are thereby infringed.

Order for delivery up in criminal proceedings.

(a) in England and Wales, to the Crown Court, and

(b) in Northern Ireland, to the county court;

and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the illicit recording has been removed may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence.

1973 c. 62.
1975 c. 21.
S.I. 1980/704 (N.I.6).

Search warrants.

(a) that an offence under section 198(1)(a), (b) or (d)(iii) (offences of making, importing or distributing illicit recordings) has been or is about to be committed in any premises, and

(b) that evidence that such an offence has been or is about to be committed is in those premises,

he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.

1984 c. 60.

False representation of authority to give consent.

Offence by body corporate: liability of officers.

Supplementary provisions with respect
to delivery up and seizure

Period after which remedy of delivery up not available.

(a) is under a disability, or

(b) is prevented by fraud or concealment from discovering the facts entitling him to apply,

an application may be made by him at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

1980 c. 58.

1973 c. 52.

1958 c. 10 (N.I.).

Order as to disposal of illicit recording.

(a) forfeited to such person having performer's rights or recording rights in relation to the performance as the court may direct, or

(b) destroyed or otherwise dealt with as the court may think fit,

or for a decision that no such order should be made.

(a) to appear in proceedings for an order under this section, whether or not he was served with notice, and

(b) to appeal against any order made, whether or not he appeared;

and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

1938 c. 22.

Jurisdiction of county court and sheriff court.

section 195 (order for delivery up of illicit recording), or

section 204 (order as to disposal of illicit recording),

where the value of the illicit recordings in question does not exceed the county court limit for actions in tort.

Qualification for protection and extent

Qualifying countries, individuals and persons.

Countries to which this Part extends.

Countries enjoying reciprocal protection.

Territorial waters and the continental shelf.

1964 c. 29.

British ships, aircraft and hovercraft.

1988 c. 12.

Interpretation

Expressions having same meaning as in copyright provisions.

broadcast,

business,

cable programme,

cable programme service,

country,

defendant (in Scotland),

delivery up (in Scotland),

film,

literary work,

published, and

sound recording.

Index of defined expressions.

broadcast (and related expressions)	section 211 (and section 6)
business	section 211(1) (and section 178)
cable programme, cable programme service (and related expressions)	section 211 (and section 7)
country	section 211(1) (and section 178)
defendant (in Scotland)	section 211(1) (and section 177)
delivery up (in Scotland)	section 211(1) (and section 177)
exclusive recording contract	section 185(1)
film	section 211(1) (and section 5)
illicit recording	section 197
literary work	section 211(1) (and section 3(1))
performance	section 180(2)
published	section 211(1)(and section 175)
qualifying country	section 206(1)
qualifying individual	section 206(1) and (2)
qualifying performance	section 181
qualifying person	section 206(1) and (3)
recording (of a performance)	section 180(2)
recording rights (person having)	section 185(2) and (3)
sound recording	section 211(1) (and section 5).

Part III
Design Right

Chapter I
Design right in original designs

Introductory

Design right.

(a) the designer or the person by whom the design was commissioned or the designer employed (see sections 218 and 219), or

(b) the person by whom and country in which articles made to the design were first marketed (see section 220),

or in accordance with any Order under section 221 (power to make further provision with respect to qualification).

The designer.

Ownership of design right.

Duration of design right.

Qualification for design right protection

Qualifying individuals and qualifying persons.

Qualification by reference to designer.

Qualification by reference to commissioner or employer.

Qualification by reference to first marketing.

Power to make further provision as to qualification.

Dealings with design right

Assignment and licences.

Prospective ownership of design right.

Assignment of right in registered design presumed
to carry with it design right. 1949 c. 88.

Exclusive licences.

Chapter II
Rights of Design Right Owner and Remedies

Infringement of design right

Primary infringement of design right.

Secondary infringement: importing or dealing with infringing article.

(a) imports into the United Kingdom for commercial purposes, or

(b) has in his possession for commercial purposes, or

(c) sells, lets for hire, or offers or exposes for sale or hire, in the course of a business,

an article which is, and which he knows or has reason to believe is, an infringing article.

Meaning of "infringing article".

1972 c. 68.

Remedies for infringement

Rights and remedies of design right owner.

(a) the flagrancy of the infringement, and

(b) any benefit accruing to the defendant by reason of the infringement,

award such additional damages as the justice of the case may require.

Order for delivery up.

(a) has in his possession, custody or control for commercial purposes an infringing article, or

(b) has in his possession, custody or control anything specifically designed or adapted for making articles to a particular design, knowing or having reason to believe that it has been or is to be used to make an infringing article,

the owner of the design right in the design in question may apply to the court for an order that the infringing article or other thing be delivered up to him or to such other person as the court may direct.

(a) is under a disability, or

(b) is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,

an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

1980 c. 58.

1973 c. 52.

1958 c. 10 (N.I.).

Order as to disposal of infringing articles, &c.

(a) forfeited to the design right owner, or

(b) destroyed or otherwise dealt with as the court may think fit,

or for a decision that no such order should be made.

(a) to appear in proceedings for an order under this section, whether or not he was served with notice, and

(b) to appeal against any order made, whether or not he appeared;

and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

1938 c. 22.

Jurisdiction of county court and sheriff court.

section 230 (order for delivery up of infringing article, &c.),

section 231 (order as to disposal of infringing article, &c.), or

section 235(5) (application by exclusive licensee having concurrent rights),

where the value of the infringing articles and other things in question does not exceed the county court limit for actions in tort.

Innocent infringement.

Rights and remedies of exclusive licensee.

Exercise of concurrent rights.

(a) the court shall, in assessing damages, take into account-

(i) the terms of the licence, and

(ii) any pecuniary remedy already awarded or available to either of them in respect of the infringement;

(b) no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and

(c) the court shall if an account of profits is directed apportion the profits between them as the court considers just, subject to any agreement between them;

and these provisions apply whether or not the design right owner and the exclusive licensee are both parties to the action.

Chapter III
Exceptions to Rights of Design Right Owners

Infringement of copyright

Infringement of copyright.

Availability of licences of right

Licences available in last five years of design right.

(a) comply with an international obligation of the United Kingdom, or

(b) secure or maintain reciprocal protection for British designs in other countries,

by order exclude from the operation of subsection (1) designs of a description specified in the order or designs applied to articles of a description so specified.

Powers exercisable for protection of the public interest.

(a) conditions in licences granted by a design right owner restricting the use of the design by the licensee or the right of the design right owner to grant other licences, or

(b) a refusal of a design right owner to grant licences on reasonable terms,

1973 c. 41

the powers conferred by Part I of Schedule 8 to the Fair Trading Act 1973 (powers exercisable for purpose of remedying or preventing adverse effects specified in report of Commission) include power to cancel or modify those conditions and, instead or in addition, to provide that licences in respect of the design right shall be available as of right.

1980 c. 21.

Undertaking to take licence of right in infringement proceedings.

Crown use of designs.

Crown use of designs.

(a) do anything for the purpose of supplying articles for the services of the Crown, or

(b) dispose of articles no longer required for the services of the Crown;

and nothing done by virtue of this section infringes the design right.

(a) pharmaceutical services,

(b) general medical services, or

(c) general dental services,

1977 c. 49.
1978 c. 29.

that is, services of those kinds under Part II of the National Health Service Act 1977, Part II of the National Health Service (Scotland) Act 1978 or the corresponding provisions of the law in force in Northern Ireland.

Settlement of terms for Crown use.

(a) notify the design right owner as soon as practicable, and

(b) give him such information as to the extent of the use as he may from time to time require,

unless it appears to the department that it would be contrary to the public interest to do so or the identity of the design right owner cannot be ascertained on reasonable inquiry.

In the application of this subsection to Northern Ireland the reference to the Treasury shall, where the government department referred to in that subsection is a Northern Ireland department, be construed as a reference to the Department of Finance and Personnel.

Rights of third parties in case of Crown use.

