WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP IN 11/GBR/C/l 
25 March 1996 
(96-0985) 
Original: Englishl 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
United Kingdom 
The present document reproducesl the text of the Copyright, Designs and Patents Act 1988, 
as notified by the United Kingdom under Article 63.2 of the Agreement (see document IP/N/lIGBRll). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE DE 
L'ARTICLE 63:2 DE L'ACCORD 
Royaume-Uni 
Le present document contient le texte de la Loi de 1988 sur le droit d' auteur, les· dessins et 
modeles et les brevetsl, notifiee par le Royaume-Uni au titre de l'article 63:2 de l' Accord (voir le 
document IP/N/lIGBRlI). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Reino Unido 
En el presente documento se reproducel el texto de la Ley de Derecho de Autor, Dibujos y 
Modelos y Patentes, notificada por el Reino Unido en virtud de 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/lIGBRlI). 
lEnglish only/anglais seulement/en ingles solamente. IP/NIlIGBRlCI 1 
Page 2 
Copyright, Designs and Patents 
Act 1988 
Section CHAPTER 48 
ARRANGEMENT OF SECTIONS 
PART I 
COPYRIGHT 
CHAPTER I 
SUBSISTENCE, OWNERSHIP AND DURATION OF COPYRIGHT 
Introductory 
1. Copyright and copyright works. 
2. Rights subsisting in copyright works. 
Descriptions of work and related provisions 
3. Literary, dramatic and musical works. 
4. Artistic works. 
5. Sound recordings and films. 
6. Broadcasts. 
7. Cable programmes. 
8. Published editions. 
Authorship and ownership of copyright 
9. Authorship of work. 
10. Works of joint authorship. 
11. First ownership of copyright. 
Duration of copyright 
12. Duration of copyright in literary, dramatic, musical or artistic 
works. 
13. Duration of copyright in sound recordings and films. 
14. Duration of copyright in broadcasts and cable programmes. 
15. Duration of copyright in typographical arrangement of published 
editions. c.48 Copyright, Designs and Patents Act 1988 
CHAPTER II 
RIGHTS OF COPYRIGHT OWNER 
Section 
16. The acts restricted by copyright in a work. 
17. Infringement of copyright by copying. 
18. Infringement by issue of copies to the public. IP/NIlIGBRlCI 1 
Page 3 
19. Infringement by performance, showing or playing of work in 
public. 
20. Infringement by broadcasting or inclusion in a cable programme 
service. 
21. Infringement by making adaptation or act done in relation to 
adaptation. 
Secondary infringement of copyright 
22. Secondary infringement: importing infringing copy. 
23. Secondary infringement: possessing or dealing with infringing 
copy. 
24. Secondary infringement: providing means for making infringing 
copies. 
25. Secondary infringement: permitting use of premises for infringing 
performance. 
26. Secondary infringement: provision of apparatus for infringing 
performance, &c. 
Infringing copies 
27. Meaning of "infringing copy". 
CHAPTER III 
ACTS PERMITTED IN RELATION TO COPYRIGHT WORKS 
Introductory 
28. Introductory provisions. 
General 
29. Research and private study. 
30. Criticism, review and news n~por~iilg. 
31. Incidental inclusion of c::>r·y:ieht material. 
Education 
32. Things done for purposes of instruction or examination. 
33. Anthologies for educational use. 
34. Performing, playing or showing work in course of activities of 
educatiorial establishment. 
35. Recording by educational establishments of broadcasts and cable 
programmes. 
36. Reprographic copying by educational establishments of passages 
from published works. 
Libraries and archives 
37. Libraries and archives: introductory. 
38. Copying by librarians: articles in periodicals. 
39. Copying by librarians: parts of published works. IP/N/lIGBRlC/l 
Page 4 
Section Copyright. Designs and Patents Act 1988 c.48 
40. Restriction on production of multiple copies of the same material. 
41. Copying by librarians: supply of copies to other libraries. 
42. Copying by librarians or archivists: replacement copies of works. 
43. Copying by librarians or archivists: certain unpublished works. 
44. Copy of work required to be made as condition of export. 
Public administration 
45. Parliamentary and judicial proceedings. 
46. Royal Commissions and statutory inquiries. 
47. Material open to public inspection or on official register. 
48. Material communicated to the Crown in the course of public 
business. 
49. Public records. 
50. Acts done under statutory authority. 
Designs 
51. Design documents and models. 
52. Effect of exploitation of design derived from artistic work. 
53. Things done in reliance on registration of design. 
Typefaces 
54. Use of type face in ordinary course of printing. 
55. Articles for producing material in particular typeface. 
Works in electronic form 
56. Transfers of copies of works in electronic form. 
Miscellaneous: literary. dramatic. musical and artistic works 
57. Anonymous or pseudonymous works: acts permitted on 
assumptions as to expiry of copyright or death of author. 
58. Use of notes or recordings of spoken words in certain cases. 
59. Public reading or recitation. 
60. Abstracts of scientific or technical articles. 
61. Recordings of folksongs. 
62. Representation of certain artistic works on public display. 
63. Advertisement of sale of artistic work. 
64. Making of subsequent works by same artist. 
65. Reconstruction of buildings. 
Miscellaneous: sound recordings. films and computer programs 
66. Rental of sound recordings, films and computer programs. 
67. Playing of sound recordings for purposes of club, society, &c. 
Miscellaneous: broadcasts and cable programmes 
68. Incidental recording for purposes of broadcast or cable 
programme. 
69. Recording for purposes of supervision and control of broadcasts 
and cable programmes. 
70. Recording for purposes of time-shifting. 
71. Photographs of television broadcasts or cable programmes. c.48 
Section Copyright. Designs and Patents Act 1988 IP/N/1/GBRlC/l 
Page 5 
72. Free public showing or playing of broadcast or cable programme. 
73. Reception~nd re-transmission of broadcast in cable programme 
service. 
74. Provision of sub-titled copies of broadcast or cable programme. 
75. Recording for archival purposes. 
76. Adaptations. Adaptations 
CHAPTER IV 
MORAL RIGHTS 
Right to be identified as author or director 
77. Right to be identified as author or director. 
78. Requirement that right be asserted. 
79. Exceptions to right. 
Right to object to derogatory treatment of work 
80. Right to object to derogatory treatment of work. 
81. Exceptions to right. 
82. Qualificatiun of right in certain cases. 
83. Infringeml.!nt of right by possessing or dealing with infringing 
article. 
False attribution of work 
84. False attribution of work. 
Right 10 privacy of certain photographs andfilms 
85. PJght to privacy of certllin photographs and films. 
Supplementary 
86. Duration of rights. 
87. Consent and waiver of rights. 
88. Application of provisions to joint works. 
89. Application of provisions to parts of works. 
CHAPTER V 
DEALINGS WITH RIGHTS IN COPYRIGHT WORKS 
Copyright 
90. Assignment and licences. 
91. Prospective ownership of copyright. 
92. Exclusive" licences. 
93. Copyright to pass under will with unpublished work. 
M oral rights 
94. Moral rights not assignable. 
95. Transmission of moral rights on death. IP/N/1/GBRlC/1 
Page 6 
Section 
96. Copyright. Designs and Patents Act 1988 
CHAPTER VI 
REMEDIES FOR INFRINGEMENT 
Rights and remedies of copyright owner 
Infringement actionable by copyright owner. 
Provisions as to damages in infringement action. c.48 
97. 
98. 
99. Undertaking to take licence of right in infringement proceedings. 
Order for delivery up. 
100. Right to seize infringing copies and other articles. 
Rights and remedies of exclusive licensee 
101. Rights and remedies for exclusive licensee. 
102. Exercise of concurrent rights. 
Remedies for infringement of moral rights 
103. Remedies for infringement of moral rights. 
Presumptions 
104. Presumptions relevant to literary, dramatic, musical and artistic 
works. 
105. Presumptions relevant to sound recordings, films and computer 
programs. 
106. Presumptions relevant to works subject to Crown copyright. 
Offences 
107. Criminal liability for making or dealing with infringing articles, 
&c. 
108. Order for delivery up in criminal proceedings. 
109. Search warrants. 
110. Offence by body corporate: liability of officers. 
Provision for preventing importation of infringing copies 
111. Infringing copies may be treated as prohibited goods. 
112. Power of Commissioners of Customs and Excise to make 
regulations. 
Supplementary 
113. Period after which remedy of delivery up not available. 
114. Order as to disposal of infringing copy or other article. 
115. Jurisdiction of county court and sheriff court. 
CHAPTER VII 
COPYRIGHT LICENSING 
Licensing schemes and licensing bodies 
116. Licensing schemes and licensing bodies. 
References and applications with respect to licensing schemes 
117. Licensing schemes to which ss. 118 to 123 apply. 
118. Reference of proposed licensing scheme to tribunal. c. 48 Copyright, Designs and Patents Act 1988 
Section 
119. Reference of licensing scheme to tribunal. 
120. Further reference of scheme to tribunal. IP/N/lIGBRlC/l 
Page 7 
121. Application for gra~1t of licence in connection with licensing 
scheme. 
122. Application for review of order as to entitlement to licence. 
123. Effect of order of tribunal as to licensing scheme. 
References and applications with respect to licensing by licensing bodies 
124. Licences to which ss. 125 to 128 apply. 
125. Reference to tribunal of proposed licence. 
126. Reference to tribunal of expiring licence. 
127. Application for review of order as to licence. 
128. Effect of order of tribunal as to licence. 
Factors to be taken into account in certain classes of case 
129. General considerations: unreasonable discrimination. 
130. Licences for reprographic copying. 
131. Licences for educational establishments in respect of works 
included in broadcasts or cable programmes. 
132. Licences to reflect conditions imposed by promoters of events. 
133. Licences to reflect p~yments in respect of underlying rights. 
134. Licences in respc.ct of works included in re-transmissions. 
135. Mention of specific matters not to exclude other relevant 
considerations. 
Implied indemnity in schemes or licences for reprographic copying 
136. Implied indemnity in certain schemes and licences for 
reprographic copying. 
Reprographic copying by educational establishments 
137. Power to extend coverage of scheme or licence. 
138. Variation or discharge of order extending scheme or licence. 
139. Appeals against orders. 
140. Inquiry whether new scheme or general licence required. 
141. Statutory licence where recommendation not implemented. 
Royalty or other sum payable for rental of certain works 
142. Royalty or other sum payable for rental of sound recording, film 
or computer program. 
Certification of licensing schemes 
143. Certification of licensing schemes. 
Powers exercisable in consequence of competition report 
144. Powers exercisable in consequence of report of Monopolies and 
Mergers Commission. IP/N/lIGBRlC/l 
Page 8 
Section Copyright, Designs and Patents Act 1988 
CHAPTER VIII 
THE COPYRIGHT TRIBUNAL 
The tribunal 
145. The Copyright Tribunal. 
146. Membership of the tribunal. 
147. Financial provisions. 
148. Constitution for purposes of proceedings. 
Jurisdiction and procedure 
149. Jurisdiction of the tribunal. 
150. General power to make rules. 
151. Costs, proof of orders, &c. 
Appeals 
152. Appeal to the court on point of law. 
CHAPTER IX 
QUALIFICA TION FOR AND EXTENT OF COPYRIGHT PROTECTION 
Qualification for copyright protection 
153. Qualification for copyright protection. 
154. Qualification by reference to author. 
155. Qualification by reference to country of first publication. 
156. Qualification by reference to place of transmission. 
Extent and application of this Part 
157. Countries to which this Part extends. 
158. Countries ceasing to be colonies. c.48 
159. Application of this Part to countries to which it does not extend. 
160. Denial of copyright protection to citizens of countries not giving 
adequate protection to British works. 
Supplemen tary 
161. Territorial waters and the continental shelf. 
162. British ships, aircraft and hovercraft. 
CHAPTER X 
MISCELLANEOUS AND GENERAL 
Crown and Parliamentary copyright 
163. Crown copyright. 
164. Copyright in Acts and Measures. 
165. Parliamentary copyright. 
166. Copyright in Parliamentary Bills. 
167. Houses of Parliament: supplementary provisions with respect to 
copyright. 
Other miscellaneous provisions 
168. Copyright vesting in certain international organisations. c.48 Copyright, Designs and Patents Act 1988 
Section 
169. Folklore, &c.: anonymous unpublished works. 
Transitional provisions and savings 
170. Transitional provisions and savings. IP/NIlIGBRlCI 1 
Page 9 
171. Rights and privileges under other ecactments or the common law. 
Interpretation 
172. General provisions as to construction. 
173. Construction of references to copyright owner. 
174. Meaning of "educational establishment" and related expressions. 
175. Meaning of publication and commercial publication. 
176. Requirement of signature: application in relation to body 
corporate. 
177. Adaptation of expressions for Scotland. 
178. Minor definitions. 
179. Index of defined expressions. 
PART II 
RIGHTS IN PERFORMANCES 
Introductory 
180. Rights conferred on performers and persons having recording 
rights. 
Performers' rights 
181. Qualifying performances. 
182. Consent required for recording or live transmission of 
performance. 
183. Infringement of performer's rights by use of recording made 
without consent. 
184. Infringement of performer's rights by importing, possessing or 
dealing with illicit recording. 
Rights of person having recording rights 
185. Exclusive recording contracts and persons having recording 
rights. 
186. Consent required for recording of performance subject to 
exclusive contract. 
187. Infringement of recording rights by use of recording made without 
consent. 
188. Infringement of recording rights by importing, possessing or 
dealing with illicit recording. 
Exceptions to rights conferred 
189. Acts permitted notwithstanding rights conferred by this Part. 
190. Power of tribunal to give consent on behalf of performer in certain 
cases. 
Duration and transmission of rights; consent 
191. Duration of rights. IP/N/lIGBRlC/1 
Page 10 
Section Copyright, Designs and Patents Act 1988 c.48 
192. Transmission of rights. 
193. Consent. 
Remedies for infringement 
194. Infringement actionable as breach of statutory duty. 
195. Order for delivery up. 
196. Right to seize illicit recordings. 
197. Meaning of ··illicit recording". 
Offences 
198. Criminal liability for making, dealing with or using illicit 
recordings. 
199. Order for delivery up in criminal proceedings. 
200. Search warrants. 
201. False representation of authority to give consent. 
202. Offence by body corporate: liability of officers. 
Supplementary provisions with respect to delivery up and seizure 
203. Period after which remedy of delivery up not available. 
204. Order as to disposal of illicit recording. 
205. Jurisdiction of county court and sheriff court. 
Qualification for protection and extent 
206. Qualifying countries, individuals and persons. 
207. Countries to which this Part extends. 
208. Countries enjoying reciprocal protection. 
209. Territorial waters and the continental shelf. 
210. British ships, aircraft and hovercraft. 
Interpretation 
211. Expressions having same meaning as in copyright provisions. 
212. Index of defined expressions. 
PART III 
DESIGN RIGHT 
CHAPTER I 
DESIGN RIGHT IN ORIGINAL DESIGNS 
Introductory 
213. Design right. 
214. The designer. 
215. Ownership of design right. 
216. Duration of design right. 
Qualification for design right protection 
217. Qualifying individuals and qualifying persons. 
218. Qualification by reference to designer. 
219. Qualification by reference to commissioner or employer. 
220. Qualification by reference to first marketing. c. 48 Copyright. Designs and Patents Act 1988 
Section IP/NIlIGBRlCI 1 
Page 11 
221. Power to make further provision as to qualification. 
Dealings with design right 
222. Assignment and licences. 
223. Prospective ownership of design right. 
224. Assignment of right in registered design presum~d to carry with it 
design right. 
225. Exclusive licences. 
CHAPTER II 
FlIGHTS OF D~IGN RIGHT OWNER AND REMEDIES 
Infringement of design right 
226. Primary infring~ment of design right. 
227. Secondary infringement: importing or dealing with infringing 
article. 
228. Meaning of "infringing article". 
Remedies for infringement 
229. Rights and remedies of design right owner. 
230. Order for delivery up. 
231. Order as to disposal of infringing articles, &c. 
232. Jurisdiction of county court and sheriff court. 
233. Innocent infringement. 
234. Rights and remedies of exclusive licensee. 
235. Exercise of concurrent rights. 
CHAPTER III 
EXCEPTIONS TO RIGHTS OF DESIGN RIGHT OWNERS 
Infringement of copyright 
236. Infringement of copyright. 
Availability of licences of right 
237. Licences available in last five years of design right. 
238. Powers exercisable for protection of the public interest. 
239. Undertaking to take licence of right in infringement proceedings. 
Crown use of designs 
240. Crown use of designs. 
241. Settlement of terms for Crown use. 
242. Rights of third parties in case of Crown use. 
243. Crown use: compensation for loss of profit. 
244. Special provision for Crown use during emergency. 
General 
245. Power to provide for further exceptions. IP/N/lIGBRlC/1 
Page 12 
Section 
246. 
247. 
248. 
249. 
250. 
251. 