(a) restrict or regulate anything done in relation to the design, or the use of any model, document or other information relating to it, or

(b) provide for the making of payments in respect of, or calculated by reference to such use;

and the copying or issuing to the public of copies of any such model or document in connection with the thing done, or any such use, shall be deemed not to be an infringement of any copyright in the model or document.

Crown use: compensation for loss of profit.

(a) to the design right owner, or

(b) if there is an exclusive licence in force in respect of the design, to the exclusive licensee,

compensation for any loss resulting from his not being awarded a contract to supply the articles made to the design.

Special provision for Crown use during emergency.

General

Power to provide for further exceptions.

(a) comply with an international obligation of the United Kingdom, or

(b) secure or maintain reciprocal protection for British designs in other countries,

by order provide that acts of a description specified in the order do not infringe design right.

Chapter IV
Jurisdiction of the Comptroller and the Court

Jurisdiction of the comptroller

Jurisdiction to decide matters relating to design right.

(a) the subsistence of design right,

(b) the term of design right, or

(c) the identity of the person in whom design right first vested;

and the comptroller's decision on the reference is binding on the parties to the dispute.

Application to settle terms of licence of right.

(a) section 237 (licences available in last five years of design right), or

(b) an order under section 238 (licences made available in the public interest),

may apply to the comptroller to settle the terms of the licence.

Settlement of terms where design right owner unknown.

Appeals as to terms of licence of right. 1949 c. 88.

Rules.

Jurisdiction of the court

References and appeals on design right matters.

Reference of disputes relating to Crown use.

(a) section 241 (settlement of terms for Crown use),

(b) section 242 (rights of third parties in case of Crown use), or

(c) section 243 (Crown use: compensation for loss of profit),

may be referred to the court by any party to the dispute.

Chapter V
Miscellaneous and General

Miscellaneous

Remedy of groundless threats of infringement proceedings.

Licensee under licence of right not to claim connection with design right owner.

1968 c. 29.

Extent of operation of this Part

Countries to which this Part extends.

Countries enjoying reciprocal protection.

Territorial waters and the continental shelf.

1964 c. 29.

Interpretation

Construction of references to design right owner.

Joint designs.

Application of provisions to articles in kit form.

Requirement of signature: application in relation to body corporate.

Adaptation of expressions in relation to Scotland.

Minor definitions.

Index of defined expressions.

account of profits and accounts (in Scotland)	section 262
assignment (in Scotland)	section 262
British designs	section 263(1)
business	section 263(1)
commercial purposes	section 263(3)
commission	section 263(1)
the comptroller	section 263(1)
computer-generated	section 263(1)
costs (in Scotland)	section 262
country	section 263(1)
the Crown	section 263(1)
Crown use	sections 240(5) and 244(2)
defendant (in Scotland)	section 262
delivery up (in Scotland)	section 262
design	section 213(2)
design document	section 263(1)
designer	sections 214 and 259(2)
design right	section 213(1)
design right owner	sections 234(2) and 258
employee, employment and employer	section 263(1)
exclusive licence	section 225(1)
government department	section 263(1)
government department concerned (in relation to Crown use)	section 240(5)
infringing article	section 228
injunction (in Scotland)	section 262
interlocutory relief (in Scotland)	section 262
joint design	section 259(1)
licence (of the design right owner)	sections 222(4), 223(3) and 258
making articles to a design	section 226(2)
marketing (and related expressions)	section 263(2)
original	section 213(4)
plaintiff (in Scotland)	section 262
qualifying individual	section 217(1)
qualifying person	sections 217(1) and (2)
signed	section 261

Part IV
Registered Designs

Amendments of the Registered Designs Act 1949

Registrable designs. 1949 c. 88.

"Designs registrable under Act.

(a) registered in respect of the same or any other article in pursuance of a prior application, or

(b) published in the United Kingdom in respect of the same or any other article before the date of the application,

or if it differs from such a design only in immaterial details or in features which are variants commonly used in the trade.

This subsection has effect subject to the provisions of sections 4, 6 and 16 of this Act.

Provisions with respect to certain designs registered in pursuance
of application made before commencement. 1949 c. 88.

1949 c. 88.

Authorship and first ownership of designs.

Right given by registration of design.

"Right given by registration.

(a) to make or import-

(i) for sale or hire, or

(ii) for use for the purposes of a trade or business, or

(b) to sell, hire or offer or expose for sale or hire,

an article in respect of which the design is registered and to which that design or a design not substantially different from it has been applied.

and for this purpose a 'kit' means a complete or substantially complete set of components intended to be assembled into an article.

Duration of right in registered design. 1949 c. 88.

"Duration of right in registered design.

(a) was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsists, and

(b) by reason of a previous use of that work would not have been registrable but for section 6(4) of this Act (registration despite certain prior applications of design).

the right in the registered design expires when the copyright in that work expires, if that is earlier than the time at which it would otherwise expire, and it may not thereafter be renewed.

Restoration of lapsed right in design.

Effect of order for restoration of right.

(a) began in good faith to do an act which would have constituted an infringement of the right in the design if it had not expired, or

(b) made in good faith effective and serious preparations to do such an act,

he has the right to continue to do the act or, as the case may be, to do the act, notwithstanding the restoration of the right in the design; but this does not extend to granting a licence to another person to do the act.

Powers exercisable for protection of the public interest. 1949 c. 88.

"Powers exercisable for protection of the public interest.

(a) on a monopoly reference, that a monopoly situation exists and facts found by the Commission operate or may be expected to operate against the public interest,

(b) on a merger reference, that a merger situation qualifying for investigation has been created and the creation of the situation, or particular elements in or consequences of it specified in the report, operate or may be expected to operate against the public interest,

(c) on a competition reference, that a person was engaged in an anti-competitive practice which operated or may be expected to operate against the public interest, or

(d) on a reference under section 11 of the Competition Act 1980 (reference of public bodies and certain other persons), that a person is pursuing a course of conduct which operates against the public interest,

the appropriate Minister or Ministers may apply to the registrar to take action under this section.

(a) conditions in licences granted in respect of a registered design by its proprietor restricting the use of the design by the licensee or the right of the proprietor to grant other licences, or

(b) a refusal by the proprietor of a registered design to grant licences on reasonable terms,

he may by order cancel or modify any such condition or may, instead or in addition, make an entry in the register to the effect that licences in respect of the design are to be available as of right.

Undertaking to take licence of right in infringement proceedings.

Crown use: compensation for loss of profit. 1949 c. 88.

"Compensation for loss of profit.

(a) to the registered proprietor, or

(b) if there is an exclusive licence in force in respect of the design, to the exclusive licensee,

compensation for any loss resulting from his not being awarded a contract to supply the articles to which the design is applied.

(a) the exercise by a Government department, or a person authorised by a Government department, of the powers conferred by paragraph 1 of this Schedule,

(b) terms for the use of a design for the services of the Crown under that paragraph,

(c) the right of any person to receive any part of a payment made under paragraph 1(3), or

(d) the right of any person to receive a payment under paragraph 2A,

may be referred to the court by either party to the dispute.".

Minor and consequential amendments. 1949 c. 88.

Supplementary

Text of Registered Designs Act 1949 as amended.

Part V
Patent Agents and Trade Mark Agents

Patent agents

Persons permitted to carry on business of a patent agent.

The register of patent agents.

Persons entitled to describe themselves as patent agents.

(a) carry on a business under any name or other description which contains the words "patent agent" or "patent attorney"; or

(b) in the course of a business otherwise describe itself, or permit itself to be described as, a firm of "patent agents" or "patent attorneys",

unless all the partners are registered patent agents or the partnership satisfies such conditions as may be prescribed for the purposes of this section.

(a) carry on a business (otherwise than in partnership) under any name or other description which contains the words "patent agent" or "patent attorney"; or

(b) in the course of a business otherwise describe itself, or permit itself to be described as, a "patent agent" or "patent attorney",

unless all the directors of the body corporate are registered patent agents or the body satisfies such conditions as may be prescribed for the purposes of this section.