252. Copyright. Designs and Patents Act 1988 
CHAPTER IV 
J URISDlCTION OF THE COMPTROLLER AND THE COURT 
Jurisdiction of the comptroller 
Jurisdiction to decide matters relating to design right. 
Application to settle terms of licence of right. 
Settlement of terms where design right owner unknown. 
Appeals as to terms of licence of right. 
Rules. 
Jurisdiction of the court 
References and appeals on design right matters. 
Reference of disputes relating to Crown use. 
CHAPTER V 
MISCELLANEOUS AND GENERAL 
Miscellaneous 
253. Remedy for groundless threats of infringement proceedings. c.48 
254. Licensee under licence of right not to claim connection with design 
right owner. 
Extent of operation of this Part 
255. Countries to which this Part extends. 
256. Countries enjoying reciprocal protection. 
257. Territorial waters and the continental shelf. 
Interpretation 
258. Construction of references to design right owner. 
259. Joint designs. 
260. Application of provisions to articles in kit form. 
261. Requirement of signature: application in relation to body 
corporate. 
262. Adaptation of expressions in relation to Scotland. 
263. Minor definitions. 
264. Index of defined expressions. 
PART IV 
REGISTERED DESIGNS 
Amendments of the Registered Designs Act 1949 
265. Registrable designs. 
266. Provisions with respect to certain designs registered in pursuance 
of application made before commencement. 
267. Authorship and first ownership of designs. 
268. Right given by registration of design. 
269. Duration of right in registered design. 
270. Powers exercisable for protection of the pubiic interest. 
271. Crown use: compensation for loss of profit. 
272. Minor and consequential amendments. c.48 Copyright, Designs and Patents Act /988 
Supplementary 
Section 
273. Text of Registered Designs Act 1949 as amended. 
PART V IP/NI1/GBRlCI 1 
Page 13 
PATENT AGENTS AND TRADE MARK AGENTS 
Patent agents 
274. Persons permitted to carry on business of a patent agent. 
275. The register of patent agents. 
276. Persons entitled to describe themselves as patent agents. 
277. Persons entitled to describe themselves as European patent 
attorneys, &c. 
278. Use of the tenn "patent attorney": supplementary provisions. 
279. Power to prescribe conditions, &c. for mixed partnerships and 
bodies corporate. 
280. Privilege for communications with patent agents. 
1.81. Power of comptroller to refuse to deal with certain agents. 
Trade mark agents 
282. The register of trade mark agents. 
283. Unregiste!"ed peI50ns not to be described as registered trade mark 
agents. 
284. Privilege for communications with registered trade mark agents. 
Supplementary 
285. Offences committed by partnerships and bodies corporate. 
286. Interpretation. 
PART VI 
PATENTS 
Patents county courts 
287. Patents county courts: special jurisdiction. 
288. Financial limits in relation to proceedings within special 
jurisdiction of patents county court. 
289. Transfer of proceedings between High Court and patents county 
court. 
290. Limitation of costs where pecuniary claim could have been 
brought in patents county court. 
291. Proceedings in patents county court. 
292. Rights and duties of registered patent agents in relation to 
proceedings in patents county court. 
Licences of right in respect of certain patents 
293. Restriction of acts authorist!d by certain licences. 
294. When application may be made for settlement of tenns of licence. 
Patents: miscellaneous amendments 
295. Patents: miscellaneous amendments. IP/NIlIGBRlC/1 
Page 14 
Section Copyright, Designs and Patents Act 1988 
PART VII 
MISCELLANEOUS AND GENERAL 
Devices designed to circumvent copy-protection 
296 .. Devices designed to circumvent copy-protection. 
Fraudulent reception of transmissions 
297. Offence of fraudulently receiving programmes. c.48 
298. Rights and remedies in respect of apparatus, &c. for unauthorised 
reception of transmissions. 
299. Supplementary provisions as to fraudulent reception. 
Fraudulent application or use of trade mark 
300. Fraudulent application or use of trade mark an offence. 
Provisions for the benefit of the Hospital for Sick Children 
301. Provisions for the benefit of the Hospital for Sick Children. 
Financial assistance for certain international bodies 
302. Financial assistance for certain international bodies. 
General 
303. Consequential amendments and repeals. 
304. Extent. 
305. Commencement. 
306. Short title. 
SCHEDULES: 
Schedule 1--Copyright: transitional provisions and savings. 
Schedule 2-Rights in performances: permitted acts. 
Schedule 3-Registered designs: minor and consequential 
amendments of 1949 Act. 
Schedule 4-The Registered Designs Act 1949 as amended. 
Schedule 5-Patents: miscellaneous amendments. 
Schedule 6--Provisions for the benefit of the Hospital for Sick 
Children. 
Schedule 7-Consequential amendments: general. 
Schedule 8-Repeals. ELIZABETH 11 IP/NIlIGBRlCI 1 
Page 15 
c.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 anlend 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] 
BElT 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 
1.-(1) Copyright is a property right which subsists in accordance with Copyright and 
this Part in the following descriptions of work- copyright works. 
(a) original literary, dramatic, musical or artistic works, IP/N/1/GBRlC/I 
Page 16 
c. 48 Copyright, Designs and Patents Act 1988 
PART I (b) sound recordings, films, broadcasts or cable programmes, and 
(c) the typographical arrangement of published editions. 
Rights subsisting 
in copyright 
works. 
Literary. dramatic 
and musical 
works. 
Artistic works. (2) In this Part "copyright work" means a work of any of those 
descriptions in which copyright subsists. 
(3) Copyright does not subsi~t in a work unless the requirements of this 
Part with respect to qualification for copyright protection are met (see 
section 153 and the provisions referred to there). 
2.-{1) The owner of the copyright in a work of any description has the 
exclusive right to do the acts specified in Chapter II as the acts restricted 
by the copyright in a work of that description. 
(2) In relation to certain descriptions of copyright work the following 
rights conferred by Chapter IV (moral rights) subsist in favour of the 
author, director or commissioner of the work, whether or not he is the 
owner of the copyright-
(a) section 77 (right to be identified as author or director), 
(b) section 80 (right to object to derogatory treatment of work), and 
(c) section 85 (right to privacy of certain photographs and films). 
Descriptions of work and related provisions 
3.-(1) In this Part-
"literary work" means any work, other than a dramatic or musical 
work, which is written, spoken or sung, and accordingly 
includes-
(a) a table or compilation, and 
(b) a computer program; 
"dramatic work" includes a work of dance or mime; and 
"musical work" means a work consisting of music, exclusive of any 
words or action intended to be sung, spoken or performed with 
the music. 
(2) Copyright does not subsist in a literary, dramatic or musical work 
unless and until it is recorded, in writing or otherwise; and references in 
this Part to the time at which such a work is made are to the time at which 
it is so recorded. 
(3) It is immaterial for the purposes of subsection (2) whether the work 
is recorded by or with the permission of the author; and where it is not 
recorded by the author, nothing in that subsection affects the question 
whether copyright subsists in the record as distinct from the work 
recorded. 
4.-{1) In this Part "artistic work" means-
(a) a graphic work, photograph, sculpture or collage, irrespective of 
artistic quality, 
(b) a work of architecture being a building or a model for a building, 
or 
(c) a work of artistic craftsmanship. IP/N/1/GBRlC/1 
Page 17 
Copyright, Designs and Patents Act 1988 c.48 
(2) In this Part-
"building" includes any fixed structure, and a part of a building or 
fixed structure; 
"graphic work" includes-
(a) any painting, drawing, diagram, map, chart or plan, 
and 
(b) any engraving, etching, lithograph, woodcut or similar 
work; 
"photograph" means a recording of light or other radiation on any 
medium on which an image is produced or from which an image 
may by any means be produced, and which is not part of a film; 
"sculpture" includes a cast or model made for purposes of sculpture. 
5.-(1) In this Part-
"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. 
(2) Copyright does not subsist in a sound recording or film which is, or 
to the extent that it is, a copy taken from a previous sound recording or 
film. PART I 
Sound recordings 
and films. 
6.-(1) In this Part a "broadcast" means a transmission by wireless Broadcasts. 
telegraphy of visual images, sounds or other information which-
(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. 
(2) An encrypted'transmission shall be regarded as capable of being 
lawfully received by members of the public only if decoding equipment 
has been made available to members of the public by or with the authority 
of the person making the transmission or the person providing the 
contents of the transmission. 
(3) References in this Part to the person making a broadcast, 
broadcasting a work, or including a work in a broadcast are-
(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. IP/N/lIGBRlC/1 
Page 18 
PART I 
Cable 
programmes. c.48 Copyright, Designs and Patents Act 1988 
(4) For the purposes of this Part the place from which a broadcast is 
made is, in the case of a satellite transmission, the place from which the 
signals carrying the broadcast are transmitted to the satellite. 
(5) References in this Part to the reception of a broadcast include 
reception of a broadcast relayed by means of a telecommunications 
system. 
(6) Copyright does not subsist in a broadcast which infringes, or to the 
extent that it infringes, the copyright in another broadcast or in a cable 
programme. 
7.-{1) In this Part-
"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 
differen t llsers), 1..1r 
(b) for presentation to members of the public, 
and which is Poot, or so far as it is not, excepted by or under the 
following provisions of this section. 
(2) The following are excepted from the definition of "cable 
programme service"-
(a) a service or part ofa service of which it is an essential feature that 
while visual images, sounds or other information are being 
conveyed by the person providing the service there will or may 
be sent from each place of reception, by means of the same 
system or (as the case may be) the same part of it, information 
(other than signals sent for the operation or control of the 
service) for reception by the person providing the service or 
other persons receiving it; 
(b) a service run for the purposes of a business where-
(i) no person except the person carrying on the business is 
concerned in the control of the apparatus comprised in the 
system, 
(ii) the visual images, sounds or other information are 
conveyed by the system solely for purposes internal to the 
running of the business and not by way of rendering a service 
or providing amenities for others, and 
(iii) the system is not connected to any other 
telecommunications system; 
(c) a service run by a single individual where-
(i) an the apparatus comprised in the system is under his 
control, 
(ii) the visual images, sounds or other information 
conveyed by the system are conveyed solely for domestic 
purposes of his, and IP/NIl/GBRlCI 1 
Page 19 
Copyright, Designs and Patents Act 1988 c.48 
(iii) the system is not connected to any other 
telecommunications system; 
(d) services where-
(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; 
(e) services which are, or to the extent that they are, run for persons 
providing broadcasting or cable programme services or 
providing programmes for such services. 
(3) The Secretary of State may by order amend subsection (2) so as to 
add or remove exceptions, subject to such transitional provision as 
appears to him to be appropriate. 
(4) An order shall be made by statutory instrument; and no order shall 
be made unless a draft of it has been laid before and approved by 
resolution of each House of Parliament. 
(5) References in this Part to the inclusion of a cable programme or 
work in a cable programme service are to its transmission as part of the 
service; and references to the person including it are to the person 
providing the service. 
(6) Copyright does not subsist in a cable programme-
(a) if it is included in a cable programme service by reception and 
immediate re-transmission of a broadcast, or 
(b) if it infringes, or to the extent that it infringes, the copyright in 
another cable programme or in a broadcast. PART I 
8.-{1) In this Part "published edition", in the context of copyright in Published editions. 
the typographical arrangement of a published edition, means a published 
edition of the whole or any part of one or more literary, dramatic or 
musical works. 
(2) Copyright does not subsist in the typographical arrangement of a 
published edition if, or to the extent that, it reproduces the typographical 
arrangement of a previous edition. 
Authorship and ownership of copyright 
9.-{ 1) In this Part "author", in relation to a work, means the person Authorship of 
who creates it. work. 
(2) That person shall be taken to be-
(a) in the case of a sound recording or film, the person by whom the 
arrangements necessary for the making of the recording or film 
are undertaken; 
(b) in the case of a broadcast, the person making the broadcast (see 
section 6(3») or, in the case of a broadcast which relays another 
broadcast by reception and immediate re-transmission, the 
person making that other broadcast; 
(c) in the case of a cable programme, the person providing the cable 
programme service in which the programme is included; IP/NIlIGBRlCI 1 
Page 20 
c. 48 Copyright, Designs and Patents Act 1988 
PART I (d) in the case of the typographical arrangement of a published 
Works of joint 
authorship. 
First ownership of 
copyright. 
Duration of 
copyright in 
literary. dramatic, 
musical or artistic 
works. edition, the publisher. 
(3) In the case of a literary, dramatic, musical or artistic work which is 
computer-generated, the author shall be taken to be the person by whom 
the arrangements necessary for the creation of the work are undertaken. 
(4) For the purposes of this Part a work is of "unknown authorship" 
if the identity of the author is unknown or, in the case of a work of joint 
authorship, if the identity of none of the authors is known. 
(5) For the purposes of this Part the identity Df an author shall be 
regarded as unknown if it is not possible for a person to ascertain his 
identity by reasonable inquiry; but if his identity is once known it shall 
not subsequently be regarded as unknown. 
10.-(1) In this Part a "work of joint authorship" means a work 
produced by the collaboration of two or more authors in which the 
contribution of each author is not distinct from that of the other author 
or authors. 
(2) A broadcast shall be treated as a work of joint authorship in any 
case where more than one person is to be taken as making the broadcast 
(see section 6(3»). 
(3) References in this Part to the author of a work shall, except as 
otherwise provided, be construed in rdation to a work ofjoint authorship 
as references to all the authors of the work. 
11.-{I) The author ofa work is the first owner of any copyright in it, 
subject to the following provisions. 
(2) Where a literary, dramatic, musical or artistic work is made by an 
employee in the course of his employment, his employer is the first owner 
of any copyright in the work suhject to any agreement to the contrary. 
(3) This section does not apply to Crown copyright or Parliamentary 
copyright (see sections 163 and 165) or to copyright which subsists by 
virtue of section 168 (copyright of certain international organisation~). 
Duration of copyright 
12.-(1) Copyright in a literary, dramatic, musical or artistic work 
expires at the end of the period of 50 years from the end of the calendar 
year in which the author dies, subject to the following provisions of this 
section. 
(2) If the work is of unknown authorship, copyright expires at the end 
of the period of 50 years from the end of the calendar year in which it is 
first made available to the public; and subsection (1) does not apply if the 
identity of the author becomes known after the end of that period. 
For this purpose making available to tht! public includes­
(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, IP/N/lIGBRlC/1 
Page 21 
Copyright, Designs and Patents Act 1988 c.48 
(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. 
(3) If the work is computer-generated neither of the above provisions 
applies and copyright expires at the end of the period of 50 years from the 
end of the calendar year in which the work was made. 
(4) In relation to a work of joint authorship-
(a) the reference in subsection (1) to the death of the author shall be 
construed-
(i) if the identity of all the authors is known, as a reference 
to the death of the last of them to die, and 
(ii) if the identity of one or more of the authors is known 
and the identity of one or more others is not, as a reference to 
the death of the last of the authors whose identity is known; 
and 
(b) the reference in subsection (2) to the identity of the author 
becoming known shall be construed as a reference to the 
identity of any of the authors becoming known. 
(5) This section does not apply to Crown copyright or Parliamentary 
copyright (see sections 163 to 166) or to copyright which subsists by virtue 
of section 168 (copyright of certain international organisations). 
13.-(1) Copyright in a sound recording or film expires-
(a) at the end of the period of 50 years from the end of the calendar 
year in which it is made, or 
(b) if it is released before the end of that period, 50 years from the 
end of the calendar year in which it is released. 
(2) A sound recording or film is "released" when-
(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. PART I 
Duration of 
copyright in 
sound recordings 
and films. 
14.-(1) Copyright in a broadcast or cable programme expires at the Duration of 
end of the period of 50 years from the end of the calendar year in which copyright in 
the broadcast was made or the programme was included in a cable broadcasts and 
programme service. cable 
(2) Copyright in a repeat broadcast or cable programme expires at the 
same time as the copyright in the original broadcast or cable programme; 
and accordingly no copyright arises in respect of a repeat broadcast or 
cable programme which is broadcast or included in a cable programme 
service after the expiry of the copyright in the original broadcast or ca ble 
programme. programmes. IP/NIlIGBRlCI 1 
Page 22 
PART I 
Duration of 
copyright in 
typographical 
arrangement of 
published editions. 
The acts restricted 
by copyright in a 
work. 
Infringement of 
copyright by 
copying. c.48 Copyright, Designs and Patents Act 1988 
(3) A repeat broadcast or cable programme means one which is a 
repeat either of a broadcast previously made or of a cable programme 
previously included in a cable programme service. 
15. Copyright in the typographical arrangement of a published edition 
expires at the end of the period of 25 years from the end of the calendar 
year in which the edition was first published. 
CHAPTER 11 
RIGHTS OF COPYRIGHT OWNER 
The acts restricted by copyright 
16.-{1) The owner of the copyright in a work has, in accordance with 
the following provisions of this Chapter, the exclusive right to do the 
following acts in the United Kingdom-
(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" . 
(2) Copyright in a work is infringed by a person who without the 
licence of the copyright owner does, or authorises another to do, any of 
the acts restricted by the copyright. 