Persons entitled to describe themselves as European patent attorneys, &c.

Use of the term "patent attorney": supplementary provisions.

1974 c. 37.
1980 c. 46.
S.I. 1976/582 (N.I.12).

Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.

Privilege for communications with patent agents.

(a) between a person and his patent agent, or

(b) for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his patent agent,

is privileged from disclosure in legal proceedings in England, Wales or Northern Ireland in the same way as a communication between a person and his solicitor or, as the case may be, a communication for the purpose of obtaining, or in response to a request for, information which a person seeks for the purpose of instructing his solicitor.

Power of comptroller to refuse to deal with certain agents.
1949 c. 87.
1949 c. 88.
1977 c. 37.

Trade mark agents

The register of trade mark agents.

Unregistered persons not to be described as registered trade mark agents

(a) carry on a business under any name or other description which contains the words "registered trade mark agent"; or

(b) in the course of a business otherwise describe or hold itself out, or permit itself to be described or held out, as a firm of registered trade mark agents,

unless all the partners are registered trade mark agents or the partnership satisfies such conditions as may be prescribed for the purposes of this section.

(a) carry on a business (otherwise than in partnership) under any name or other description which contains the words "registered trade mark agent"; or

(b) in the course of a business otherwise describe or hold itself out, or permit itself to be described or held out, as a registered trade mark agent,

unless all the directors of the body corporate are registered trade mark agents or the body satisfies such conditions as may be prescribed for the purposes of this section.

Privilege for communications with registered trade mark agents.

(a) between a person and his trade mark agent, or

(b) for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his trade mark agent,

is privileged from disclosure in legal proceedings in England, Wales or Northern Ireland in the same way as a communication between a person and his solicitor or, as the case may be, a communication for the purpose of obtaining, or in response to a request for, information which a person seeks for the purpose of instructing his solicitor.

Supplementary

Offences committed by partnerships and bodies corporate.

1980 c. 43.
S.I. 1981/1675 (N.I. 26).

Interpretation.

Part VI
Patents

Patents county courts

Patents county courts: special jurisdiction.

(a) relating to patents or designs, or

(b) ancillary to, or arising out of the same subject matter as, proceedings relating to patents or designs,

as may be specified in the order.

Financial limits in relation to proceedings
within special jurisdiction of patents county court.

Transfer of proceedings between High Court and patents county court.
1984 c. 28.

Limitation of costs where pecuniary claim could
have been brought in patents county court.

Proceedings in patents county courts.

Rights and duties of registered patent agents in relation
to proceedings in patents county court.

1984 c. 28.

Licences of right in respect of certain patents

Restriction of acts authorised by certain licences. 1977 c. 37.

(a) orders under section 130 of the Medicines Act 1968 (meaning of "medicinal product"), or

(b) orders under sub-paragraph (3) above,

shall be determined in relation to a patent at the beginning of the sixteenth year of the patent.

(a) in respect of a patent which has at the commencement of section 293 of the Copyright, Designs and Patents Act 1988 passed the end of its fifteenth year; or

(b) if at the date of filing there is-

(i) an existing licence for any description of excepted use of the product, or

(ii) an outstanding application under section 46(3)(a) or (b) above for the settlement by the comptroller of the terms of a licence for any description of excepted use of the product,

and, in either case, the licence took or is to take effect at or after the end of the sixteenth year of the patent.

When application may be made for settlement of terms of licence. 1977 c. 37.

Patents: miscellaneous amendments

Patents: miscellaneous amendments.
1949 c. 87.
1977 c. 37.

Part VII
Miscellaneous and General

Devices designed to circumvent copy-protection

Devices designed to circumvent copy-protection.

(a) makes, imports, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, any device or means specifically designed or adapted to circumvent the form of copy-protection employed, or

(b) publishes information intended to enable or assist persons to circumvent that form of copy-protection,

as a copyright owner has in respect of an infringement of copyright.

(a) sections 104 to 106 of this Act (presumptions as to certain matters relating to copyright), and

1981 c. 54.
1985 c. 37.
1978 c. 23.

(b) section 72 of the Supreme Court Act 1981, section 15 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 and section 94A of the Judicature (Northern Ireland) Act 1978 (withdrawal of privilege against self-incrimination in certain proceedings relating to intellectual property);

and section 114 of this Act applies, with the necessary modifications, in relation to the disposal of anything delivered up or seized by virtue of subsection (3) above.

Fraudulent reception of transmissions

Offence of fraudulently receiving programmes.

In relation to a body corporate whose affairs are managed by its members "director" means a member of the body corporate.

Rights and remedies in respect of apparatus, &c.
for unauthorised reception of transmissions.

(a) makes charges for the reception of programmes included in a broadcasting or cable programme service provided from a place in the United Kingdom, or

(b) sends encrypted transmissions of any other description from a place in the United Kingdom,

is entitled to the following rights and remedies.

(a) makes, imports or sells or lets for hire any apparatus or device designed or adapted to enable or assist persons to receive the programmes or other transmissions when they are not entitled to do so, or

(b) publishes any information which is calculated to enable or assist persons to receive the programmes or other transmissions when they are not entitled to do so,

as a copyright owner has in respect of an infringement of copyright.

1981 c. 54.
1985 c. 37.
1978 c. 23.

Supplementary provisions as to fraudulent reception.

Fraudulent application or use of trade mark

Fraudulent application or use of trade mark an offence.
1938 c. 22.

"Fraudulent application or use of trade mark an offence.

(a) to apply a mark identical to or nearly resembling a registered trade mark to goods, or to material used or intended to be used for labelling, packaging or advertising goods, or

(b) to sell, let for hire, or offer or expose for sale or hire, or distribute-

(i) goods bearing such a mark, or

(ii) material bearing such a mark which is used or intended to be used for labelling, packaging or advertising goods, or

(c) to use material bearing such a mark in the course of a business for labelling, packaging or advertising goods, or

(d) to possess in the course of a business goods or material bearing such a mark with a view to doing any of the things mentioned in paragraphs (a) to (c),

when he is not entitled to use the mark in relation to the goods in question and the goods are not connected in the course of trade with a person who is so entitled.

(a) he acts with a view to gain for himself or another, or with intent to cause loss to another, and

(b) he intends that the goods in question should be accepted as connected in the course of trade with a person entitled to use the mark in question;

and it is a defence for a person charged with an offence under subsection (1) to show that he believed on reasonable grounds that he was entitled to use the mark in relation to the goods in question.

In relation to a body corporate whose affairs are managed by its members 'director' means a member of the body corporate.

Delivery up of offending goods and material.

(a) goods or material in respect of which the offence was committed, or

(b) goods of the same description as those in respect of which the offence was committed, or material similar to that in respect of which the offence was committed, bearing a mark identical to or nearly resembling that in relation to which the offence was committed,

order that the goods or material be delivered up to such person as the court may direct.

(a) in England and Wales, to the Crown Court, and

(b) in Northern Ireland, to the county court;

and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the goods or material have been removed may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence.

Order as to disposal of offending goods or material.

(a) to appear in proceedings for an order under this section, whether or not he was served with notice, and

(b) to appeal against any order made, whether or not he appeared;

and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

(a) in a county court in England, Wales and Northern Ireland, provided the value of the goods or material in question does not exceed the county court limit for actions in tort, and

(b) in a sheriff court in Scotland;

but this shall not be construed as affecting the jurisdiction of the High Court or, in Scotland, the Court of Session.

Enforcement of section 58A.

For that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.

Provisions for the benefit
of the Hospital for Sick Children

Provisions for the benefit of the Hospital for Sick Children.

Financial assistance for certain international bodies

Financial assistance for certain international bodies.

(a) any international organisation having functions relating to trade marks or other intellectual property, or

(b) any Community institution or other body established under any of the Community Treaties having any such functions,

with a view to the establishment or maintenance by that organisation, institution or body of premises in the United Kingdom.