(3) References in this Part to the doing of an act restricted by the 
copyright in a work are to the doing of it-
(a) in relation to the work as a whole or any substantial part of it, 
and 
(b) either directly or indirectly; 
and it is immaterial whether any intervening acts themselves infringe 
copyright. 
(4) This Chapter has effect subject to-
(a) the provisions of Chapter III (acts permitted in relation to 
copyright works), and 
(b) the provisions of Chapter VII (provisions with respect to 
copyright licensing). 
17.-(1) The copying of the work is an act restricted by the copyright 
in every description of copyright work; and references in this Part to 
copying and copies shall be construed as follows. 
(2) Copying in relation to a literary, dramatic, musical or artistic work 
means reproducing the work in any material form. 
This includes storing the work in any medium by electronic means. IP/NI lIGBRlCI 1 
Page 23 
Copyright. Designs and Patents Act 1988 c.48 
(3) In relation to an artistic w0rk copying includes the making of a 
copy in three dimensions of a two-dimensional work and the making of a 
copy in two dimensions of a three-dimensional work. 
(4) Copying in relation to a film, television broadcast or cable 
programme includes making a photograph of the whole or any 
substantial part of any image forming part of the film, broadcast or cable 
programme. 
(5) Copying in relation to the typographical arrangement of a 
published edition means making a facsimile copy of the arrangement. 
(6) Copying in relation to any description of work includes the making 
of copies which are transient or are incidental to some other use of the 
work. PART I 
18.-(1) The issue to the public of copies of the work is an act restricted Infringement by 
by the copyright in every description of copyright work. issue of copies to 
the public. 
(2) References in this Part to the issue to the public of copies of a work 
are to the act of putting into circulation copies not previously put into 
circulation, in the United Kingdom or elsewhere, and not to--
(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. 
19.-(1) The performance of the work in public is an act restricted by Infringement by 
the copyright in a literary, dramatic or musical work. performance. 
showing or 
(2) In this Part "performance", in relation to a work- playing of work in 
public. (a) includes delivery in the case of lectures, addresses, speeches and 
sermons, and 
(b) in general, includes any mode of visual or acoustic presentation, 
including presentation by means of a sound recording, film, 
broadcast or cable programme of the work. 
(3) The playing or showing of the work in public is an act restricted by 
the copyright in a sound recording, film, broadcast or cable programme. 
(4) Where copyright in a work is infringed by its being performed, 
played or shown in public by means of apparatus for receiving visual 
images or sounds conveyed by electronic means, the person by whom the 
visual images or sounds are sent, and in the case of a performance the 
performers, shall not be regarded as responsible for the infringement. 
20. The'broadcasting of the work or its inclusion in a cable programme Infringement by 
service is an act restricted by the copyright in- broadcasting or 
inclusion in a 
cable programme 
service. (a) a literary, dramatic, musical or artistic work, 
(b) a sound recording or film, or 
(c) a broadcast or cable programme. IP/NIlIGBRlCI 1 
Page 24 
PART I 
Infringement by 
making 
adaptation or act 
done in relation to 
adaptation. 
Secondary 
infringel1ent: 
importing 
infringing copy. 
Secondary 
infringement: 
possessing or 
dealing with 
infringing copy. 
Secondary 
infringement: 
providing means 
for making 
infringing copies. c.48 Copyright, Designs and Patents Act 1988 
21.-( 1) The making of an adaptation of the work is an act restricted 
by the copyright in a literary, dramatic or musical work. 
For this purpose an adaptation is made when it is recorded, in writing 
or otherwise. 
(2) The doing of any of the acts specified in sections 17 to 20, or 
subsection (1) above, in relation to an adaptation of the work is also an 
act restricted by the copyright in a literary, dramatic or musical work. 
For this purpose it is immaterial whether the adaptation has been 
recorded, in writing or otherwise, at the time the act is done. 
(3) In this Part "adaptation"-
(a) in relation to a literary or dramatic work, means­
(i) a translation of the work; 
(ii) a version of a dramatic work in which it is converted 
into a non-dramatic work or, as the case may be, of a non­
dramatic work in which it is converted into a dramatic work; 
(iii) a version of the work in which the story or action is 
conveyed wholly or mainly by means of pictures in a form 
suitable for reproduction in a book, or in a newspaper, 
magazine or similar periodical; 
(b) in relation to a musical work, means an arrangement or 
transcription of the work. 
(4) In relation to a computer program a "translation" includes a 
version of the program in which it is converted into or out of a computer 
language or code or into a different computer language or code, otherwise 
than incidentally in the course of running the program. 
(5) No inference shall be drawn from this section as to what does or 
does not amount to copying a work. 
Secondary infringement of copyright 
22. The copyright in a work is infringed by a person who, without the 
licence of the copyright owner, imports into the United Kingdom, 
otherwise than for his private and domestic use, an article which is, and 
which he knows or has reason to believe is, an infringing copy of the work. 
23. The copyright in a work is infringed by a person who, without the 
licence of the copyright owner--
(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. 
24.-(1) Copyright in a work is infringed by a person who, without the 
licence of the copyright owner-
(a) makes, 
(b) imports into the United Kingdom, IP/N/1/GBRlC/l ' 
Page 25 
Copyright. Designs and Patents Act 1988 c.48 
(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. 
(2) Copyright in a work is infringed by a person who without the licence 
of the copyright owner transmits the work by means of a 
telecommunications system (otherwise than by broadcasting or inclusion 
in a cable programme service), knowing or having reason to believe that 
infringing copies of the work will be made by means of the reception of 
the transmission in the United Kingdom or elsewhere. 
25.-(1) Where the copyright in a literary, dramatic or musical work is 
infringed by a performance at a place of public entertainment, any person 
who gave permission for that place to be used for the performance is also 
liable for the infringement unless when he gave permission he believed on 
reasonable grounds that the performance would not infringe copyright. 
(2) In this section "place of public entertainment" includes premises 
which are occupied mainly for other purposes but are from time to time 
made available for hire for the purposes of public entertainment. 
26.-(1) Where copyright in a work is infringed by a public 
performance of the work, or by the playing or showing of the work in 
public, by means of apparatus for-
(a) playing sound recordings, 
Cb) showing films, or 
(c) receiving visual images or sounds conveyed by electronic means, 
the following persons are also liable for the infringement. 
(2) A person who supplied the apparatus, or any substantial part of it, 
is liable for the infringement if when he supplied the apparatus or part-
(a) he knew or had reason to believe that the apparatus was likely to 
be so used as to infringe copyright, or 
(b) in the case of apparatus whose normal use involves a public 
performance, playing or showing, he did not believe on 
reasonable grounds that it would not be so used as to infringe 
copyright. 
(3) An occupier of premises who gave permission for the apparatus to 
be brought onto the premises is liable for the infringement if when he gave 
permission he knew or had reason to believe that the apparatus was likely 
to be so used as to infringe copyright. 
(4) A person who supplied a copy of a sound recording or film used to 
infringe copyright is liable for the infringement if when he supplied it he 
knew or had reason to believe that what he supplied, or a copy made 
directly or indirectly from it, was likely to be so used as to infringe 
copyright. 
Infringing copies 
27.-(1) In this Part "infringing copy", in relation to a copyright work, 
shall be construed in accordance with this section. PART I 
Secondary 
infringement: 
permitting use of 
premises for 
infringing 
performance. 
Secondary 
infringement: 
provision of 
apparatus for 
infringing 
performance, &c. 
Meaning of 
"infringing copy". IP/NIlIGBRlCI 1 
Page 26 
PART I 
1972 c. 68. 
Introductory 
provisions. c.48 Copyright, Designs and Patents <Act 1988 
(2) An article is an infringing copy if its making constituted an 
infringement of the copyright in the work in question. 
(3) An article is also an infringing copy if-
(a) it has been or is proposed to be imported into the United 
Kingc om, and 
(b) its making in the 'iJnited Kingdom would have constituted an 
infringement of the copyright in the work in question, or a 
breach of an exclusive licence agreement relating to that work. 
(4) Where in any proceedings the question arises whether an article is 
an infringing copy and it is shown-
(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 pro'ved that the article was made 
at a time when copyright subsisted in the work. 
(5) Nothing in subsection (3) shall be construed as applying to an 
article which may lawfully be imported into the United Kingdom by 
virtue of any enforceable Community right within the meaning of section 
2(1) of the European Communities Act 1972. 
(6) In this Part "infringing copy" includes a copy falling to be treated 
as an infringing copy by virtue of any of the following provisions-
sectiop. 32(5) (copies made for purposes of instruction or 
examination), 
section 35(3) (recordings made by educational establishments for 
educational purposes), 
section 36(5) (reprographic copying by educational establishments 
for purposes of instruction), 
section 37(3)(b) (copies made by librarian or archivistin reliance on 
false declaration), 
section 56(2) (further copies, adaptations, &c. of work in electronic 
form retained on transfer of principal copy), 
section 63(2) (copies made for purpose of advertising artistic work 
for sale), 
section 68(4) (copies made for purpose of broadcast or cable 
programme), or 
any provision of an order under section 141 (statutory licence for 
certain reprographic copying by educational establishments). 
CHAPTER III 
ACTS PERMIITED IN RELATION TO COPYRIGHT WORKS 
Introductory 
28.-{1) The provisions of this Chapter specify acts which may be done 
in relation to copyright works notwithstanding the subsistence of 
copyright~ they relate only to the question of infringement of copyright 
and do not affect any other right or obligation restricting the doing of any 
of the specified acts. IP/N/1/GBRlC/1 
Page 27 
Copyright. Designs and Patents Act 1988 c.48 
(2) Where it is provided by this Chapter that an act does not infringe 
copyright, or may be done without infringing copyright, and no 
particular description of copyright work is mentioned, the act in question 
does not infringe the copyright in a work of any description. 
(3) No inference shall be drawn from the description of any act which 
may by virtue of this Chapter be done without infringing copyright as to 
the scope of the acts restricted by the copyright in any description of 
work. 
(4) The provisions of this Chapter are to be construed independently 
of each other, so that the fact that an act does not fall within one provision 
does not mean that it is not covered by another provision. 
General PART I 
29.-{1) Fair dealing with a literary, dramatic, musical or artistic work Research and 
for the purposes of research or private study does not infringe any private study. 
copyright in the work or, in the case of a published edition, in the 
typographical arrangement. 
(2) Fair dealing with the typographical arrangement of a published 
edition for the purposes mentioned in subsection (1) does not infringe any 
copyright in the arrangement. 
(3) Copying by a person other than the researcher or student himself is 
not fair dealing if-
(a) in the case of a librarian, or a person acting on behalf of a 
librarian, he does anything which regulations under section 40 
would not permit to be done under section 38 or 39 (articles or 
parts of published works: restriction on mUltiple copies of same 
material), or 
(b) in any other case, the person doing the copying knows or has 
reason to believe that it will result in copies of substantially the 
same material being provided to more than one person at 
substantially the same time and for substantially the same 
purpose. 
30.-{ 1) Fair dealing with a work for the purpose of criticism or review, Criticism. review 
of that or another work or of a performance of a work, does not infringe and news 
any copyright in the work provided that it is accompanied by a sufficient reporting. 
acknow ledgemen t. 
(2) Fair dealing with a work (other than a photograph) for the purpose 
of reporting current events does not infringe any copyright in the work 
provided that (subject to subsection (3)) it is accompanied by a sufficient 
acknowledgement. 
(3) No acknowledgement is required in connection with the reporting 
of current events by means of a sound recording, film, broadcast or cable 
programme. 
31.--{ 1) Copyright in a work is not infringed by its incidental inclusion 
in an artistic work, sound recording, film, broadcast or cable programme. 
(2) Nor is the copyright infringed by the issue to the public of copies, 
or the playing, showing, broadcasting or inclusion in a cable programme 
service, of anything whose making was, by virtue of subsection (1), not an 
infringement of the copyright. Incidental 
inclusion of 
copyright 
material. IP/NIl/GBRlCI 1 
Page 28 
PART I 
Things done for 
purposes of 
instruction or 
examination. 
Anthologies for 
educational use. c.48 Copyright, Designs and Patents Act 1988 
(3) A musical work, words spoken or sung with music, or so much of 
a sound recording, broadcast or cable programme as includes a musical 
work or such words, shall not be regarded as incidentally included in 
another work if it is deliberately included. 
Education 
32.-{1) Copyright in a literary, dramatic, musical or artistic work is 
P.·)t ; nfringed by its being copied in the course of instruction or of 
t:·:eiJaration for instruction, provided the copying-
(a) is done by a person giving or receiving instruction, and 
(b) is not by means of a reprographic process. 
(2) Copyright in a sound recording, film, broadcast or cable 
programme is not infringed by its being copied by making a film or film 
sound-track in the course of instruction, or of preparation for instruction, 
in the making of films or film sound-tracks, provided the copying is done 
by a person giving or receiving instruction. 
(3) Copyright is not infringed by anything done for the purposes of an 
examination by way of setting the questions, communicating the 
questions to the candidates or answering the questions. 
(4) Subsection (3) does not extend to the making of a reprographic copy 
of a musical work for use by an examination candidate in performing the 
work. 
(5) Where a copy which would otherwise be an infringing copy is made 
in accordance with this section but is subsequently dealt with, it shall be 
treated as an infringing copy for the purpose of that dealing, and if that 
dealing infringes copyright for all subsequent purposes. 
For this purpose "dealt with" means sold or let for hire or offered or 
exposed for sale or hire. 
33.-{1) The inclusion of a short passage from a published literary or 
dramatic work in a collection which-
(a) is intended for use in educational establishments and is so 
described in it~ 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. 
(2) Subsection (1) does not authorise the inclusion of more than two 
excerpts from copyright works by the same author in collections 
publi~hed by the same publisher over any period of five years. 
(3) In relation to any given passage the reference in subsection (2) to 
excerpts from works by the same author--
(a) shalJbe taken to include excerpts from works by him in 
collaboration with another, and 
(b) if the passage in question is from such a work, shall be taken to 
include excerpts from works by any of the authors, whether 
alone or in collaboration with another. IP/N/lIGBRlC/l 
Page 29 
Copyright, Designs and Patents Act 1988 c.48 
(4) References in this section to the use of a work in an educational 
establishment are to any use for the educational purposes of such an 
establishment. 
34.--(1) The performance of a literary, dramatic or musical work 
before an audience consisting of teachers and pupils at an educational 
establishment and other persons directly connected with the activities of 
the 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. 
(2) The playing or showing of a sound recording, film, broadcast or 
cable programme before such an audience at an educational 
establishment for the purposes of instruction is not a playing or showing 
of the work in public for the purposes of infringement of copyright. 
(3) A person is not for this purpose directly connected with the 
activities of the educational establishment simply because he is the parent 
of a pupil at the establishment. 
35.--(1) A recording of a broadcast or cable programme, or a copy of 
such a recording, may be made by or on behalf of an educational 
establishment for the educational purposes of that establishment without 
thereby infringing the copyright in the broadcast or cable programme. or 
in any work included in it. 
(2) This section does not apply if or to the extent that there is a 
licensing scheme certified for the purposes of this section under section 
143 providing for the grant of licences. 
(3) Where a copy which would otherwise be an infringing copy is made 
in accordance with this section but is subsequently dealt with, it shall be 
treated as an infringing copy for the purposes of that dealing, and if that 
dealing infringes copyright for all subsequent purposes. 
For this purpose "dealt with" means sold or let for hire or offered or 
exposed for sale or hire. 
36.--(1) Reprographic copies of passages from published literary, 
dramatic or musical works may, to the extent permitted by this section, 
be made by or on behalf of an educational establishment for the purposes 
of instruction without infringing any copyright in the work, or in the 
typographical arrangement. 
(2) Not more than one per cent. of any work may be copied by or on 
behalf of an establishment by virtue of this section in any quarter, that is, 
in any period I st January to 31 st March, I st April to 30th June, 1 st July 
to 30th September or 1 st October to 31 st December. 
(3) Copying is not authorised by this section if, or to the extent that, 
licences are available authorising the copying in question and the person 
making the copies knew or ought to have been aware of that fact. PART I 
Performing, 
playing or 
showing work in 
course of activities 
of educational 
establishment. 
Recording by 
educational 
establishments of 
broadcasts and 
cable 
programmes. 
Reprographic 
copying by 
educational 
establishments of 
passages from 
published works. IP/NIlIGBRlCI 1 
Page 30 
PART I 
Libraries and 
archives: 
introductory. 
Copying by 
librarians: articles 
in periodicals. c.48 Copyright, Designs and Patents Act 1988 
(4) The terms of a licence granted to an educational establishment 
authorising the reprographic copying for the purposes of instruction of 
passages from published literary, dramatic or musical works are of no 
effect so far as they purport to restrict the proportion of a work which 
may be copied (whether on payment or free of charge) to less than that 
which would be permitted under this section. 
(5) Where a copy which would otherwise be an infringing copy is made 
in accordance with this section but is subsequently dealt with, it shall be 
treated as an infringing copy for the purposes of that dealing, and if that 
dealing infringes copyright for all subsequent purposes. 
For this purpose "dealt with" means sold or let for hire or offered or 
exposed for sale or hire. 
Libraries and archives 
37.-(1) In sections 38 to 43 (copying by librarians and archivists)-
(a) references in any provision to a prescribed library or archive are 
to a library or archive of a descripti::m p:escribed for the 
purposes of that provision by regulations made by the Secretary 
of State; and 
(b) references in any provision to the prescribed conditions are to 
the conditions so prescribed. 
(2) The regulations ffiay provide that, where a librarian or archivist is 
required to be satisfied as to any matter before making or supplying a 
copy of a work-
(a) he may rely on a signed declaration as to that matter by the 
person requesting the copy, unless he is aware that it is false in 
a material particular, and 
(b) in such cases as may be prescribed, he shall not make or supply 
a copy in the absence of a signed declaration in such form as 
may be prescribed. 
(3) Where a person requesting a copy makes a declaration which is 
false in a material particular and is supplied with a copy which would have 
been an infringing copy if made by him-
(a) he is liable for infringement of copyright as if he had made the 
copy himself, and 
(b) the copy shall be treated as an infringing copy. 
(4) The regulations may make different provision for different 
descriptions of libraries or archives and for different purposes. 
(5) Regulations shall be made by statutory instrument which shall be 
subject to annulment in pursuance of a resolution of either House of 
Parliament. 
(6) References in this section, and in sections 38 to 43, to the librarian 
or archivist include a person acting on his behalf. 
38.-( I) The librarian of a prescribed library may, if the prescribed 
conditions are complied v-.ith, make and supply a copy of an article in a 
periodical without infringing any copyright in the text, in any illustrations 
accompanying the text or in the typographical arrangement. IP/NI 11 GBRI Cl 1 
Page 31 
Copyright, Designs and Patents Act 1988 c.48 
(2) The prescribed conditions shall include the following-
(a) that copies are supplied only to persons satisfying the librarian 
that they require them for purposes of research or private study, 
and will not use them for any other purpose; 
(b) that no person is furnished with more than one copy of the same 
article or with copies of more than one article contained in the 
same issue of a periodical; and 
(c) that persons to whom copies are supplied are required to pay for 
them a sum not less than the cost (including a contribution to 
the general expenses of the library) attributable to their 
production. PART I 
39.-(1) The librarian of a prescribed library may, if the prescribed Copying by 
conditions are complied with, make and supply from a published edition librarians: parts of 
a copy of part of a literary, dramatic or musical work (other than an published works. 
article in a periodical) without infringing any copyright in the work, in 
any illustrations accompanying the work or in the typographical 
arrangement. 
(2) The prescribed conditions shall include the following-
(a) that copies are supplied only to persons satisfying the librarian 
that they require them for purposes of research or private study, 
and will not use them for any other purpose; 
(b) that no person is furnished with more than one copy of the same 
material or with a copy of more than a reasonable proportion of 
any work; and 
(c) that persons to whom copies are supplied are required to pay for 
them a sum not less than the cost (including a contribution to 
the general expenses of the library) attributable to their 
production. 
40.-(1) Regulations for the purposes of sections 38 and 39 (copying by 
librarian of article or part of published work) shall contain provision to 
the effect that a copy shall be supplied only to a person satisfying the 
librarian that his requirement is not related to any similar requirement of 
another person. 
(2) The regulations may provide-
(a) that requirements shall be regarded as similar if the requirements 
are for copies of substantially the same material at substantially 
the same time and for substantially the same purpose; and 
(b) that requirements of persons shall be regarded as related if those 
persons receive instruction to which the material is relevant at 
the same time and place. Restriction on 
production of 
multiple copies of 
the same material. 
41.-(1) The librarian of a prescribed library may, if the prescribed Copying by 
conditions are complied with, make and supply to another prescribed librarians: supply 
library a copy of- of copies to other 
libraries. 
(a) an article in a periodical, or IP/N/lIGBRlC/1 
Page 32 
PART I 
Ccpying by 
librarians or 
archivists: 
replacement copies 
of works. 
Copying by 
librarians or 
archivists: certain 
unpublished 
works. c.48 Copyright, Designs and Patents Act 1988 
(b) the whole or part of a published edition of a literary, dramatic or 
musical work, 
without infringing any copyright in the text of the article or, as the case 
may be, in the work, in any illustrations accompanying it or in the 
typographical arrangement. 
(2) Subsection (l)(b) does not apply ifat the time the copy is made the 
librarian making it knows, or could by reasonable inquiry ascertain, the 
name and address of a person entitled to authorise the making of the 
copy. 
42.--(1) The librarian or archivist of a prescribed library or archive 
may, if the prescribed conditions are complied with, make a copy from 
any item in the pennanent collection of the library or archive-
(a) in order to preserve or replace that item by placing the copy in its 
pennanent 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, dr~.1.latic or musical 
work, in any illustrations accompanying such a work or, in the case of a 
published edition, in the typographical arrangement. 
(2) The prescribed conditions shall include provision for restricting the 
making of copies to cases where it is not reasonably practicable to 
purchase a copy of the item in question to fulfil that purpose. 
43.--(1) The librarian or archivist of a prescribed library or archive 
may, if the prescribed conditions are complied with, make and supply a 
copy of the whole or part of a literary, dramatic or musical work from a 
document in the library or archive without infringing aay copyright in the 
work or any illustrations accompanying it. 
(2) This section does not apply if-
(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. 
(3) The prescribed conditions shall include the following-
(a) that copies are supplied only to persons satisfying the librarian 
or archivist that they require them for purposes of research or 
private study and will not use them for any other purpose; 
(b) that no person is furnished with more than one copy of the same 
material; and 
(c) that persons to whom copies are supplied are required to pay for 
them a sum no~ less than the cost (including a contribution to 
the general expenses of the library or archive) attributable to 
their production. IP/NIlIGBRlCI 1 
Page 33 
Copyright, Designs and Patents Act 1988 c.48 
44. If an article of cultural or historical importance or interest cannot PART I 
lawfully be exported from the United Kingdom unless a copy of it is made Copy of work 
and deposited in an appropriate library or archive, it is not an required to be 
infringement of copyright to make that copy. made as condition 
of export. 
Public administration 
45.-( I) Copyright is not infringed by anything done for the purposes 
of parliamentary or judicial proceedings. 
(2) Copyright is not infringed by anything done for the purposes of 
reporting such proceedings; but this shall not be construed as authorising 
the copying of a work which is itself a published report of the proceedings. 
46.-(1) Copyright is not infringed by anything done for the purposes 
of the proceedings of a Royal Commission or statutory inquiry. 
(2) Copyright is not infringed by anything done for the purpose of 
reporting any such proceedings held in public; but this shall not be 
construed as authorising the copying of a work which is itself a published 
report of the proceedings. 
(3) Copyright in a work is not infringed by the issue to the public of 
copies of the report of a Royal Commission or statutory inquiry 
containing the work or material from it. 
(4) In this section-
"Royal Commission" includes a Commission appointed for 
Northern Ireland by the Secretary of State in pursuance of the 
prerogative powers of Her Majesty delegated to him under Parliamentary and 
judicial 
proceedings. 
Royal 
Commissions and 
statutory 
inquiries. 
section 7(2) of the Northern Ireland Constitution Act 1973; and 1973 c. 36. 
"statutory inquiry" means an inquiry held or investigation 
conducted in pursuance of a duty imposed or power conferred 
by or under an enactment. 
47.--( 1) Where material is open to public inspection pursuant to a 
statutory requirement, or is on a statutory register, any copyright in the 
material as a literary work is not infringed by the copying of so much of 
the material as contains factual information of any description, by or with 
the authority of the appropriat.e person, for a purpose which does not 
involve the issuing of copies to the public. 
(2) Where material is open to public inspection pursuant to a statutory 
requirement. copyright is not infringed by the copying or issuing to the 
public of copies of the material, by or with the authority of t.he 
appropriate person, for the purpose of enabling the material to be 
inspected at a more convenient time or place or otherwise facilitating the 
exercise of any right for the purpose of which the requirement is imposed. 
(3) Where material which is open to public inspection pursuant to a 
statutory requirement, or which is on a statutory register, contains 
information about matters of general scientific, technical, commercial or 
economic interest, copyright is not infringed by the copying or issuing to 
the public of copies of the material, by or with the authority of the 
appropriate person, for the purpose of disseminating that information. 
(4) The Secretary of State may by order provide that subsection (1), (2) 
or (3) shall, in such cases as may be specified in the order, apply only to 
copies marked in such manner as may be so specified. 
B Material open to 
public inspection 
or on official 
register. IP/NI lIGBRlCI 1 
Page 34 
PART I 
Material 
communicat·!d to 
the Crown in the 
COl~rse of pu blic 
bu:;iness. 
Public records. 
1958 c. 51. 
1937 c. 43. 
1923 c. 20 (N. I.). c.48 Copyright, Designs and Patents Act 1988 
(5) The Secretary of State may by order provide that subsections (1) to 
(3) apply, to such extent and with such modifications as may be specified 
in the order-
(a) to material made open to public inspection by-
(i) an international organisation specified iT'. 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 rela~ion to material open to public inspection pursuant to 
a statutory requirement or to a statutory register. 
(6) In this section-
"appropriate person" means the person required to make the 
material open to public inspection or, as the case may be, the 
person maintaining the register; 
"statutory register" means a register maintained in pursuance of a 
statutory requirement; and 
"statutory requirement" means a requirement imposed by provision 
made by or under an enactment. 
(7) An order under this section shall be made by statutory instrument 
which shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
48.-(1) This section applies where a literary, dramatic, musical or 
artistic work has in the course of public business been communicated to 
the Crown for any purpose, by or with the licence of the copyright owner 
and a dO~l!ment or other material thing recording or embodying the work 
is owned by or in the custody or control of the Crown. 
(2) The Crown may, for the purpose for which the work was 
communicated tu it. Of any related purpose which cou!d reasonably have 
been anticipated by the copyright owner, copy the work and issue copies 
of the work to the public without infringing any copyright in the work. 
(3) The Crown may not copy a work, or issue copies of a work to the 
public. by virtue of this section if the work has previously been published 
otherwise than by virtue of this section. 
(4) Iil subsection (1) "public business" includes any activity carried on 
by the Crown. 
(5) This section has effect subject to any agreement to the contrary 
between the Crown and the copyright owner. 
49. :\1aterial which is comprised in public records within the weaning 
of the Public Records Act 1"958, the Public Records (Scotland) Act 1937 
or the Public Records Act (Northern Ireland) 1923 which are open to 
public inspection in pursuance of that Act, may be copied, and a copy 
may be supplied (0 any person, by or with the authority of any officer 
appointed under that Act, without infringement of copyright. JP IN II/GBRlC/l 
Page 35 
Copyright, Designs and Patents Act 1988 c.48 
50.-( 1) Where the doing of a particular act is specifically authorised 
by an Act of Parliament, whenever passed, then, unless the Act provides 
otherwise, the doing of that act does not infringe copyright. 
(2) Subsection (l) applies in relation to an enactment contained in 
Northern Ireland legislation as it applies in relation to an Act of 
Parliament. 
(3) Nothing in this section shall be construed as excluding any defence 
of statutory authority otherwise available under or by virtue of any 
enactment. 
Designs PART I 
Acts done under 
statutory 
authority. 
51.-( 1) It is not an infringement of any copyright in a design document De:iiign documents 
or model recording or embodying a design for anything other than an and models. 
artistic work or a typeface to make an article to the design or to copy an 
article made to the design. 
(2) Nor is it an infringement of the copyright to issue to the public, or 
include in a film, broadcast or cable programme service, anything the 
making of which was, by virtue of subsection (1), not an infringement of 
that copyright. 
(3) In this section-
"design" means the design of any aspect of the shape or 
configuration (whether internal or external) of the whole or part 
of an article, other than surface decoration; and 
"design document" means any record of a design, whether in the 
form of a drawing, a written description, a photograph, data 
stored in a computer or otherwise. 
52.-( 1) This section applies where an artistic work has been exploited, Effect of 
by or with the licence of the copyright owner, by- exploitation of 
design derived (a) making by an industrial process articles falling to be treated for from artistic 
the purposes of this Part as copies of the work, and work. 
(b) marketing such articles, in the United Kingdom or elsewhere. 
(2) After the end of the period of 25 years from the end of the calendar 
year in which such articles are first marketed, the work may be copied by 
making articles of any description, or doing anything for the purpose of 
making articles of any description, and anything may be done in relation 
to articles so made, without infringing copyright in the work. 
(3) Where only part of an artistic work is exploited as mentioned in 
subsection (l). subsection (2) applies only in relation to that part. 
(4) The Secretary of State may by order make provision-
(a) as to the circumstances in which an article, or any description of 
article, is to be regarded for the purposes of this section as made 
by an industrial process; 
(b) excluding from the operation of this section such articles of a 
primarily literary or artistic character as he thinks fit. 
(5) An order shall be made by statutory instrument which shall be 
subject to annulment in pursuance of a resolution of either House of 
Parliament. IP/N/lIGBRfC/l 
Page 36 
PART I 
Things done in 
reliance on 
registration of 
design. 
1949 c. 88. 
Use of typef;lCe in 
ordinary COL rse of 
printing. 
Articles for 
producing 
material in 
particular 
typeface. c.48 Copyright, Designs and Patents Act 1988 
(6) In this section-
(a) references to articles do not include films; and 
(b) references to the marketing of an article are to its being sold or let 
for hire or offered or exposed for sale or hire. 
53.-( I) The copyright in an artistic work is not infringed by anything 
done-
(a) in pursuance of an assignment or licence made or granted by a 
person registered under the Registered Designs Act 1949 as the 
propr:etor of a corresponding design, and 
(b) in good faith in reliance on the registration and without notice 
of any proceedings for th~ 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. 
(2) In subsection (1) a "corresponding design", in relation to an artistic 
work, means a design within the meaning of the 194~ Act which if applied 
to an article would produce something which w0u!d be treated for the 
purposes of this Part as a copy of the artistic work. 
Type/aces 
54.-{1) It is not an infringement of copyright in an artistic work 
consi~.ting of the design of a typeface-
(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. 
(2) Huwever, the following provisions of this Part apply in relation to 
persons making, importing or dealing with aI ticles specifically designed 
or adapted for produci!lg material in a particular typeface, or possessing 
such articles for the purpose of dealing with them, as if the production of 
material as mentioned in subsection (1) did infringe copyright in the 
artistic work consisting of the design of the typeface-
section 24 (secondary infringement: making, importing, possessing 
or dealing with article for making infringing copy), 
sections 99 and 1 00 (order for delivery up and right of seizure), 
section 107(2) (offence of making or possessing such an article), and 
section 108 (order for delivery up in criminal proceedings). 
(3) The references in subsection (2) to "dealing with" an article are to 
selling, letting for hire, or offering or exposing for sale or hire, exhibiting 
in public, or distributing. 
55.-( I) This section applies to the copyright in an artistic work 
consisting of the design of a typeface where articles specifically designed 
or adapted for producing material in that typeface have been marketed 
by or with the licence of the copyright owner. IP/NIl/GBRlCI 1 
Page 37 
Copyright. Designs and Patents Act 1988 c.48 
(2) After the period of 25 years from the end of the calendar year in PART I 
which the first such articles are marketed, the work may be copied by 
making further such articles, or doing anything for the purpose of making 
such articles, and anything may be done in relation to articles so made, 
without infringing copyright in the work. 
(3) In subsection (1) "marketed" means sold, let for hire or offered or 
exposed for sale or hire, in the United Kingdom or elsewhere. 
Works in electronic form 
56.-( 1) This section applies where a copy of a work in electronic form Transfers of 
has been purchased on terms which, expressly or impliedly or by virtue of copies of works in 
any rule of law, allow the purchaser to copy the work, or to adapt it or electronic form. 
make copies of an adaptation, in connection with his use of it. 
(2) If there are no express terms-
(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. 
(3) The same applies where the original purchased copy is no longer 
usable and what is transferred is a further copy used in its place. 
(4) The above provisions also apply on a subsequent transfer, with the 
substitution for references in subsection (2) to the purchaser of references 
to the subseq uent transferor. 
A-fiscellaneous: literary. dramatic. musical and artistic works 
57.-(1) Copyright in a literary, dramatic, musical or artistic work is 
not infringed by an act done at a time when, or in pursuance of 
arrangements made at a time when-
(a) it is not possible by reasonable inquiry to ascertain the identity of 
the author, and 
(b) it is reasonable to assume-
(i) that copyright has expired, or 
(ii) that the author died 50 years or more before the 
beginning of the calendar year in which the act is done or the 
arrangements are made. 