General

Consequential amendments and repeals.

Extent.

Commencement.

Short title.

SCHEDULES

Section 170.

SCHEDULE 1
Copyright: transitional provisions and savings

Introductory

1911 c. 46.
1956 c. 74.

General principles: continuity of the law

Subsistence of copyright

1949 c. 88.

(a) a broadcast made before 1st June 1957, or

(b) a cable programme included in a cable programme service before 1st January 1985;

and any such broadcast or cable programme shall be disregarded for the purposes of section 14(2) (duration of copyright in repeats).

Authorship of work

First ownership of copyright

(a) section 4(3) of the 1956 Act or paragraph (a) of the proviso to section 5(1) of the 1911 Act (photographs, portraits and engravings), or

(b) the proviso to section 12(4) of the 1956 Act (sound recordings),

those provisions apply to determine first ownership of copyright in any work made in pursuance of the commission after commencement.

Duration of copyright in existing works

The question which provision applies to a work shall be determined by reference to the facts immediately before commencement; and expressions used in this paragraph which were defined for the purposes of the 1956 Act have the same meaning as in that Act.

(a) unpublished sound recordings made on or after 1st June 1957;

(b) films not falling within sub-paragraph (2)(e) above,

unless the recording or film is published before the end of that period in which case copyright in it shall continue until the end of the period of 50 years from the end of the calendar year in which the recording or film is published.

Perpetual copyright under the Copyright Act 1775

1775 c. 53.

Chapter III (acts permitted in relation to copyright works),

Chapter VI (remedies for infringement),

Chapter VII (provisions with respect to copyright licensing), and

Chapter VIII (the Copyright Tribunal),

apply in relation to those rights as they apply in relation to copyright under this Act.

Acts infringing copyright

1775 c. 53.

(a) subsection (6) (copying of unpublished works from manuscript or copy in library, museum or other institution);

(b) subsection (7) (publication of work containing material to which subsection (6) applies), except paragraph (a) (duty to give notice of intended publication);

(c) subsection (8) (subsequent broadcasting, performance, &c. of material published in accordance with subsection (7));

and subsection (9)(d) (illustrations) continues to apply for the purposes of those provisions.

(a) performing the work in public,

(b) broadcasting the work or including it in a cable programme service, or

(c) doing any of the above in relation to an adaptation of the work;

and where the right conferred by the 1911 Act consisted only of the sole right to perform the work in public, the acts restricted by the copyright shall be treated as consisting only of those acts.

1842 c. 45.

Designs

Abolition of statutory recording licence

Moral rights

Assignments and licences

(a) affecting the ownership of the copyright in an existing work, or

(b) creating, transferring or terminating an interest, right or licence in respect of the copyright in an existing work,

has the corresponding operation in relation to copyright in the work under this Act.

Bequests

Remedies for infringement

Copyright Tribunal: proceedings
pending on commencement

Qualification for copyright protection

Dependent territories

(a) the new copyright provisions come into force in that territory by virtue of an Order under section 157 of this Act (power to extend new copyright provisions), or

(b) in the case of the Isle of Man, the Order is revoked by Order under sub-paragraph (3) below;

and while it remains in force such an Order may be varied under the provisions of the 1956 Act under which it was made.

(a) was a country to which the 1956 Act extended, or

(b) was treated as such a country by virtue of paragraph 39(2) of Schedule 7 to that Act (countries to which the 1911 Act extended or was treated as extending);

and Her Majesty may by Order in Council conclusively declare for the purposes of this paragraph whether a country was such a country or was so treated.

Territorial waters and the continental shelf

British ships, aircraft and hovercraft

Crown copyright

The question which provision applies to a work shall be determined by reference to the facts immediately before commencement; and expressions used in this paragraph which were defined for the purposes of the 1956 Act have the same meaning as in that Act.

(a) the date on which copyright expires in accordance with section 163(3), or

(b) the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force,

whichever is the later.

Parliamentary copyright

Copyright vesting in certain international organisations

Meaning of "publication"

Meaning of "unauthorised"

Section 189.

SCHEDULE 2
Rights in performances: permitted acts

Introductory

Criticism, reviews and news reporting

(a) for the purpose of criticism or review, of that or another performance or recording, or of a work, or

(b) for the purpose of reporting current events,

does not infringe any of the rights conferred by Part II.

Incidental inclusion of performance or recording

Things done for purposes of instruction or examination

For this purpose "dealt with" means sold or let for hire, or offered or exposed for sale or hire.

Playing or showing sound recording, film, broadcast
or cable programme at educational establishment

Recording of broadcasts and cable programmes
by educational establishments

For this purpose "dealt with" means sold or let for hire, or offered or exposed for sale or hire.

Copy of work required to be made as condition of export

Parliamentary and judicial proceedings

Royal Commissions and statutory inquiries

Public records

1958 c. 51
1937 c. 43.
1923 c. 20 (N.I.).

Acts done under statutory authority

Transfer of copies of works in electronic form

(a) prohibiting the transfer of the recording by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any consent or terminating any consent on a transfer, or

(b) providing for the terms on which a transferee may do the things which the purchaser was permitted to do,

anything which the purchaser was allowed to do may also be done by a transferee without infringement of the rights conferred by this Part, but any recording made by the purchaser which is not also transferred shall be treated as an illicit recording for all purposes after the transfer.

Use of recordings of spoken works in certain cases

(a) of reporting current events, or

(b) of broadcasting or including in a cable programme service the whole or part of the reading or recitation,

it is not an infringement of the rights conferred by Part II to use the recording (or to copy the recording and use the copy) for that purpose, provided the following conditions are met.

Recordings of folksongs

"designated body" means a body designated for the purposes of section 61, and

"the prescribed conditions" means the conditions prescribed for the purposes of subsection (3) of that section;

and other expressions used in this paragraph have the same meaning as in that section.

Playing of sound recordings
for purposes of club, society, &c

Incidental recording for purposes
of broadcast or cable programme

Recordings for purposes of supervision and control
of broadcasts and cable programmes

1981 c. 68.

1984 c. 46.

Free public showing or playing
of broadcast or cable programme

Reception and re-transmission of broadcast
in cable programme service

1984 c. 46.

(a) if the inclusion of the broadcast in the cable programme service is in pursuance of a requirement imposed under section 13(1) of the Cable and Broadcasting Act 1984 (duty of Cable Authority to secure inclusion in cable service of certain programmes), or

(b) if and to the extent that the broadcast is made for reception in the area in which the cable programme service is provided;

but where the making of the broadcast was an infringement of those rights, the fact that the broadcast was re-transmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.

Provision of sub-titled copies
of broadcast or cable programme

Recording of broadcast or cable programme
for archival purposes

Section 272.

SCHEDULE 3
Registered designs: minor and consequential
amendments of 1949 Act

Section 3: proceedings for registration

1949 c. 88.

Section 4: registration of same design
in respect of other articles, etc.

1949 c. 88.

Section 5: provisions for secrecy of certain designs

(a) the representation or specimen of the design, and

(b) any evidence filed in support of the applicant's contention that the appearance of an article is material (for the purposes of section 1(3) of this Act),

shall not be open to public inspection at the Patent Office during the continuance in force of the directions."

Section 6: provisions as to confidential disclosure, etc.

(a) the design in question, or

(b) a design differing from it only in immaterial details or in features which are variants commonly used in the trade,

and that previous use was made by or with the consent of the copyright owner.

Section 9: exemption of innocent infringer
from liability for damages

1949 c. 88.

Section 11: cancellation of registration

(a) the design was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsisted, and

(b) the right in the registered design has expired in accordance with section 8(4) of this Act (expiry of right in registered design on expiry of copyright in artistic work);

and the registrar may make such order on the application as he thinks fit.

(a) in the case of cancellation under subsection (1), from the date of the registrar's decision,

(b) in the case of cancellation under subsection (2), from the date of registration,

(c) in the case of cancellation under subsection (3), from the date on which the right in the registered design expired,

or, in any case, from such other date as the registrar may direct.