(2) Subsection (1)(b)(ii) does not apply in relation to­
(a) a work in which Crown copyright subsists, or 
(b) a work in which copyright originally vested in an international 
organisation by virtue of section 168 and in respect of which an 
Order under that section specifies a copyright period longer 
than 50 years. Anonymous or 
pseudonymous 
works: acts 
permitted on 
assumptions as to 
expiry of 
copyright or death 
of author. IP/NIlIGBRlCI 1 
Page 38 
PART I 
Use of notes or 
recordings of 
spoken words in 
certain cases. c.48 Copyright, Designs and Patents Act 1988 
(3) In relation to a work of joint authorship-
(a) the reference in subsection (I) to its being possible to ascertain the 
identity of the author ~p~ll. be construed as a reference to its 
being possible to ascertain the identity of any of the authors, 
and 
(b) the reference in subsection (I)(b)(ii) to the author having died 
shall be construed as a reference to all the authors having died. 
58.-{ 1) Where a record of spoken words is made, in writing or 
otherwise, for the purpose-
(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. 
(2) The conditions are that-
(a) the record is a direct record of the spoken wcrds and is not taken 
from a previous record or from a broadcast or cable 
programme; 
(b) the making of the record was not prohibited by the speaker aftd, 
where copyright already subsisted in the work, did not infringe 
copyright; 
(c) the use made of the record or material taken from it is not of a 
kind prohibited by or on behalf of the speaker or copyright 
owner before the record was made; and 
(d) the use is by or with the authority of a person who is lawfully in 
possession of the record. 
Public reading or 59.-(1) The reading or recitation in public by one person of a 
recitation. reasonable extract from a published literary or dramatic work does not 
infringe any copyright in the work if it is accompanied by a sufficient 
acknowledgement. 
Abstracts of 
scientific or 
technical articles. (2) Copyright in a work is not infringed by the making of a sound 
recording, or the broadcasting or inclusion in a cable programme service, 
of a reading or recitation which by virtue of subsection (1) does not 
infringe copyright in the work, provided that the recording, broadcast or 
cable programme consists mainly of material in relation to which it is not 
necessary to rely on that subsection. 
60.-( 1) Where an article on a scientific or technical subject is published 
in a periodical accompanied by an abstract indicating the contents of the 
article, it is not an infring~ment of copyright in the abstract, or in the 
article, to copy the abstract or issue copies of it to the pUblic. 
(2) This section does not apply if or to the extent that there is a licensing 
scheme certified for the purposes of this section under section 143 
providing for the grant of licences. IP/NI l/GBRlCI 1 
Page 39 
Copyright, Designs and Patents Act 1988 c.48 
61.-( 1) A sound recording of a performance of a song may be made PART I 
for the purpose of including it in an archive maintained by a designated Recordings of 
body without infringing any copyright in the words as a literary work or folksongs. 
in the accompanying musical work,:provided the conditions in subsection 
(2) below are met. 
(2) The conditions are that-
(a) the words are unpublished and of unknown authorship at the 
time the recording is made, 
(b) the making of the recording does not infringe any other 
copyright, and 
(c) its making is not prohibited by any performer. 
(3) Copies of a sound recording made in reliance on subsection (1) and 
included in an archive maintained by a designated body may, if the 
prescribed conditions are met, be made arid supplied by the archivist 
without infringing copyright in the recording or the works included in it. 
(4) The prescribed conditions shall include the following-
(a) that copies are only supplied to persons satisfying the archivist 
that they require them for purposes of research or private study 
and will not use them for any other purpose, and 
(b) that no person is furnished with more than one copy of the same 
recording. 
(5) In this section-
(a) "designated" means designated for the purposes of this section by 
order of the Secretary of State, who shall not designate a body 
unless satisfied that it is not established or conducted for profit, 
(b) "prescribed" means prescribed for the purposes of this section by 
order of the Secretary of State, and 
(c) references to the archivist include a person acting on his behalf. 
(6) An order under this section shall be made by statutory instrument 
which shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
62.-( 1) This section applies to­
(a) buildings, and 
(b) sculptures, models for buildings and works of artIstIc 
craftsmanship, if permanently situated in a public place ot in 
premises open to the public. 
(2) The copyright in such a work is not infringed by­
(a) making a graphic work representing it, 
(b) making a photograph or film of it, or 
(c) broadcasting or including in a cable programme service a visual 
. image of it. 
(3) Nor is the copyright infringed by the issue to the public of copies, or 
the broadcasting or inclusion in a cable programme service, of anything 
whose making was, by virtue of this section, not an infringement of the 
copyright. Representation 01 
certain artistic 
works on public 
display. IP/N/lIGBRlC/l 
Page 40 
PART I 
Advertisement of 
sale of artistIc 
work. 
Making of 
subsequent works 
by same arti:;t. 
Reconstruction of 
buildings. 
Rental of sOlmd 
recordings, films 
and computer 
programs. 
Playing of sc,und 
recordings for 
purposes of dub. 
society, &c. c.48 Copyright, Designs and Patents Act /988 
63.-(1) It is not an infringement of copyright in an artistic work to 
copy it, or to issue copies to the public, for the purpose of advertising the 
sale of the work. 
(2) Where a copy which would otherwise be an infringing copy is made 
in accordance with this section but is subsequently dealt with for any 
other purpose, it shall be treated as an infringing copy for the purposes 
of that dealing, and if that dealing infringes copyright for all subsequent 
purposes. 
For this purpose "dealt with" means sold or let for hire, offered or 
exposed for sale or hire, exhibited in public or distributed. 
64. Where the author of an artistic work is not the copyright owner, he 
does not infringe the copyright by copying the work in making another 
artistic work, provided he does not repeat or imitate the main design of 
the earlier work. 
65. Anything done for the purposes of reconstructing a building does 
not infringe any copyright-
(a) in the building, or 
(b) in any drawings or plans in accordance with which the building 
was, by or with the licence of the copyright owner, constructed. 
1vliscellaneous: sound recordings, films and computer programs 
66.-(1) The Secretary of State may by order provide that in such cases 
as may be specified in the order the rental to the public of copies of sound 
recordings, films or computer programs shall be treated as licensed by the 
copyright owner subject only to the payment of such reasonable royalty 
or other payment as may be agreed or determined in default of agreement 
by the Copyright Tribunal. 
(2) No such order shall apply if, Of to the extent that, there is a 
licensing scheme certified for the purposes of this section under section 
143 providing for the grant of licences. 
(3) An order may make different provision for different cases and may 
specify cases by reference to any factor relating to the work, the copies 
rented, the renter or the circumstances of the rental. 
(4) An order shall be made by statutory instrument; and no order shall 
be made unless a draft of it has been laid before and approved by a 
resolution of each House of Parliament. 
(5) Copyright in a computer program is not infringed by the rental of 
copies to the public after the end of the period of 50 years from the end of 
the calendar year in which copies of it were first issued to the public in 
electronic form. 
(6) Nothing in this section affects any liability under section 23 
(secondary infringement) in respect of the rental of infringing copies. 
67.-(1) It is not an infringement of the copyright in a sound recording 
to play it as part of the activities of, or for the benefit of, a club, society or 
other organisation if the following conditions are met. IP/NI lIGBRfCI 1 
Page 41 
Copyright, Designs and Patents Act 1988 c.48 
(2) The conditions are-
(a) that the organisation is not established or conducted for profit 
and its main objects are charitable or are otherwise concerned 
with the advancement of religion, education or social welfare, 
and 
(b) that the proceeds of any charge for admission to the place where 
the recording is to be heard are applied solely for the purposes 
of the organisation. 
Miscellaneous: broadcasts and cable programmes 
68.-{I) This section applies where by virtue ofa licence or assignment 
of copyright a person is authorised to broadcast or include in a cable 
programme serVlce-
(a) a literary, dramatic or musical wor~, or an adaptation of such a 
work, 
(b) an artistic work, or 
(c) a sound recording or film. 
(2) He shall by virtue of this section be treated as licensed by the owner 
of the copyright in the work to do or authorise any of the following for 
the purposes of the broadcast or cable programme-
(a) in the case of a literary, dramatic or musical work, or an 
adaptation of such a work, to make a sound recording or film of 
the work or adaptation; 
(b) in the case of an artistic work, to take a photograph or make a 
film of the work; 
(c) in the case of a sound recording or film, to make a copy of it. 
(3) That licence is subject to the condition that the recording, film, 
photograph or copy in question-
(a) shall not be used for any other purpose, and 
(b) shall be destroyed within 28 days of being first used for 
broadcasting the work or, as the case may be, including it in a 
cable programme service. 
(4) A recording, film, photograph or copy made in accordance with 
this section shall be treated as an infringing copy-
(a) for the purposes of any use in breach of the condition mentioned 
in subsection (3)(a), and 
(b) for all purposes after that condition or the condition mentioned 
in subsection (3)(b) is broken. 
69.-{ 1) Copyright is not jnfringed by the making or use by the British 
Broadcasting Corporation, for the purpose of maintaining supervision 
and control over programmes broadcast by them, of recordings of those 
programmes. 
(2) Copyright is not infringed by-
(a) the making or use of recordings by the Independent Broadcasting PART I 
Incidental 
recording for 
purposes of 
broadcast or cable 
programme. 
Recording for 
purposes of 
supervision and 
control of 
broadcasts and 
cable 
programmes. 
Authority for the purposes mentioned in section 4(7) of the 
Broadcasting Act 198] (maintenance of supervision and control 1981 c. 68. 
over programmes and advertisements); or IP/N/lIGBRlC/l 
Page 42 
c.48 Copyright. Designs and Patents Act 1988 
PART I (b) anything done under or in pursuance of provision included in a 
1984 c. 46. 
Recording for 
purposes of 1.ime­
shifting. 
Photograph~ of 
television 
broadcasts or 
cable 
programmes. 
Free public 
showing or 
playing of 
broadcast or cable 
programme. contract between a programme contractor and the Authority in 
accordance with section 21 of that Act. 
(3) Copyright is not infringed by-
(a) the making by or with the authority of the Cable Authority, or 
the use by that Authority, for the purpose of maintaining 
supervision and control over programmes included in services 
licensed u;1der Part I of the Cable and Broadcasting Act 1984, 
of recordings of those programmes; or 
(0) anything done under or in pursuance of-
(i) a notice or direction given under section 16 of the Cable 
and Broadcasting Act 1984 (power of Cable A uthority to 
require production of recordings); or 
(ii) a condition included in a licence by virtue of section 35 
of that Act (duty of Authority to secure that recordings are 
available for certain purposes). 
70. The making for private and domestic use of a recording of a 
broadcast or cable programme solely for the purpose of enabling it to be 
viewed or listened to at a more convenient time does not infringe any 
copyright in the broadcast or cable programme or in any work included 
in it. 
71. The making for private and domestic use of a photograph of the 
whole or any part of an image fonning part of a television broadcast or 
cable programme, or a copy of such a photograph, does not infringe any 
copyright in the broadcast or cable programme or in any film included in 
it. 
72.-(1) The showing or playing in public of a broadcast or cable 
programme to an audience who have not paid for admission to the place 
where the broadcast or programme is to be seen or heard does not infringe 
any copyright in-
(a) the broadcast or cable programme, or 
(b) any sound recording or film included in it. 
(2) The audience shall be treated as having paid for admission to a 
place-
(a) if they have paid for admission to a place of which that place 
forms part; or 
(b) if goods or services are supplied at that place (or a place of which 
it fcrms part}-
(i) at prices which are substantially attributable to the 
facilities aff:)rded for seeing or hearing the broadcast or 
programme, or 
(ii) at prices exceedir.g thos~ usually charged there and 
which are. partly att,ributable to those facilities. 
(3) The following shall not be regarded as having paid for admission 
to a place-
(a) persons admitted as residents or inmates of the place; IP/NIlIGBRlCI 1 
Page 43 
Copyright, Designs and Patents Act 1988 c.48 
(b) persons admitted as members of a club or society where the 
payment is only for membership of the club or society and the 
provision of facilities for seeing or hearing broadcasts or 
programmes is only incidental to the main purposes of the club 
or society. 
(4) Where the making of the broadcast or inclusion of the programme 
in a cable programme service was an infringement of the copyright in a 
sound recording or film, the fact that it was heard or seen in public by the 
reception of the broadcast or programme shall be taken into account in 
assessing the damages for that infringement. PART I 
73.-( 1) This section applies where a broadcast made from a place in Reception and re­
the United Kingdom is, by reception and immediate re-transmission, transmission of 
included in a cable programme service. broadcast in cable 
programme 
(2) The copyright in the broadcast is not infringed- service. 
(a) if the inclusion is in pursuance of a requirement imposed under 
section 13(1) of the Cable and Broadcasting Act 1984 (duty of 1984 c. 46. 
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 \\'hich the cable programme service is provided and 
is not a satellite transmission or an encrypted transmission. 
(3) The copyright in any work included in the broadcast is not 
infringed-
(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 ca ble 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. 
74.-( 1) A designated body may, for the purpose of providing people Provision of sub­
who are deaf or hard of hearing, or physically or mentally handicapped titled copies of 
in other ways, with copies which are sub-titled or otherwise modified for broadcast or cable 
their special needs, make copies of television broadcasts or cable programme. 
programmes and issue copies to the public, without infringing any 
copyright in the broadcasts or cable programmes or works included in 
them. 
(2) A "designated body" means a body designated for the purposes of 
this section by order of the Secretary of State, who shall not designate a 
body unless he is satisfied that it is not established or conducted for profit. 
(3) An order under this section shall be made by statutory instrument 
which shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
(4) This section does not apply if, or to the extent that, there is a 
licensing scheme certified for the purposes of this section under section 
143 providing for the grant of licences. IP/NIlIGBRlCI 1 
Page 44 
PART I 
Recording for 
archival purposes. 
Adaptations. 
Right to be 
identified as 
author or director. c.48 Copyright, Designs and Patents Act 1988 
75.-{1) A recording of a broadcast or cable programme of a 
designated class, or a copy of such a recording, may be made for the 
purpose of being placed in an archive maintained by a designated body 
without thereby infringing any copyright in the broadcast or cable 
programme or in any work included in it. 
(2) In subsection (1) "designated" means designated for the purposes 
of this section by order of the Secretary of State, who shall not designate a 
body unless he is satisfied that it is not established or conducted for profit. 
(3) An order under this section shall be made by statutory instrument 
which shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
Adaptations 
76. An act which by virtue of this Chapter may be done without 
.. infringing copyright in a literary, dramatic or musical work does not, 
where that work is an adaptation, infringe any copyright in the work from 
which the adaptation was made. 
CHAPTER IV 
MORAL RIGHTS 
Right to be identified as author or director 
77.-{l) The author of a copyright literary, dramatic, musical or 
artistic work, and the director of a copyright film, has the right to be 
identified as the author or director of the work in the circumstances 
mentioned in this section; but the right is not infringed unless it has been 
asserted in accordance with section 78. 
(2) The author of a literary work (other than words intended to be sung 
or spoken with music) or a dramatic work has the right to be identified 
whenever-
(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. 
(3) The author of a musical work, or a literary work consisting of 
words intended to be sung or spoken with music, has the right to be 
identified whenever-
(a) the work is published commercially; 
(J) copies of a sound recording of the work are iSfuf!d 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 whene\er 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. IP/NIlIGBRlCI 1 
Page 45 
Copyright, Designs and Patents Act 1988 c.48 
(4) The author of an artistic work has the right to be identified 
whenever-
(a) the work is published commercially or exhibited in public, or a 
visual image of it is broadcast or included in a cable programme 
service; 
(b) a film including a visual image of the work is shown in public or 
copies of such a film are issued to the public; or 
(c) in the case of a work of architecture in the form of a building or 
a model for a building, a sculpture or a work of artistic 
craftsmanship, copies of a graphic work representing it, or of a 
photograph of it, are issued to the public. 
(5) The author of a work of architecture in the form of a building also 
has the right to be identified on the building as constructed or, where more 
than one building is constructed to the design, on the first to be 
constructed. 
(6) The director of a film has the right to be identified whenever the film 
is shown in public, broadcast or included in a cable programme service or 
copies of the film are issued to the public. 
(7) The right of the author or director under this section is-
(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. 
(8) If the author or director in asserting his right to be identified 
specifies a pseUdonym, initials or some other particular form of 
identification, that form shall be used; otherwise any reasonable form of 
identification may be used. 
(9) This section has effect subject to section 79 (exceptions to right). PART I 
78.-( 1) A person does not infringe the right conferred by section 77 Requirement that 
(right to be identified as author or director) by doing any of the acts right be asserted. 
mentioned in that section unless the right has been asserted in accordance 
with the following provisions so as to bind him in relation to that act. 
(2) The right may be asserted generally, or in relation to any specified 
act or description of acts-
(a) on an assignment of copyright in the work, by including in the, 
instrument effecting the assignment a statement that the author 
or director asserts in relation to that work his right to be 
identified, or 
(b) by instrument in writing signed by the author or director. IP/NIlIGBRlCI 1 
Page 46 
PART I 
Exceptions t:> 
right. c.48 Copyright, Designs and Patents Act 1988 
(3) The right may also be asserted in relation to the public exhibition of 
an artistic work-
(a) by securing that when the author or other first owner of copyright 
parts with possession of the original, or of a copy made by him 
or under his direction or control, the author is identified on the 
original or copy, or on a frame, mount or nthcr thing to which 
it is attached, or 
(b) by including in a licence by which the authoi or other first owner 
of copyright authorises the making of copies of the work a 
statement signed by or on behalf of the person granting the 
licence that tht author asserts his right to be identified in the 
event of the public exhibition of a copy made in pursuance of 
the licence. 