Section 14: registration where application
has been made in convention country

Section 15: extension of time for application
under s. 14 in certain cases

1949 c. 88.

Section 16: protection of designs communicated
under international agreements

Section 19: registration of assignments, &c.

Section 20: rectification of the register

(a) an entry made has effect from the date on which it should have been made,

(b) an entry varied has effect as if it had originally been made in its varied form, and

(c) an entry deleted shall be deemed never to have had effect,

unless, in any case, the court directs otherwise.".

Section 22: inspection of registered designs

Section 23: information as to existence
of right in registered design

1949 c. 88.

"Information as to existence of right in registered design.

(a) whether the design is registered and, if so, in respect of what articles, and

(b) whether any extension of the period of the right in the registered design has been granted,

and shall state the date of registration and the name and address of the registered proprietor.".

Section 25: certificate of contested validity of registration

Section 26: remedy for groundless threats
of infringement proceedings

Section 27: the court

"The court.

Section 28: the Appeal Tribunal

1970 c. 31.

Section 29: exercise of discretionary powers of registrar

1949 c. 88.

Section 30: costs and security for costs

"Costs and security for costs.

(a) an application for cancellation of the registration of a design,

(b) an application for the grant of a licence in respect of a registered design, or

(c) an appeal from any decision of the registrar under this Act,

and enabling the application or appeal to be treated as abandoned in default of such security being given.".

Section 31: evidence before registrar

1949 c. 88.

"Evidence before registrar.

Section 32: power of registrar to refuse
to deal with certain agents

Section 33: offences under s. 5
(secrecy of certain designs)

Section 34: falsification of register, &c.

Section 35: fine for falsely representing
a design as registered

1949 c. 88.

Section 35A: offence by body corporate - liability of officers

"Offence by body corporate: liability of officers.

Section 36: general power to make rules, &c.

Section 37: provisions as to rules and Orders

1949 c. 88.

Section 38: proceedings of the Board of Trade

Section 39: hours of business and excluded days

Section 40: fees

Section 44: interpretation

Section 45: application to Scotland

1949 c. 88.

Section 46: application to Northern Ireland

Section 47: application to Isle of Man

"Application to Isle of Man.

Section 47A: territorial waters and the continental shelf

"Territorial waters and the continental shelf.

Section 48: repeals, savings
and transitional provisions

Schedule 1: provisions as to Crown
use of registered designs

1949 c. 88.

Schedule 2: enactments repealed

Section 273.

SCHEDULE 4
The Registered Designs Act 1949 as amended

An Act to consolidate certain enactments relating to registered designs.

[16th December 1949]

Registrable designs and proceedings for registration

Designs registrable under Act.

(a) registered in respect of the same or any other article in pursuance of a prior application, or

(b) published in the United Kingdom in respect of the same or any other article before the date of the application,

or if it differs from such a design only in immaterial details or in features which are variants commonly used in the trade.

Proprietorship of designs.

Proceedings for registration.

Registration of same design in respect of other articles, etc.

(a) for registration in respect of one or more other articles, of the registered design, or

(b) for registration in respect of the same or one or more other articles, of a design consisting of the registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof,

the application shall not be refused and the registration made on that application shall not be invalidated by reason only of the previous registration or publication of the registered design:

(a) that design has been previously registered by another person in respect of some other article; or

(b) the design to which the application relates consists of a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof,

then, if at any time while the application is pending the applicant becomes the registered proprietor of the design previously registered, the foregoing provisions of this section shall apply as if at the time of making the application the applicant had been the registered proprietor of that design.

Provisions for secrecy of certain designs.

... ... ... ...

Provisions as to confidential disclosure, etc.

(a) the design in question, or

(b) a design differing from it only in immaterial details or in features which are variants commonly used in the trade,

and that previous use was made by or with the consent of the copyright owner.

Effect of registration, &c.

Right given by registration.

(a) to make or import-

(i) for sale or hire, or

(ii) for use for the purposes of a trade or business, or

(b) to sell, hire or offer or expose for sale or hire,

an article in respect of which the design is registered and to which that design or a design not substantially different from it has been applied.

(a) does anything in relation to a kit that would be an infringement if done in relation to the assembled article (see subsection (1)), or

(b) makes anything for enabling a kit to be made or assembled, in the United Kingdom or elsewhere, if the assembled article would be such an article as is mentioned in subsection (1);

and for this purpose a "kit" means a complete or substantially complete set of components intended to be assembled into an article.

Duration of right in registered design.

(a) was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsists, and

(b) by reason of a previous use of that work would not have been registrable but for section 6(4) of this Act (registration despite certain prior applications of design),

the right in the registered design expires when the copyright in that work expires, if that is earlier than the time at which it would otherwise expire, and it may not thereafter be renewed.

Restoration of lapsed right in design.

Effect of order for restoration of right.

(a) began in good faith to do an act which would have constituted an infringement of the right in the design if it had not expired, or

(b) made in good faith effective and serious preparations to do such an act,

he has the right to continue to do the act or, as the case may be, to do the act, notwithstanding the restoration of the right in the design; but this does not extend to granting a licence to another person to do the act.

Exemption of innocent infringer from liability for damages.

Compulsory license in respect of registered design.

Cancellation of registration.

(a) the design was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsisted, and

(b) the right in the registered design has expired in accordance with section 8(4) of this Act (expiry of right in registered design on expiry of copyright in artistic work);

and the registrar may make such order on the application as he thinks fit.

(a) in the case of cancellation under subsection (1), from the date of the registrar's decision,

(b) in the case of cancellation under subsection (2), from the date of registration,

(c) in the case of cancellation under subsection (3), from the date on which the right in the registered design expired,

or, in any case, from such other date as the registrar may direct.

Powers exercisable for protection of the public interest.

(a) on a monopoly reference, that a monopoly situation exists and facts found by the Commission operate or may be expected to operate against the public interest,

(b) on a merger reference, that a merger situation qualifying for investigation has been created and the creation of the situation, or particular elements in or consequences of it specified in the report, operate or may be expected to operate against the public interest,

(c) on a competition reference, that a person was engaged in an anti-competitive practice which operated or may be expected to operate against the public interest, or

(d) on a reference under section 11 of the Competition Act 1980 (reference of public bodies and certain other persons), that a person is pursuing a course of conduct which operates against the public interest,

the appropriate Minister or Ministers may apply to the registrar to take action under this section.

(a) conditions in licences granted in respect of a registered design by its proprietor restricting the use of the design by the licensee or the right of the proprietor to grant other licences, or

(b) a refusal by the proprietor of a registered design to grant licences on reasonable terms,

he may by order cancel or modify any such condition or may, instead or in addition, make an entry in the register to the effect that licences in respect of the design are to be available as of right.

Undertaking to take license of right in infringement proceedings.

Use for services of the Crown.

International Arrangements

Orders in Council as to convention countries.

Provided that a declaration may be made as aforesaid for the purposes either of all or of some only of the provisions of this Act, and a country in the case of which a declaration made for the purposes of some only of the provisions of this Act is in force shall be deemed to be a convention country for the purposes of those provisions only.

Registration of design where application for protection
in convention country has been made.

Provided that no application shall be made by virtue of this section after the expiration of six months from the date of the application for protection in a convention country or, where more than one such application for protection has been made, from the date of the first application.

(a) in accordance with the terms of a treaty subsisting between two or more convention countries, is equivalent to an application duly made in any one of those convention countries; or

(b) in accordance with the law of any convention country, is equivalent to an application duly made in that convention country,

he shall be deemed for the purposes of this section to have applied in that convention country.

Extension of time for applications under s.14 in certain cases.

Protection of designs communicated under international agreements.

Register of designs, etc.

Register of designs.