(4) The persons bound by an assertion of the right under subsection (2) 
or (3) are-
(a) in the case of an assertion under subsection (2)(a), the assignee 
and anyone claiming through him, whether or not he has notice 
of the assertion; 
(b) in the case of an assertion under subsection (2)(b), anyone to 
whose notice the assertion is brought; 
(c) in t~e case of an assertion under subsection (3)(a), anyone into 
whose hands that original or copy comes, whether or not the 
identification is still present or visible; 
(d) in the case of an assertion under subsection (3)(b), the licensee 
and anyone into whose hands a copy made in pursuance of the 
licence comes, whether or not he has notice of the assertion. 
(5) In an action for infringement of the right the court shall, in 
considering remedies, take into account any delay in asserting the right. 
79.-(1) The right conferred by section 77 (right to be identified as 
author or director) is subject to the following exceptions. 
(2) The right does not apply in relation to the following descriptions of 
work-
(a) a computer program; 
(b) the design of a typeface; 
(c) any computer-generated work. 
(3) The right does not apply to anything done by or with the authority 
of the copyright owner where copyright in the work originally vested--
(a) in the author's employer by virtue of section 11 (2) (works 
produced in course of employment), or 
(b) in the director's employer by virtue of section 9(2)(a) (person to 
be treated as author of film). 
(4) The right is not infringed by an act which by virtue of any of the 
following provisions would not infringe copyright in the work-
(a) section 30 (fair dealing for certain purposes), so far as it relates 
to the reporting of current events by means of a sound 
recording, film, broadcast or cable programme; 
(b) section 31 (incidental inclusion of work in dn artistic work, 
sound recording, film, broadcast or cable programme); IP/NIlIGBRlCI 1 
Page 47 
Copyright. Designs and Patents Act 1988 c.48 
(c) section 32(3) (examination questions); PART I 
(d) section 45 (parliamentary and judicial proceedings); 
(e) section 46(1) or (2) (Royal Commissions and statutory 
inquiries); 
(0 section 51 (use of design documents and models); 
(g) section 52 (effect of exploitation of design derived from artistic 
work); 
(h) section 57 (anonymous or pseudonymous works: acts permitted 
on assumptions as to expiry of copyright or death of author). 
(5) The right does not apply in relation to any work made for the 
purpose of reporting current events. 
(6) The right does not apply in relation to the publication in­
(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. 
(7) The right does not apply in relation to-
(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 10 object la derogatory treatment of u;ork 
80.-(1) The author of a copyright literary, dramatic, musical or 
artistic work, and the director of a copyright film, has the right in the 
circumstances mentioned in this section not to have his work subjected to 
derogatory treatment. 
(2) For the purposes of this section-
(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. 
(3) In the case of a literary, dramatic or musical work the right is 
infringed by a person who-
(a) publishes commercially, performs in public, broadcasts or 
includes in a cable programme service a derogatory treatment 
of the work; or Right to object to 
derogatory 
treatment of 
work. IP/N/lIGBRJCI1 
Page 48 
c. 48 Copyright, Designs and Patents Act 1988 
PART I (b) issues to the public copies of a film or sound recording of~ or 
Exceptions to 
right. including, a derogatory treatment of the work. 
(4) In the case of an artistic work the right is infringed by a person 
who-
(a) publishes commercially or exhibits in public a derogatory 
treatment of the work, or broadcasts or includes in a cable 
programme service a visual image of a derogatory treatment of 
the work, 
(b) shows in public a film including a visual image of a derogatory 
treatment of the work or issues to the public copies of such a 
film, or 
(c) in the case of-
(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. 
(5) Subsection (4) does not apply to a work of architecture in the form 
of a building; but where the author of such a work is identified on the 
building and it is the subjec"( of derogatory treatme:1t he has the right to 
require the identification to be removed. 
(6) In the case of a film, the right is infringed by a person who-
(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. 
(7) The right conferred by this section extends to the treatment of parts 
of a work resulting from a previous treatment by a person other than the 
author or director, if those parts are attributed to, or are likely to be 
regarded as the work of, the author or director. 
(8) This section has effect subject to sections 81 and 82 (exceptions to 
and qualifications of right). 
81.-(1) The right conferred by section 80 (right to object to derogatory 
treatment of work) is subject to the following exceptions. 
(2) The right does not apply to a computer program or to any 
computer-generated work. 
(3) The right does not apply in relation to any work made for the 
purpose of reportmg current events. 
(4) The right does not apply in relation to the publication in­
(a) a newspaper, magazine or similar periodical, or IP/N/1/GBRlC/l 
Page 49 
Copyright, Designs and Patents Act 1988 c. 48 
(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. 
(5) The right is not infringed by an act which by virtue of section 57 
(anonymous or pseudonymous works: acts permitted on assumptions as 
to expiry of copyright or death of author) would not infringe copyright. 
(6) The right is not infringed by anything done for the purpose of­
(a) avoiding the commission of an offe~ce, 
(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. 
82.-{l) This section applies to-
(a) works in which copyright originally vested in the author's 
employer by virtue of section 11(2) (works produced in course 
of employment) or in the director's employer by virtue of 
section 9(2)(a) (person to be treated as author of film), 
(b) works in which Crown copyright or Parliamentary copyright 
subsists, and 
(c) works in which copyright originally vested in an international 
organisation by virtue of section 168. 
(2) The right conferred by section 80 (right to object to derogatory 
treatment of work) does not apply to anything done in relation to such a 
work by or with the authority of the copyright owner unless the author or 
director-
(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. 
83.-{1) The right conferred by section 80 (right to object to derogatory 
treatment of work) is also infringed by a person who-
(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 PART I 
Qualification of 
right in certain 
cases. 
Infringement of 
right by 
possessing or 
dealing with 
infringing article. IP IN 11 IGBRlCI 1 
Page 50 
c.48 Copyright, Designs and Patents Act 1988 
PART I (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. 
(2) An "infringing article" means a work or a copy ef a work which­
(a) has been subjected to derogatory treatment 'vithin the meaning 
of section 80, and 
(b) has been or is likely to be the subject of a_ly c~ the acts mentioned 
in that section i:1 drcumstances infringing that right. 
False attribution of work 
False attribution 84.-{ 1) A person has the right in the circumstances mentioned in this 
of work. section-
(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 "attributicn", in relation to such a work, means a 
statement (express or implied) as to who is the author or director. 
(2) The right is infrir ged by a person who--
(a) issues to the public copies of a work of any of those descriptions 
in or on which there is a false attribution, or 
(b) exhibits in public an artistic work, or a copy of an artistic work, 
in or on which there is a false attribution. 
(3) The right is also infringed by a person who-
(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. 
(4) The right is also infringed by the issue to the public or public 
display of material containing a false attribution in connection with any 
of the acts mentioned in subsection (2) or (3). 
(5) The right is also infringed by a person who in the course of a 
business-
(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. IP/N/lIGBRlC/1 
Page 51 
Copyright, Designs and Patents Act 1988 c.48 
(6) In the case of an artistic work the right is also infringed by a person 
who in the course of a business-
(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. 
(7) References in this section to dealing are to selling or letting for hire, 
offering or exposing for sale or hire, exhibiting in public, or distributing. 
(8) This section applies where, contrary to the fact-
(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 andfilms 
85.-{ 1) A person who for private and domestic purposes commissions 
the taking of a photograph or the making of a film has, where copyright 
subsists in the resulting work, the right not to have-
(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. 
(2) The right is not infringed by an act which by virtue of any of the 
following provisions would not infringe copyright in the work-
(a) section 31 (incidental inclusion of work in an artistic work, film, 
broadcast or cable programme); 
(b) section 45 (parliamentary and judicial proceedings); 
(c) section 46 (Royal Commissions and statutory inquiries); 
(d) section 50 (acts done under statutory authority); 
(e) section 57 (anonymous or pseudonymous works: acts permitted 
on assumptions as to expiry of copyright or death of author). 
Supplementary PART I 
Right to privacy 
of certain 
photographs and 
films. 
86.-(1) The rights conferred by section 77 (right to be identified as Duration of 
author or director), section 80 (right to object to derogatory treatment of rights. 
work) and section 85 (right to privacy of certain photographs and films) 
continue to subsist so long as copyright subsists in the work. 
(2) The right conferred by section 84 (false attribution) continues to 
subsist until 20 years after a person's death. 
87.-(1) It is not an infringement of any of the rights conferred by this Consent and 
Chapter to do any act to which the person entitled to the right has waiver of rights. 
consented. IP/NIlIGBRlCI 1 
Page 52 
PART I 
Application of 
provisions to joint 
works. c. 48 Copyright. Designs and Patents Act 1988 
(2) Any of those rights may be waived by instrument in writing signed 
by the person giving up the right. 
(3) A waiver-
(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 ifmade in favour of the owner or prospective owner of the copyright 
in:he 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. 
(4) Nothing in this Chapter shall be construed as excluding the 
operation of the general law of contract or estoppel in relation to an 
informal waiver or other transaction in relation to any of the rights 
mentioned in subsection (1). 
88.-(1) The right conferred by section 77 (right to be identified as 
author or director) is, in the case of a work of joint a'lthorship, a right of 
eachju.iilt author to bt identified as a joint authcr anc must be asserted in 
accorcance with section 78 by each joint author in relation to himself. 
(2) The right conferred by section 80 (right to object to derogatory 
treatment of work) is~ in the case of a work of joint authorship, a right of 
each joint author and his right is satisfied if he consents to the treatment 
in question. 
(3) A waiver under section 87 of those rights by one joint author does 
not affect the rights of the other joint authors. 
(4) The right conferred by section 84 (false attribution) is infringed, in 
the circumstances mentioned in that section-
(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. 
(5) The above provisions also apply (with any necessary adaptations) 
in relation to a film which was, or is alleged to have been,jointiy directed, 
as they apply to a work which is, or is alleged to be, a work of joint 
authorship. 
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. 
(6) The right conferred by section 85 (right to privacy of certain 
photographs and films) is, in the case of a wo!"k made in pursuance of a 
joint commission, a right of each person who commissioned the making 
of the work, so that-
(a) the right of each is satisfied if he consents to the act in question, 
and IP/NI1 IGBRlCI1 
Page 53 
Copyright, Designs and Patents Act 1988 c.48 
(b) a waiver under section 87 by one of them does not affect the rights 
of the others. 
89.--(1) The rights conferred by section 77 (right to be identified as 
author or director) and section 85 (right to privacy of certain photographs 
and films) apply in relation to the whole or any substantial part of a work. 
(2) The rights conferred by section 80 (right to object to derogatory 
treatment of work) and section 84 (false attribution) apply in relation to 
the whole or any part of a work. 
CHAPTER V 
DEALINGS WITH RIGHTS IN COPYRIGHT WORKS 
Copyright PART I 
Application of 
provisions to parts 
of works. 
90.--(1) Copyright is transmissible by assignment, by testamentary Assignment and 
disposition or by operation of law, as personal or moveable property. licences. 
(2) An assignment or other transmission of copyright may be partial, 
that is, limited so as to apply-
(a) to one or more, but not all, of the things the copyright owner has 
the exclusive right to do; 
(b) to part, but not the whole, of the period for which the copyright 
is to subsist. 
(3) An assignment of copyright is not effective unless it is in writing 
signed by or on behalf of the assignor. 
(4) A licence granted by a copyright owner is binding on every 
successor in title to his interest in the copyright, except a purchaser in 
good faith for valuable consideration and without notice (actual or 
constructive) of the licence or a person deriving title from such a 
purchaser; and references in this Part to doing anything with, or without, 
the licence of the copyright owner shall be construed accordingly. 
91.--( 1) Where by an agreement made in relation to future copyright, Prospective 
and signed by or on behalf of the prospective owner of the copyright, the ownership of 
prospective owner purports to assign the future copyright (wholly or copyright. 
partially) to another person, then if, on the copyright coming into 
existence, the assignee or another person claiming under him would be 
entitled as against all other persons to require the copyright to be vested 
in him, the copyright shall vest in the assignee or his successor in ti tIe by 
virtue of this subsection. 
(2) In this Part-
"future copyright" means copyright which will or may come into 
existence in respect of a future work or class of works or on the 
occurrence of a future event; and 
"prospective owner" shall be construed accordingly, and includes a 
person who is prospectively entitled to copyright by virtue of 
such an agreement as is mentioned in subsection (1). 
(3) A licence granted by a prospective owner of copyright is binding on 
every successor in title to his interest (or prospective interest) in the right, 
except a purchaser in good faith for valuable consideration and without 
notice (actual or constructive) of the licence or a person deriving title from IP/N/lIGBRlC/1 
Page 54 
c.48 Copyright, Designs and Patents Act 1988 
PART I such a purchaser; and references in this Part to doing anything with, or 
without, the licence of the copyright owner shall be construed 
accordingly. 
Exclusive licences. 92.--( 1) In this Part an "exclusive licence" means a licence in writing 
signed by or on be~alf of the copyright owner authorising the licensee to 
the exclusion of all other persons, including the person granting the 
licence, to exercise a right which would otherwise be exercisable 
exclusively by the copyright owner. 
(2) The licensee under an exclusive licence has the same rights against 
(i successor in title whc is hound by the licence as he has against the person 
granting the licence. 
Copyright to pass 93. Where under a bequest (whether spe~ific or general) a person is 
under will with entitled, beneficially or otherwise, to--
unpublished work. (a) an original document or other material thing recording or 
Moral rights not 
assigna ble. 
Transmission of 
moral rights on 
death. embodying a literary, dramatic, musical or artistic work which 
was not published before the death of the test3tor, 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. 
M oral rights 
94. The rights conferred by Chapter IV (moral rights) are not 
assigna bIe. 
95.--( 1) On the death of a person entitled to the right conferred by 
section 77 (right to identification of author or director), section 80 (right 
to object to derogatory treatment of work) or section 85 (right to privacy 
of certain photographs and films)-
(a) the right passes to' such person as he may by testamentary 
disposition specifically direct, 
(b) if there is no such direction but the copyright in the work in 
question forms part of his estate, the right passes to the person 
to whom the copyright passes, and 
(c) if or to the extent that the right does not pass under paragraph 
(a) or (b) it is exercisable by his personal representatives. 
(2) Where copyr:ght forming part ofa person's estate passes in part to 
oue person and in part to another, as for example where a bequest is 
limited so as to apply-
(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 (I) is 
correspondingly divided. IP/NI 1 IGBRfCI 1 
Page 55 
Copyright, Designs and Patents Act 1988 c.48 
(3) Where by virtue of subsection (l)(a) or (b) a right becomes 
exercisable by more than one person-
(a) it may, in the case of the right conferred by section 77 (right to 
identification of author or director), be asserted by any of them; 
(b) it is, in the case of the right conferred by section 80 (right to 
object to derogatory treatment of work) or section 85 (right to 
privacy of certain photographs and films), a right exercisable by 
each of them and is satisfied in relation to any of them if he 
consents to the treatment or act in question; and 
(c) any waiver of the right in accordance with section 87 by one of 
them does not affect the rights of the others. 
(4) A consent or waiver previously given or made binds any person to 
whom a right passes by virtue of subsection (1). 
(5) Any infringement after a person's death of the right conferred by 
section 84 (false attribution) is actionable by his personal representatives. 
(6) Any damages recovered by personal representatives by virtue of 
this section in respect of an infringement after a person's death shall 
devolve as part of his estate as if the right of action had subsisted and been 
vested in him immediately before his death. 
CHAPTER VI 
REMEDIES FOR Il"FRINGEMENT 
Rights and remedies of copyright owner 
96.-{1) An infringement of copyright is actionable by the copyright 
owner. 
(2) In an action for infringement of copyright all such relief by way of 
damages, injunctions, accounts or otherwise is available to the plaintiff as 
is available in respect of the infringement of any other property right. 
(3) This section has effect subject to the following provisions of this 
Chapter. 
97.-(1) Where in an action for infringement of copyright it is shown 
that at the time of the infringement the defendant did not know, and had 
no reason to believe, that copyright subsisted in the work to which the 
action relates, the plaintiff is not entitled to damages against him, but 
without prejudice to any other remedy. 
(2) The court may in an action for infringement of copyright having 
regard to ail the circumstances, and in particular to-
(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. 
98.-(1) If in proceedings for infringement of copyright in respect of 
which a ·licence is available as of right under section 144 (powers 
exercisable in consequence of report of Monopolies and Mergers 
Commission) the defendant undertakes to take a licence on such terms as 
may be agreed or, in default of agreement, settled by the Copyright 
Tribunal under that section-PART I 
Infringement 
actionable by 
copyright owner. 
Provisions as to 
damages in 
infringement 
action. 