(a) a copy of an entry in the register or an extract from the register which is supplied under subsection (5) above;

(b) a copy or any representation, specimen or document kept in the Patent Office or an extract from any such document,

which purports to be a certified copy or certified extract shall, subject to subsection (11) below, be admitted in evidence without further proof and without production of any original; and in Scotland such evidence shall be sufficient evidence.

Certificate of registration.

Registration of assignments, etc.

Provided that any equities in respect of the design may be enforced in like manner as in respect of any other personal property.

Rectification of register.

(a) an entry made has effect from the date on which it should have been made,

(b) an entry varied has effect as if it had originally been made in its varied form, and

(c) an entry deleted shall be deemed never to have had effect,

unless, in any case, the court directs otherwise.

Power to correct clerical errors.

Inspection of registered designs.

Information as to existence of right in registered design.

(a) whether the design is registered and, if so, in respect of what articles, and

(b) whether any extension of the period of the right in the registered design has been granted,

and shall state the date of registration and the name and address of the registered proprietor.

... ... ... ... ... ... ...

Legal proceedings and appeals

Certificate of contested validity of registration.

Remedy for groundless threats of infringement proceedings.

The court.

The Appeal Tribunal.

(a) where in the case of any particular appeal the senior of those judges so directs, shall be exercised in relation to that appeal by both of the judges, or (if there are more than two) by two of them, sitting together, and

(b) in relation to any appeal in respect of which no such direction is given, may be exercised by any one of the judges;

and, in the exercise of that jurisdiction, different appeals may be heard at the same time by different judges.

... ... ... ... ... ... ...

Powers and duties of Registrar

Exercise of discretionary powers of registrar.

Costs and security for costs.

(a) an application for cancellation of the registration of a design,

(b) an application for the grant of a licence in respect of a registered design, or

(c) an appeal from any decision of the registrar under this Act,

and enabling the application or appeal to be treated as abandoned in default of such security being given.

Evidence before registrar.

... ... ... ... ... ... ...

Offences

Offences under s.5.

... ... ... ... ... ... ...

Falsification of register, etc.

Fine for falsely representing a design as registered.

Offence by body corporate: liability of officers.

Rules, etc.

General power of Secretary of State to make rules, etc.

Provisions as to rules and Orders.

... ... ... ... ... ... ...

Supplemental

Hours of business and excluded days.

Fees.

Service of notices, &c., by post.

Annual report of registrar.

Savings.

Interpretation.

... ... ... ... ... ... ...

... ... ... ... ... ... ...

Application to Scotland.

... ... ... ... ... ... ...

Application to Northern Ireland.

... ... ... ... ... ... ...

... ... ... ... ... ... ...

Application to Isle of Man.

Territorial waters and the continental shelf.

Repeals, savings, and transitional provisions.

Short title and commencement.

FIRST SCHEDULE

Provisions as to the Use of Registered Designs
for the Services of the Crown and as to the Rights
of Third Parties in Respect of such Use

Use of registered designs for services of the Crown

(a) the supply to the government of any country outside the United Kingdom, in pursuance of an agreement or arrangement between Her Majesty's Government in the United Kingdom and the government of that country, of articles required-

(i) for the defence of that country; or

(ii) for the defence of any other country whose government is party to any agreement or arrangement with Her Majesty's said Government in respect of defence matters;

(b) the supply to the United Nations, or the government of any country belonging to that organisation, in pursuance of an agreement or arrangement between Her Majesty's Government and that organisation or government, of articles required for any armed forces operating in pursuance of a resolution of that organisation or any organ of that organisation;

and the power of a Government department or a person authorised by a Government department under this paragraph to use a design shall include power to sell to any such government or to the said organisation any articles the supply of which is authorised by this sub-paragraph, and to sell to any person any articles made in the exercise of the powers conferred by this paragraph which are no longer required for the purpose for which they were made.

Rights of third parties in respect of Crown use

(a) by a Government department or a person authorised by a Government department under the last foregoing paragraph; or

(b) by the registered proprietor or applicant for registration to the order of a Government department,

the provisions of any licence, assignment or agreement made, whether before or after the commencement of this Act, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than a Government department shall be of no effect so far as those provisions restrict or regulate the use of the design, or any model, document or information relating thereto, or provide for the making of payments in respect of any such use, or calculated by reference thereto; and the reproduction or publication of any model or document in connection with the said use shall not be deemed to be an infringement of any copyright or design right subsisting in the model or document.

(a) in developing the said design; or

(b) in making payments to the registered proprietor, other than royalties or other payments determined by reference to the use of the design, in consideration of the licence;

and if, at any time before the amount of any such payment has been agreed upon between the Government department and the registered proprietor, that person gives notice in writing of his interest to the department, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent.

Compensation for loss of profit

(a) to the registered proprietor, or

(b) if there is an exclusive licence in force in respect of the design, to the exclusive licensee,

compensation for any loss resulting from his not being awarded a contract to supply the articles to which the design is applied.

Reference of disputes as to Crown use

(a) the exercise by a Government department, or a person authorised by a Government department, of the powers conferred by paragraph 1 of this Schedule,

(b) terms for the use of a design for the services of the Crown under that paragraph,

(c) the right of any person to receive any part of a payment made under paragraph 1(3), or

(d) the right of any person to receive a payment under paragraph 2A,

may be referred to the court by either party to the dispute.

Special provisions as to Crown use during emergency

(a) for the efficient prosecution of any war in which His Majesty may be engaged;

(b) for the maintenance of supplies and services essential to the life of the community;

(c) for securing a sufficiency of supplies and services essential to the well-being of the community;

(d) for promoting the productivity of industry, commerce and agriculture;

(e) for fostering and directing exports and reducing imports, or imports of any classes, from all or any countries and for redressing the balance of trade;

(f) generally for ensuring that the whole resources of the community are available for use, and are used, in a manner best calculated to serve the interests of the community; or

(g) for assisting the relief of suffering and the restoration and distribution of essential supplies and services in any part of His Majesty's dominions or any foreign countries that are in grave distress as the result of war;

and any reference in this Schedule to the services of the Crown shall be construed as including a reference to the purposes aforesaid.

... ... ... ... ... ... ...

Section 295.

SCHEDULE 5
Patents: miscellaneous amendments

Withdrawal of application
before publication of specification

1949 c. 87.

Correction of clerical errors

1977 c. 37.

Supplementary searches

(a) an amendment of the application made by the applicant under section 18(3) or 19(1) below, or

(b) a correction of the application, or of a document filed in connection with the application, under section 117 below,

shall be made only on payment of the prescribed fee, unless the comptroller directs otherwise.".

(a) the fee is paid, or

(b) the application is amended so as to render the supplementary search unnecessary,

he may refuse the application.".

Application for restoration of lapsed patent

1977 c. 37.

This amendment does not apply to a patent which has ceased to have effect in accordance with section 25(3) of the Patents Act 1977 (failure to renew within prescribed period) and in respect of which the period referred to in subsection (4) of that section (six months' period of grace for renewal) has expired before commencement.

"Effect of order for restoration of patent.

(a) began in good faith to do an act which would have constituted an infringement of the patent if it had not expired, or

(b) made in good faith effective and serious preparations to do such an act,

he has the right to continue to do the act or, as the case may be, to do the act, notwithstanding the restoration of the patent; but this right does not extend to granting a licence to another person to do the act.

1977 c. 37.

Determination of right to patent after grant

Employees' inventions

(a) by or on behalf of the employee or any person claiming under him for the purposes of pursuing an application for a patent, or

(b) by any person for the purpose of performing or working the invention,

shall be taken to infringe any copyright or design right to which, as between him and his employer, his employer is entitled in any model or document relating to the invention.".

1977 c. 37.

Undertaking to take licence in infringement proceedings

Power of comptroller on grant of compulsory licence

Powers exercisable in consequence of report
of Monopolies and Mergers Commission

"Powers exercisable in consequence of report
of Monopolies and Mergers Commission.