Undertaking to 
take licence of 
right in 
infringement 
proceedings. IP/N/lIGBRlC/l 
Page 56 
c. 48 Copyright, Designs and Patents Act /988 
PART I (a) no injunction shall be granted against him, 
Order for delivery 
up. 
Right to seize 
infringing copies 
and other articles. (b) no order for delivery up shall be made under section 99, and 
(c) the amount recoverable against him by way of damages or on an 
account of profits shall not exceed double the amount which 
would have been payable by him as licensee if such a licence on 
those tenns had been granted before the earliest infringement. 
(2) An undertaking may be given at any time before final order in the 
proceedings, without any admission of liability. 
(3) Nothing in this section affects the remedies available in respect of 
an infringement committed before licences of right were available. 
99.~1) Where a person-
(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. 
(2) An application shall not be made after the end of the period 
specified in section 113 (period after which remedy of delivery up not 
available); and no order shall be made unless the court also makes, or it 
appears to the court that there are grounds for making, an order under 
section 114 (order as to disposal of infringing copy or other article). 
(3) A person to whom an infringing copy or other article is delivered 
up in pursudnce of an order under this section shall, if an order under 
section 114 is not made, retain it pending the making of an order, or the 
decision not to make an order, under that section. 
(4) Nothing in this section affects any other power of the court. 
100.-(1) An infringing copy of a work which is found exposed or 
otherwise immediately available for sale or hire, and in respect of which 
the copyright owner would be entitled to apply for an order under section 
99, may be seized and detained by him or a person authorised by him. 
The right to seize and detain is exercisable subject to the follo\\;ng 
conditions and is subject to any decision of the court under section 114. 
(2) Before anything is seized under this section notice of the time and 
place of the proposed seizure must be given to a local police station. 
(3) A person may for the purpose of exercising the right conferred by 
this section enter premises to which the public have access but may not 
seize anything in the possession, custody or control of a person at a 
permanent or regular place of business of his, and may not use any force. 
(4) At the time when anything is seized under this section there shall be 
left at the place where it was :;eized a notice in the prescribed form 
containing the prescribed particulars as to the person by whom or on 
whose authority the seizure is made and the grounds on which it is made. IP/N/lIGBRlC/l 
Page 57 
Copyright. Designs and Patents Act 1988 c.48 
(5) In this section-
"premises" includes land, buildings, moveable structures, vehicles, 
vessels, aircraft and hovercraft; and 
"prescribed" means prescribed by order of the Secretary of State. 
(6) An order of the Secretary of State under this section shall be made 
by statutory instrument which shall be subject to annulment in pursuance 
of a resolution of either House of Parliament. 
Rights and remedies of exclusive licensee PART I 
lOl.-{l) An exclusive licensee has, except against the copyright Rights and 
owner, the same rights and remedies in respect of matters occurring after remedies of 
the grant of the licence as if the licence had been an assignment. exclusive licensee. 
(2) His rights and remedies are concurrent with those of the copyright 
owner; and references in the relevant provisions of this Part to the 
copyright owner shall be construed accordingly. 
(3) In an action brought by an exclusive licensee by virtue of this 
section a defendant may avail himself of any defence which would have 
been available to him if the action had been brought by the copyright 
owner. 
lO2.-(1) Where an action for infringement of copyright brought by Exercise of 
the copyright owner or an exclusive licensee relates (wholly or partly) to concurrent rights. 
an infringement in respect of which they have concurrent rights of action, 
the copyright owner or, as the case may be, the exclusive licensee may not, 
without the leave of the court, proceed with the action unless the other is 
either joined as a plaintiff or added as a defendant. 
(2) A copyright owner or exclusive licensee who is added as a 
defendant in pursuance of subsection (1) is not liable for any costs in the 
action unless he takes part in the proceedings. 
(3) The above provisions do not affect the granting of interlocutory 
relief on an application by a copyright owner or exclusive licensee alone. 
(4) Where an action for infringement of copyright is brought which 
relates (wholly or partly) to an infringement in respect of which the 
copyright owner and an exclusive licensee have or had concurrent rights 
of action-
(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 copyright owner and the 
exclusive licensee are both parties to the action. IP/N/1/GBRlC/l 
Page 58 
PART I 
Remedies for 
infringement of 
moral rights. 
Presumptions 
relevant to 
literary, dramatic, 
musical and 
artistic works. c.48 Copyright, Designs and Patents Act 1988 
(5) The copyright owner shall notify any exclusive licensee having 
concurrent rights before applying for an order under section 99 (order for 
delivery up) or exercising the right conferred by section 100 (right of 
seizure); and the court may on the application of the licensee make such 
order under section 99 0r, as the case may be, prohibiting or permitting 
the exercise by the copyright owner of the right conferred by section 100, 
a~ it thinks fit having regard to the terms of the licence. 
Remedies for infringement of moral rights 
103.--(1) An infringement of a right conferred by Chapter IV (moral 
rights) i~ actionable as a breach of statutory duty owed to the person 
entitled to the right. 
(2) In proceedings for infringement of the right conferred by section 80 
(right to object to derogatory treatment of work) the court may, if it 
thinks it is an adequate remedy in the circumstances, grant an injunction 
on terms prohibiting the doing of any act unless a disclaimer is made, in 
such terms and in such manner as may be approved by the court, 
dissociating the author or director from the treatment of the work. 
Presumptions 
104.--(1) The following presumptions apply in proceedings brought by 
vi:·tue of this Chapter with respect to a literary, dramatic, rr.usical or 
ar~istic work. 
(2) Where a name purporting to be that of the author appeared on 
copies of the work as published or on the work when it was made, the 
person whose name appeared shall be presumed, until the contrary is 
proved-
(a) to be the author of the work; 
(b) to have made it in circumstances not falling within section 11 (2), 
163, 165 or 168 (works produced in course of employment, 
Crown copyright, Parliamentary copyright or copyright of 
certain international organisations). 
(3) In the case of a work alleged to be a work of joint authorship. 
subsection (2) applies in relation to each person alleged to be one of the 
authors. 
(4) Where no name purporting to be that of the author appeared as 
mentioned in subsection (2) but-
(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 ~he owner of the copyright at the time of publication. 
(5) If the author of the work is dead or the identity of the author cannot 
be ascert~ined by reasonable inquiry, it shall be presumed, in the absence 
of evidence to the contrary-
(a) that the work is an original work, and 
(b) that the plaintiff's allegations as to what was the first publication 
of the work and as to the country of first publication are correct. IP/NIlIGBRlCI 1 
Page 59 
Copyright. Designs and Patents Act 1988 c.48 
105.-(1) In proceedings brought by virtue of this Chapter with respect 
to a sound recording, where copies of the recording as issued to the public 
bear a la bel or other mark sta ting-
(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. 
(2) In proceedings brought by virtue of this Chapter with respect to a 
film, where copies of the film as issued to the public bear a statement-
(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. 
(3) In proceedings brought by virtue of this Chapter with respect to a 
computer program, where copies of the program are issued to the public 
in electronic form bearing a statement-
(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. 
(4) The above presumptions apply equally in proceedings relating to 
an infringement alleged to have occurred before the date on which the 
copies were issued to the public. 
(5) In proceedings brought by virtue of this Chapter with respect to a 
film, where the film as shown in public, broadcast or included in a cable 
programme service bears a statement-
(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. PART I 
Presumptions 
relevant to sound 
recordings and 
films. 
106. In proceedings broll;ght by virtue of this Chapter with respect to Presumptions 
a literary, dramatic or musical work in which Crown copyright subsists, relevant to works 
where there appears on printed copies of the work a statement of the year subject to Crown 
in which the work was first published commercially, that statement shall copyright. 
be admissible as evidence of the fact stated and shall be presumed to be 
correct in the absence of evidence to the contrary. IP/N/lIGBRlC/l 
Page 60 
PART I 
Criminal liability 
for making or 
dealing with 
infringing articles, 
&c. c.48 Copyright, Designs and Patents Act 1988 
Offences 
107.--(1) A person commits an offence who, without the licence of the 
copyright owner-
(a) makes for sale or hire, or 
~b) imports into the United Kingdom otherwise than for his private 
and domestic use, or 
(c) possesses in the course of a business with a view to committing 
any act infringing the copyright, or 
(d) in the course of a business -
(i) sells or kts for hire, or 
(ii) offers or exposes for sale or hire, or 
(iii) exhibits in public, or 
(iv) distributes, or 
(e) 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 a copyright work. 
(2) A person commits an offence who-
(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. 
(3) Where copyright is infringed (otherwise than by reception of a 
broadcast or cable programme)--
(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. 
(4) A person guilty of an offence under subsection (l)(a), (b), (d)(iv) or 
(e) is liable-
(a) on summary conviction to imprisonment for a term not 
exceeding six months or a fine not exceeding the statutory 
maximum, or both; 
(b) on conviction on indictment to a fine or imprisonment for a term 
not exceeding two years, or both. 
(5) A person guilty of any other offence under this section is liable on 
summary conviction to imprisonment for a term not exceeding six 
months or a fine not exceeding levelS on the standard scale, or both. 
(6) Sections 104 to 106 (presumptions as to various matters connected 
with copyright) do not apply to proceedings for an offence under this 
section; but without prejudice to their application in proceedings for an 
order under section 108 below. IP/NI 11 GBRlC I 1 
Page 61 
Copyright, Designs and Patents Act 1988 c.48 
lOS.--{l) The court before which proceedings are brought against a PART J 
person for an offence under section 107 may, if satisfied that at the time Order for delivery 
of his arrest or charge- 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. 
(2) For this purpose a person shall be treated as charged with an 
offence-
(a) in England, Wales and Northern .Ireland, when he is orally 
charged or is served with a summons or indictment; 
(b) in Scotland, when he is cautioned, charged or served with a 
complaint or indictment. 
(3) An order may be made by the court of its own motion or on the 
application of the prosecutor (or, in Scotland, the Lord Advocate or 
procurator-fiscal), and may be made whether or not the person is 
convicted of the offence, but shall not be made-
. (a) after the end of the period specified in section 113 (period after 
which remedy of delivery up not available), or 
(b) if it appears to the court unlikely that any order will be made 
under section 114 (order as to disposal of infringing copy or 
other article). 
(4) An appeal lies from an order made under this section by a 
magistrates' court-
(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. 
(5) A person to whom an infringing copy or other article is delivered 
up in pursuance of an order under this section shall retain it pending the 
making of an order, or the decision not to make an order, under 
section 114. 
(6) Nothing in this section affects the powers of the court under section 
43 of the Powers of Criminal Courts Act 1973, section 223 or 436 of the 
Criminal Procedure (Scotland) Act 1975 or Article 7 of the Criminal 
Justice (Northern Ireland) Order 1980 (general provisions as to forfeiture 
in criminal proceedings). 
l09.--{ 1) Where a justice of the peace (in Scotland, a sheriff or justice 
of the peace) is satisfied by information on oath given by a constable (in 
Scotland, by evidence on oath) that there are reasonable grounds for 
believing-1973 c. 62. 
1975 c. 21. 
S.l. 19801704 
(N.I. 6). 
Search warrants. IP/NIlIGBRlCI 1 
Page 62 
PART I 
1984 c. 60. c.48 Copyright, Designs and Patents Act 1988 
(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. 
(2) The power conferred by subsection (1) does not, in England and 
Wales, extend to authorising a search for material of the kinds mentioned 
in section 9(2) of the Police s nd Criminal Evide~1-.:e Act 1984 (certain 
classes of personal or confiden tial material). 
(3) A warrant under this section-
(a) may authorise persons to accompany any constable executing 
the warrant, and 
(b) remains in force for 28 days from the date of its issue. 
(4) In executing a warrant issued under this section a constable may 
seize an article ifhe reasonably believes that it is evidence that any offence 
under section 107(1) has been or is about to be committed. 
(5) !n this section "premises" includes land, buildings, moveable 
structl'.res, vehicles, vessels, aircraft and hovercraft. 
Offence by bojy 110.--( 1) Where an offence under section 107 committed by a body 
corporate: corporate is proved to have been committed with the consent or 
liability of owcers. conmvance of a director, manager, secretary or other similar officer of the 
Infringing copies 
ma y be trea ted as 
prohibited goods. body, or a person purporting to act in any such capacity, he as well as the 
body corporate is guilty of the offence and liable to be proceeded against 
and punished accordingly. 
(2) In relation to a body corporate whose affairs are managed by its 
members "director" means a member of the body corporate. 
Provision for preventing importation of infringing copies 
111.-(1) The owner of the copyright in a published literary, dramatic 
or musical work may give notice in writing to the Commissioners of 
Customs and Excise-
(a) that he is the owner of the copyright in the work, and 
(b) that he requests the Commissioners, for a period specified in the 
notice, to treat as prohibited goods printed copies of the work 
which are infringing copies. 
(2) The period specified in a notice under subsection (I) shall not 
exceed five years and shall not extend beyond the period for which 
copyright is to subsist. 
(3) The owner of the copyright in a sound recording or film may give 
notice in writing to the Commissioners 8f Customs and Ehcise-
(a) that he is the owner of the copyright ill the work, 
(b) that infringing copies of the work are expected to arrive in the 
United Kingdom at a time and a place specified in the notice, 
and 
(c) that he requests the Commissioners to treat the copies as 
prohibited goods. IP/N/lIGBRlC/l 
Page 63 
Copyright, Designs and Patents Act 1988 c.48 
(4) When a notice is in force under this section the importation of 
goods to which the notice relates, otherwise than by a person for his 
private and domestic use, is prohibited; but a person is not by reason of 
the prohibition liable to any penalty other than forfeiture of the goods. 
112.-{I) The Commissioners of Customs and Excise may make 
regulations prescribing the form in which notice is to be given under 
section III and requiring a person giving notice-
(a) to furnish the Commissioners with such evidence as may be 
specified in the regulations, either on giving notice or when the 
goods are imported, or at both those times, and 
(b) to comply with such other conditions as may be specified in the 
regulations. 
(2) The regulations may, in particular, require a person giving such a 
notice-
(a) to pay such fees in respect of the notice as may be specified by the 
regulations; 
(b) to give such security as may be so specified in respect of any 
liability or expense which the Commissioners may incur in 
consequence of the notice by reason of the detention of any 
article or anything done to an article detained; 
. (c) to indemnify the Commissioners against any such liability or 
expense, whether security has been given or not. 
(3) The regulations may make different provision as respects different 
classes of case to which they apply and may include such incidental and 
supplementary provisions as the Commissioners consider expedient. 
(4) Regulations under this section shall be made by statutory 
instrument which shall be subject to annulment in pursuance of a 
resolution of either House of Parliament. PART I 
Power of 
Commissioners of 
Customs and 
Excise to make 
regulations. 
(5) Section 17 of the Customs and Excise Management Act 1979 1979 c. 2. 
(general provisions as to Commissioners' receipts) applies to fees paid in 
pursuance of regulations under this section as to receipts under the 
enactments relating to customs and excise. 
Supplementar)' 
113.-{ 1) An application for an order under section 99 (order for Period after which 
delivery up in civil proceedings) may not be made after the end of the remedy of delivery 
period of six years from the date on which the infringing copy or article in up not available. 
question was made, subject to the following provisions. 
(2) If during the whole or any part of that period the copyright 
owner-
(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. IP/NI lIGBRfCI 1 
Page 64 
PART I 
1980 c. 58. 
1973 c. 52. 
1958 c. 10 (N.I.). 
Order as to 
disposal of 
infringing copy or 
other article. 
1938 c. 22. c.48 Copyright, Designs and Patents Act 1988 
(3) In subsection (2) "disability"-
(a) in England and Wales, has the same meaning as in the Limitation 
Act 1980; 
(b) in Scotland, means legal disability within the meaning of the 
Prescrip~ion and l imitation (Scotland) Act 1973; 
(c) in Northern Ireland, has the same meaning as in the Statute of 
Limitations (Northern Ireland) 1958. 
(4) An order under section 108 (order for delivery up in criminal 
proceedings) shall not, in any case, be made after the end of the period of 
six years from the date on which the infringing copy or article in question 
was made. 
114.--( 1) An application may be made to the court for an order that an 
infringing copy or other article delivered up in pursuance of an order 
under section 99 or 108, or seized and detained in pursuance of the right 
conferred by section 100, shall be-
(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. 
(2) In considering what order (if any) should be made, the court shall 
consider whether other remedies available in an action for infringement 
of copyright would be adequate to compensate the copyright owner and 
to protect his interests. 
(3) Provision shall be made by rules of court as to the service of notice 
on persons having an interest in the copy or other articles, and any such 
person is entitled-
(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, ifbefore the end of that period notice 
of appeal is duly given, until the final determination or abandonment of 
the proceedings on the appeal. 
(4) Where there is more than one person interested in a copy or other 
article, the court shall make such order as it thinks just and may (in 
particular) direct that the article be sold, or otherwise dealt with, and the 
proceeds divided. 
(5) If the court decides that no order should be made under this 
section, the person in whose possession, custody or control the copy or 
other article was before being delivered up or seized is entitled to its 
return. 