(a) on a monopoly reference, that a monopoly situation exists and facts found by the Commission operate or may be expected to operate against the public interest,

(b) on a merger reference, that a merger situation qualifying for investigation has been created and the creation of the situation, or particular elements in or consequences of it specified in the report, operate or may be expected to operate against the public interest,

(c) on a competition reference, that a person was engaged in an anti-competitive practice which operated or may be expected to operate against the public interest, or

(d) on a reference under section 11 of the Competition Act 1980 (reference of public bodies and certain other persons), that a person is pursuing a course of conduct which operates against the public interest,

the appropriate Minister or Ministers may apply to the comptroller to take action under this section.

(a) conditions in licences granted under a patent by its proprietor restricting the use of the invention by the licensee or the right of the proprietor to grant other licences, or

(b) a refusal by the proprietor of a patent to grant licences on reasonable terms

he may by order cancel or modify any such condition or may, instead or in addition, make an entry in the register to the effect that licences under the patent are to be available as of right.

Compulsory licensing: reliance on statements
in competition report

1977 c. 37.

Crown use: compensation for loss of profit

"Compensation for loss of profit.

(a) to the proprietor of the patent, or

(b) if there is an exclusive licence in force in respect of the patent, to the exclusive licensee,

compensation for any loss resulting from his not being awarded a contract to supply the patented product or, as the case may be, to perform the patented process or supply a thing made by means of the patented process.

1977 c. 37.

"(1) Any dispute as to-

(a) the exercise by a government department, or a person authorised by a government department, of the powers conferred by section 55 above,

(b) terms for the use of an invention for the services of the Crown under that section,

(c) the right of any person to receive any part of a payment made in pursuance of subsection (4) of that section, or

(d) the right of any person to receive a payment under section 57A,

may be referred to the court by either party to the dispute after a patent has been granted for the invention.";

and in subsection (4) for "under this section" substitute "under subsection (1)(a), (b) or (c) above".

Right to continue use begun before priority date

"Right to continue use begun before priority date.

(a) does in good faith an act which would constitute an infringement of the patent if it were in force, or

(b) makes in good faith effective and serious preparations to do such an act,

has the right to continue to do the act or, as the case may be, to do the act, notwithstanding the grant of the patent; but this right does not extend to granting a licence to another person to do the act.

Revocation on grounds of grant to wrong person

1977 c. 37.

Revocation where two patents granted for same invention

(a) the end of the period for filing an opposition to the European patent (UK) under the European Patent Convention, or

(b) if later, the date on which opposition proceedings are finally disposed of;

and he shall not then take any action if the decision is not to maintain the European patent or if it is amended so that there are not two patents in respect of the same invention.

Applications and amendments
not to include additional matter

1977 c. 37.

"Amendments of applications and patents not to include added matter.

(a) is made in respect of matter disclosed in an earlier application, or in the specification of a patent which has been granted, and

(b) discloses additional matter, that is, matter extending beyond that disclosed in the earlier application, as filed, or the application for the patent, as filed,

may be filed under section 8(3), 12 or 37(4) above, or as mentioned in section 15(4) above, but shall not be allowed to proceed unless it is amended so as to exclude the additional matter.

Effect of European patent (UK)

(a) proceedings for infringement, or proceedings under section 58 above, have been commenced before the court or the comptroller and have not been finally disposed of, and

(b) it is established in proceedings before the European Patent Office that the patent is only partially valid,

the provisions of section 63 or, as the case may be, of subsections (7) to (9) of section 58 apply as they apply to proceedings in which the validity of a patent is put in issue and in which it is found that the patent is only partially valid.".

The state of the art: material contained
in patent applications

1977 c. 37.

(a) the application is refused or withdrawn or deemed to be withdrawn, or

(b) the designation of the United Kingdom in the application is withdrawn or deemed to be withdrawn,

but shall apply again if the rights of the applicant are re-established under the European Patent Convention, as from their re-establishment.

Jurisdiction in certain proceedings

Effect of filing international application for patent

1977 c. 37.

"Effect of international application for patent.

section 89A (international and national phases of application), and

section 89B (adaptation of provisions in relation to international application),

be treated for the purposes of Parts I and III of this Act as an application for a patent under this Act.

(a) because of an error or omission in an institution having functions under the Treaty, or

(b) because, owing to circumstances outside the applicant's control, a copy of the application was not received by the International Bureau before the end of the time limited for that purpose under the Treaty,

or in such other circumstances as may be prescribed.

International and national phases of application.

(i) a copy of the application, if none has yet been sent to the Patent Office in accordance with the Treaty, and

(ii) any necessary translation of the application into English,

For this purpose a "copy of the application" includes a copy published in accordance with the Treaty in a language other than that in which it was originally filed.

(a) when the prescribed period expires, any necessary translation of the amendment into English has been filed at the Patent Office, or

(b) where the applicant expressly requests the comptroller to proceed earlier with the national phase of the application, there is then filed at the Patent Office-

(i) a copy of the amendment, if none has yet been sent to the Patent Office in accordance with the Treaty, and

(ii) any necessary translation of the amendment into English;

otherwise the amendment shall be disregarded.

Adaptation of provisions in relation to international application.

Proceedings before the court or the comptroller

1977 c. 37.

"Power of Patents Court to order report.

Power of Court of Session to order report.

1977 c. 37.

"Right of audience, &c. in proceedings before comptroller.

Right of audience, &c. in proceedings on appeal from the comptroller.

(a) provide that the right conferred by subsection (2) shall be subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient, and

(b) apply to persons exercising that right such statutory provisions, rules of court and other rules of law and practice applying to solicitors as may be specified in the regulations;

and different provision may be made for different descriptions of proceedings.

Provision of information

1977 c. 37.

Power to extend time limits

(a) authorizing the rectification of irregularities of procedure, or

(b) providing for the alteration of any period of time,

may authorise the comptroller to extend or further extend any period notwithstanding that the period has already expired.".

Availability of samples of micro-organisms

"Disclosure of invention by specification:
availability of samples of micro-organisms.

Section 301.

SCHEDULE 6
Provisions for the Benefit
of the Hospital for Sick Children

Interpretation

1977 c. 49.

Entitlement to royalty

Exceptions

Saving

Procedure for determining amount payable

Sums received to be held on trust

Right only for the benefit of the Hospital

1977 c. 49.

1960 c. 58.

Section 303(1).

SCHEDULE 7
Consequential amendments: general

British Mercantile Marine Uniform Act 1919 (c. 62)

"Right in registered design of distinctive marks of uniform.

Chartered Associations (Protection of Names
and Uniforms) Act 1926 (c. 26)

Patents, Designs, Copyright and Trade Marks
(Emergency) Act 1939 (c. 107)

Crown Proceedings Act 1947 (c. 44)

"Infringement of intellectual property rights.

(a) a patent,

(b) a registered trade mark or registered service mark,

(c) the right in a registered design,

(d) design right, or

(e) copyright;

but save as provided by this subsection no proceedings lie against the Crown by virtue of this Act in respect of an infringement of any of those rights.

Patents Act 1949 (c. 87)

Public Libraries (Scotland) Act 1955 (c. 27)

London County Council (General Powers) Act 1958 (c.xxi)

Public Libraries and Museums Act 1964 (c. 75)

Marine, &c., Broadcasting (Offences) Act 1967 (c. 41)

Medicines Act 1968 (c. 67)

Post Office Act 1969 (c. 48)

Merchant Shipping Act 1970 (c. 36)

Taxes Management Act 1970 (c. 9)

(a) in subsection (1)(c), and

(b) in subsection (2)(b),

for "or public lending right" substitute ", public lending right, right in a registered design or design right".

Tribunals and Inquiries Act 1971 (c. 62)

1984 c. 35.

Fair Trading Act 1973 (c. 41)

"10. The services of registered patent agents (within the meaning of Part V of the Copyright, Designs and Patents Act 1988) in their capacity as such.";

and in paragraph 10A (services of European patent attorneys) for "section 84(7) of the Patents Act 1977" substitute "Part V of the Copyright, Designs and Patents Act 1988".

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification
Act 1975 (c. 25)

Restrictive Trade Practices Act 1976 (c. 34)

and in paragraph 10A (services of European patent attorneys) for "section 84(7) of the Patents Act 1977" substitute "Part V of the Copyright, Designs and Patents Act 1988".

"Design right

(a) a licence granted by the owner or a licensee of any design right,

(b) an assignment of design right, or

(c) an agreement for such a licence or assignment,

if the licence, assignment or agreement is one under which no such restrictions as are described in section 6(1) above are accepted, or no such information provisions as are described in section 7(1) above are made, except in respect of articles made to the design; but subject to the following provisions.

Resale Prices Act 1976 (c. 53)

Patents Act 1977 (c. 37)

Unfair Contract Terms Act 1977 (c. 50)

Judicature (Northern Ireland) Act 1978 (c. 23)

Capital Gains Tax Act 1979 (c. 14)

British Telecommunications Act 1981 (c. 38)

Supreme Court Act 1981 (c. 54)

Broadcasting Act 1981 (c. 68)

Cable and Broadcasting Act 1984 (c. 46)

Companies Act 1985. (c. 6)

Law Reform (Miscellaneous Provisions)
(Scotland) Act 1985 (c. 73)

Atomic Energy Authority Act 1986 (c. 3)

Education and Libraries (Northern Ireland) Order 1986
(S.I. 1986/594 (N.I.3))

Companies (Northern Ireland) Order 1986
(S.I. 1986/1032 (N.I.6))

Income one Corporation Taxes Act 1988 (c. 1)

"Designs

Relief for payments in respect of designs.

(a) the consideration for the assignment or grant consists, in whole or in part, of a payment to which this section applies, the whole amount of which would otherwise be included in computing the amount of his profits or gains for a single year of assessment, and

(b) he was engaged in the creation of the design for a period of more than 12 months,

he may, on making a claim, require that effect shall be given to the following provisions in connection with that payment.

Taxation of design royalties where owner abroad.

Section 303(2).

SCHEDULE 8

Repeals

Chapter	Short title	Extent of repeal
1939 c. 107.	Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939.	In section 10(1), the definition of "copyright".
1945 c. 16.	Limitation (Enemies and War Prisoners) Act 1945.	In sections 2(1) and 4(a), the reference to section 10 of the Copyright Act 1911.
1949 c. 88.	Registered Designs Act 1949.	In section 3(2), the words "or original".
		Section 5(5).
		In section 11(2), the words "or original".
		In section 14(3), the words "or the Isle of Man".
		Section 32.
		Section 33(2).
		Section 37(1).
		Section 38.
		In section 44(1), the definitions of "copyright" and "Journal".
		In section 45, paragraphs (1) and (2).
		In section 46, paragraphs (1) and (2).
		Section 48(1).
		In Schedule 1, in paragraph 3(1), the words "in such manner as may be prescribed by rules of court".
		Schedule 2.
1956 c. 74.	Copyright Act 1956.	The whole Act.
1957 c. 6.	Ghana Independence Act 1957.	In Schedule 2, paragraph 12.
1957 c. 60.	Federation of Malaya Independence Act 1957.	In Schedule 1, paragraphs 14 and 15.
1958 c. 44.	Dramatic and Musical Performers' Protection Act 1958.	The whole Act.
1958 c. 51.	Public Records Act 1958.	Section 11.
		Schedule 3.
1960 c. 52.	Cyprus Independence Act 1960.	In the Schedule, paragraph 13.
1960 c. 55.	Nigeria Independence Act 1960.	In Schedule 2, paragraphs 12 and 13.
1961 c. 1.	Tanganyika Independence Act 1961.	In Schedule 2, paragraphs 13 and 14.
1961 c. 16.	Sierra Leone Independence Act 1961.	In Schedule 3, paragraphs 13 and 14.
1961 c. 25.	Patents and Designs (Renewals, Extensions and Fees) Act 1961.	The whole Act.
1962 c. 40.	Jamaica Independence Act 1962.	In Schedule 2, paragraph 13.
1962 c. 54.	Trinidad and Tobago Independence Act 1962.	In Schedule 2, paragraph 13.
1963 c. 53.	Performers' Protection Act 1963.	The whole Act.
1964 c. 46.	Malawi Independence Act 1964.	In Schedule 2, paragraph 13.
1964 c. 65.	Zambia Independence Act 1964.	In Schedule 1, paragraph 9.
1964 c. 86.	Malta Independence Act 1964.	In Schedule 1, paragraph 11.
1964 c. 93.	Gambia Independence Act 1964.	In Schedule 2, paragraph 12.
1966 c. 24.	Lesotho Independence Act 1966.	In the Schedule, paragraph 9.
1966 c. 37.	Barbados Independence Act 1966.	In Schedule 2, paragraph 12.
1967 c. 80.	Criminal Justice Act 1967.	In Parts I and IV of Schedule 3, the entries relating to the Registered Designs Act 1949.
1968 c. 56.	Swaziland Independence Act 1968.	In the Schedule, paragraph 9.
1968 c. 67.	Medicines Act 1968.	In section 92(2)(a), the words from "or embodied" to "film".
		Section 98.
1968 c. 68.	Design Copyright Act 1968.	The whole Act.
1971 c. 4.	Copyright (Amendment) Act 1971.	The whole Act.
1971 c. 23.	Courts Act 1971.	In Schedule 9, the entry relating to the Copyright Act 1956.
1971 c. 62.	Tribunals and Inquiries Act 1971.	In Schedule 1, paragraph 24.
1972 c. 32.	Performers' Protection Act 1972.	The whole Act.
1975 c. 24.	House of Commons Disqualification Act 1975.	In Part II of Schedule 1, the entry relating to the Performing Right Tribunal.
1975 c. 25.	Northern Ireland Assembly Disqualification Act 1975.	In Part II of Schedule 1, the entry relating to the Performing Right Tribunal.
1977 c. 37.	Patents Act 1977.	Section 14(4) and (8).
		In section 28(3), paragraph (b) and the word "and" preceding it.
		Section 28(5) to (9).
		Section 49(3).
		Sections 72(3).
		Sections 84 and 85.
		Section 88.
		Section 104.
		In section 105, the words "within the meaning of section 104 above".
		Sections 114 and 115.
		Section 123(2)(k).
		In section 130(1), the definition of "patent agent".
		In section 130(7), the words "88(6) and (7),".
		In Schedule 5, paragraphs 1 and 2, in paragraph 3 the words "and 44(1)" and "in each case", and paragraphs 7 and 8.
1979 c. 2.	Customs and Excise Management Act 1979.	In Schedule 4, the entry relating to the Copyright Act 1956.
1980 c. 21.	Competition Act 1980.	Section 14.
1981 c. 68.	Broadcasting Act 1981.	Section 20(9)(a).
1982 c. 35.	Copyright Act 1956 (Amendment) Act 1982.	The whole Act.
1983 c. 42.	Copyright (Amendment) Act 1983.	The whole Act.
1984 c. 46.	Cable and Broadcasting Act 1984.	Section 8(8).
		Section 16(4) and (5).
		Sections 22 to 24.
		Section 35(2) and (3).
		Sections 53 and 54.
		In section 56(2), the definition of "the 1956 Act".
		In Schedule 5, paragraphs 6, 7, 13 and 23.
1985 c. 21.	Films Act 1985.	Section 7(2).
1985 c. 41.	Copyright (Computer Software) Amendment Act 1985.	The whole Act.
1985 c. 61.	Administration of Justice Act 1985.	Section 60.
1986 c. 39.	Patents, Designs and Marks Act 1986.	In Schedule 2, paragraph 1(2)(a), in paragraph 1(2)(k) the words "subsection (1)(j) of section 396 and" and in paragraph 1(2)(1) the words "subsection (2)(i) of section 93".
1988 c. 1.	Income and Corporation Taxes Act 1988.	In Schedule 29, paragraph 5.