(6) References in this se~tion to a person having an interest in a copy 
or other article include any person in whose favour an order could be 
made in respect of it under this section or under section 204 or 231 of this 
Act or section 58C of the Trade Marks Act 1938 (which make similar 
provision in relation to infringement of rights in performances, design 
right and trade marks). IP/N/lIGBRlC/l 
Page 65 
Copyright, Designs and Patents Act 1988 c.48 
115.--{1) In England, Wales and Northern Ireland a county court may 
entertain proceedings under-
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. 
(2) In Scotland proceedings for an order under any of those provisions 
may be brought in the sheriff court. 
(3) Nothing in this section shall be construed as affecting the 
jurisdiction of the High Court or, in Scotland, the Court of Session. 
CHAPTER VII 
COPYRIGHT LICENSING 
Licensing schemes and licensing bodies 
116.-(1) In this Part a "licensing scheme" means a scheme setting 
out-
(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. 
(2) In this Chapter a "licensing body" means a society or other 
organisation which has as its main object, or one of its main objects, the 
negotiation or granting, either as owner or prospective owner of 
copyright or as agent for him, of copyright licences, and whose objects 
include the granting of licences covering works of more than one author. 
(3) In this section "copyright licences" means licences to do, or 
authorise the doing of, any of the acts restricted by copyright. 
(4) References in this Chapter to licences or licensing schemes covering 
works of more than one author do not include licences or schemes 
covering only-
(a) a single collective work or collective works of which the authors 
are the same, or 
(b) works made by, or by employees of or commissioned by, a single 
individual, firm, company or group of companies. 
For this purpose a group of companies means a holding company and PART I 
Jurisdiction of 
county court and 
sheriff court. 
Licensing schemes 
and licensing 
bodies. 
its subsidiaries, within the meaning of section 736 of the Companies Act 1985 c. 6. 
1985. IP/NIlIGBRlCI1 
Page 66 
c.48 Copyright, Designs and Patents Act 1988 
PART I References and applications with respect to licensing schemes 
Licensing schemes 
to which ss. 1 18 to 
123 apply. 
Reference of 
proposed 
licensing scheme 
to tribunal. 
Reference of 
licensing scheme 
to tribunal. 117. Sections 118 to 123 (references and applications with respect to 
licensing schemes) apply to-
(a) licensing schemes operated by licensing bodies in relation to the 
copyright in literary, dramatic, musical or artis .. ic works or films 
(or film sound-tracks when accompanying a film) which cover 
works of more than one author, so far as they relate to licences 
for-
(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; 
(b) all licensing schemes in relation to the copyright in sound 
recording~ (other than film sound-tracks when accompanying a 
film), broadcasts or cable programmes, or the typographical 
arrangement of published editions; and 
(c) all licensing schemes in relation to the copyright in sound 
recordings, films or computer programs so far as they relate to 
licences for the rental of copies to the public; 
and in those sections "licensing scheme" means a licensing scheme of any 
of those descriptions. 
118.-{ 1) The terms of a licensing scheme proposed to be operated by 
a licensing body may be referred to the Copyright Tribunal by an 
organisation claiming to be representative of persons claiming that they 
require licences in cases of a description to which the scheme would apply, 
either generally or in relation to any description of case. 
(2) The Tribunal shall first decide whether to entertain the reference, 
and may decline to do so on the ground that the reference is premature. 
(3) If the Tribunal decides to entertain the reference it shall consider 
the matter referred and make slier. order, either ccnfirming or varying the 
proposed scheme, either generally or so far as it relates to cases of the 
description to which t'le reference relates, as the Tribunal may determine 
to be reasonable in tht: circumstances. 
(4) The order may be made so as to be in force indefinitely or for such 
period as the Tribunal may determine. 
119.-{ I) If while a licensing scheme is in operation a dispute arises 
between the operator of the scheme and-
(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, 
thal person or o:ganisation may refer the scheme to the Copyright 
Tribunal in so far as :t relates to cases of that description. 
(2) A scheme which has been referred to the Tribunal under this 
section shall remalll in operation until proceedings on the reference are 
concluded. IP/N/lIGBRlC/l 
Page 67 
Copyright. Designs and Patents Act 1988 c.48 
(3) The Tribunal shall consider the matter in dispute and make such 
order, either confirming or varying the scheme so far as it relates to cases 
of the description to which the reference relates, as the Tribunal may 
determine to be reasonable in the circumstances. 
(4) The order may be made so as to be in force indefinitely or for such 
period as the Tribunal may determine. 
120.-(1) Where the Copyright Tribunal has on a previous reference of 
a licensing scheme under section 118 or 119, or under this section, made 
an order with respect to the scheme, then, while the order remains in 
force-
(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. 
(2) A licensing scheme shall not, except with the special leave of the 
Tribunal, be referred again to the Tribunal in respect of the same 
description of cases-
(a) within twelve months from the date of the order on the previous 
reference, or 
(b) if the order was made so as to be in force for 15 months or less, 
until the last three months before the expiry of the order. 
(3) A scheme which has been referred to the Tribunal under this 
section shall remain in operation until proceedings on the reference are 
concluded. 
(4) The Tribunal shall consider the matter in dispute and make such 
order, either confirming, varying or further varying the scheme so far as 
it relates to cases of the description to which the reference relates, as the 
Tribunal may determine to be reasonable in the circumstances. 
(5) The order may be made so as to be in force indefinitely or for such 
period as the Tribunal may determine. PART I 
Further reference 
of scheme to 
tribunal. 
121.-( I) A person who claims, in a case covered by a licensing scheme, Application for 
that the operator of the scheme has refused to grant him or procure the grant of licence in 
grant to him of a licence in accordance with the scheme, or has failed to do connection with 
so within a reasonable time after being asked, may apply to the Copyright licensing scheme. 
Tribunal. 
(2) A person who claims, in a case excluded from a licensing scheme, 
that the operator of the scheme either-
(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. IP/N/lIGBRlC/l 
Page 68 
PART I 
Application for 
review of order as 
to entitlement to 
licence. 
Effect of order of 
tribunal as to 
licensing scheme. c.48 Copyrighl. Designs and Patents Act 1988 
(3) A case shall be regarded as excluded from a licensing scheme for the 
purposes of subsection (2) if-
(a) the scheme provides for the grant of licences subject to terms 
excepting matters from the licence and the case falls within such 
an exception, or 
~1:J) the case is so similar to those in which licences are granted under 
~r e scheme that it is unreasonable that it should not be dealt 
with in the same way. 
(4) If the Tribunal is satisfied that the claim is well-founded, it shall 
make a 1 order declaring that, in respect of the matters specified in the 
order, the flpplicant is entitled to a licence on such terms as the Tribunal 
may deterr.line to be applicable in accordance with the scheme or, as the 
case may be, to be reasonable in the circumstances. 
(5) The order may be made so as to be in force indefinitely or for such 
period as the Tribunal may determine. 
122.--(1) Where the Copyright Tribunal has made an order under 
section 121 that a person is entitled te a licence under a licensing scheme, 
the operator of the scheme or the original applicant may apply to the 
Tribunal to review its order. 
(2) An application shall not be made, except with the special leave of 
the Tribunal-
(a) within twelve months from the date of the order, or of the 
decision on a previous application under this section, or 
(b) if the order was made so as to be in force for 15 months or less, or 
as a result of the decision on a previous application under this 
section is due to expire within 15 months of that decision, until 
the last three months before the expiry date. 
(3) The Tribunal shall on an application for review confirm or vary its 
order as the Tribunal may determine to be reasonable having regard to 
the terms applicable in accordance with the licensing scheme or, as the 
case may be, the circumstances of the case. 
123.--( 1) A licensing scheme which has been confirmed or varied by the 
Copyright Tribunal-
(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. 
(2) While the order is in force a person who in a case of a class to which 
the order a pplies-
(a) pays to the operator of the scheme any charges payable under the 
scheme in respe.:t of a licence covering the case in question or, if 
the amount cannot be ascertained, gives an undertaking to the 
operator to pay them when ascertained, and IP/N/1/GBRlC/l 
Page 69 
Copyright, Designs and Patents Act 1988 c.48 
(b) complies with the other tenns applicable to such a licence under 
the scheme, 
shall 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 in accordance with the scheme. 
(3}The Tribunal may direct that the order, so far as it varies the amount 
of charges payable, has effect from a date before that on which it is made, 
but not earlier than the date on which the reference was made or, if later, 
on which the scheme came into operation. 
If such a direction is made-
(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. 
(4) An order of the Tribunal under section 119 or 120 made with 
respect to a scheme which is certified for any purpose under section 143 
has effect, so far as it varies the scheme by reducing the charges payable 
for licences, from the date on which the reference was made to the 
Tribunal. 
(5) Where the Tribunal has made an order under section 121 (order as 
to entitlement to licence under licensing scheme) and the order remains in 
force, the person in whose favour the order is made shall if he-
(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 PART I 
124. Sections 125 to 128 (references and applications with respect to Licences to which 
licensing by licensing bodies) apply to the following descriptions of ss. 125 to 128 
licence granted by a licensing body otherwise than in pursuance of a apply. 
licensing scheme-
(a) licences relating to the copyright in literary, dramatic, musical or 
artistic works or films (or film sound-tracks when 
accompanying a film) which cover works of more than one 
author, so far as they authorise-
(i) copying the work, 
(ii) perfonning, playing or showing the work in public, or 
(iii) broadcasting the work or including it in a cable 
programme service; IP/N/lIGBR/C/l 
Page 70 
c.48 Copyright, Designs and Patents Act 1988 
PART J (b) any licence relating to the copyright in a sound recording (other 
Reference to 
tribunal of 
proposed licence. 
Reference to 
tribunal of 
expiring licence. 
Application for 
review of order as 
to licence. than a film sound-track when accompanying a film), broadcast 
or cable programme, or the typographical arrangement of a 
published edition; and 
(c) all licences in relation to the copyright in sound recordings, films 
or computer programs so far as they relate to the rental of copies 
to the public; 
and in those sections a "licence" means a licence of any of those 
descriptions. 
125.-{l) The terms on which a licensing body proposes to grant a 
licence may be referred to the Copyright Tribunal by the prospective 
licensee. 
(2) The Tribunal shall first decide whether to entertain the reference, 
and may decline to do so on the ground that the reference is premature. 
(3) If the Tribunal decides to entertain the reference it shall consider the 
terms of the proposed licence and make such order, either confirming or 
varying the terms, as it may determine to be reasonable in the 
circumstances. 
(4) The order may be made so as to be in force indefinitely or for such 
period as the Tribunal may determine. 
126.-{1) A licensee under a licence which is due to expire, by effiuxion 
of time or as a result of notice given by the licensing body, may apply to 
the Copyright Tribunal on the ground that it is unreasonable in the 
circumstances that the licence should cease to be in force. 
(2) Such an application may not be made until the last three months 
before the licence is due to expire. 
(3) A licence in respect of which a reference has been made to the 
Tribunal shall remain in operation until proceedings on the reference are 
concluded. 
(4) If the Tribunal finds the application well-founded, it shall make an 
order declaring that the licensee shall continue to be entitled to the benefit 
of the licence on such terms as the Tribunal may determine to be 
reasonable in the circumstances. 
(5) An order of the Tribunal under this section may be made so as to 
be in force indefinitely or for such period as the Tribunal may determine. 
127.-{ I) Where the Copyright Tribunal has made an order under 
section 125 or 126, the licensing body or the person entitled to the benefit 
of the order may apply to the Tribunal to review its order. 
(2) An application shall not be made, except with the special leave of 
the TribunaI-
(a) within twelve months from the date of the order or of the 
decision on a previous application under this section, or 
(b) if the order was made so as to be in force for 15 months or less, 
or as a result ('fthe decision on a previous application under this 
section is due to expire within 15 months of that decision, until 
the last three months before the expiry date. IP/NIl/GBRlCI 1 
Page 71 
Copyright, Designs and Patents Act 1988 c.48 
(3) The Tribunal shall on an application for review confirm or vary its 
order as the Tribunal may determine to be reasonable in the 
circumstances. PART I 
128.--{ 1) Where the Copyright Tribunal has made an order under Effect of order of 
section 125 or 126 and the order remains in force, the person entitled to tribunal as to 
the benefit of the order shall if he- licence. 
(a) pays to the licensing body 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. 
(2) The benefit of the order may be assigned-
(a) in the case of an order under section 125, if assignment is not 
prohibited under the terms of the Tribunal's order; and 
(b) in the case of an order under section 126, if assignment was not 
prohibited under the terms of the original licence. 
(3) The Tribunal may direct that an order under section 125 or 126, or 
an order under section 127 varying such an order, so far as it varies the 
amount of charges payable, has effect from a date before that on which it 
is made, but not earlier than the date on which the reference or 
application was made or, if later, on which the licence was granted or, as 
the case may be, was due to expire. 
If such a direction is made-
(a) any necessary repayments, or further payments, shall be made in 
respect of charges already paid, and 
(b) the reference in subsection (l)(a) to the charges payable in 
accordance with the order shall be construed, where the order is 
varied by a later order, as a reference to the charges so payable 
by virtue of the later order. 
Factors to be taken into account in certain classes of case 
129. In determining what is reasonable on a reference or application General 
under this Chapter relating to a licensing scheme or licence, the Copyright considerations: 
Tribunal shall have regard to-- 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. IP/NIlIGBR/C/l 
Page 72 
PART I 
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. c. 48 Copyright, Designs and Patents Act 1988 
130. Where a reference or application is made to the Copyright 
Tribunal under this Chapter relating to the licensing of reprographic 
copying of published literary, dramatic, musical or artistic works, or the 
typographical arrangement of published editions, the Tribunal shall have 
regard to--
(a) the extent to wh~ch published editions of the works in question 
are otherwise a\ aila ble, 
(b) the proportion of the work to be copied, and 
(c) the nature of the use to which the copies are likely to be put. 
131.-{ 1) This section applies to references or applications under this 
Chapter relating to licences for the recording by or on behalf of 
educational establishments of broadcasts or cable programmes which 
include copyright works, or the making of copies of such recordings, for 
educational purposes. 
(2) The Copyright Tribunal shall, in considering what charges (if any) 
shou!d be paid for a licence, have regard to the extent to which the owners 
of copyright in the works included in the broadcast or cable programme 
have already received, or are entitled to receive, payment in respect of 
their inclusion. 
132.-{ 1) This section applies to references or applica tions under this 
Chapter in respect of licences relating to sour.d recordings, films, 
broadcasts or cable programmes which include, or are to include, any 
entertainment or other event. 
(2) The Copyright Tribunal shall have regard to any conditions 
imposed by the promoters of the entertainment or other event; and, in 
particular, the Tribunal shall not hold a refusal or failure to grant a 
licence to be unreasonable if it could not have been granted consistently 
with those conditions. 
(3) Nothing in this section shall require the Tribunal to have regard to 
any such conditions in so far as they-
(a) purport to regulate the charges to be imposed in respect of the 
grant of licences, or 
(b) relate to payments to be made to the promoters of any event in 
consideration of the grant of facilities for making the recording, 
film, broadcast or cable programme. 
133.-{1) In considering what charges should be paid for a licence­
(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 tnto 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 iicence, 
orof the acts authorised by the licence, to owners of copyright in works 
included in that work. IP/NIlIGBRlCI 1 
Page 73 
Copyright. Designs and Patents Act 1988 c.48 
(2) On any reference or application under this Chapter relating to 
licensing in respect of the copyright in sound recordings, films, broadcasts 
or cable programmes, the Copyright Tribunal shall take into account, in 
considering what charges should be paid for a licence, any reasonable 
payments which the copyright owner is liable to make in consequence of 
the granting of the licence, or of the acts authorised by the licence, in 
respect of any performance included in the recording, film, broadcast or 
cable programme. 
134.-(1) This section applies to references or applications under this 
Chapter relating to licences to include in a broadcast or cable programme 
service-
(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"). 
(2) So far as the further transmission is to the same area as the first 
transmission, the Copyright Tribunal shall, in considering what charges 
(if any) should be paid for licences for either transmission, have regard to 
the extent to which the copyright owner has already received, or is entitled 
to receive, payment for the other transmission which adequately 
remunerates him in respect of transmissions to that area. 
(3) So far as the further transmission is to an area outside that to which 
the first transmission was made, the Tribunal shall (except where 
subsection (4) applies) leave the further transmission out of account in 
considering what charges (if any) should be paid for licences for the first 
transmission. 
(4) If the Tribunal is satisfied that requirements imposed under section 
13(1) of the Cable and Broadcasting Act 1984 (duty of Cable Authority 
to secure inclusion of certain broadcasts in cable programme services) will 
result in the further transmission being to areas part of which fall outside 
the area to which the first transmission is made, the Tribunal shall exercise 
its powers so as to secure that the charges payable for licences for the first 
transmission adequately reflect that fact. 
135. The mention in sections 129 to 134 of specific matters to which the 
Copyright Tribunal is to have regard in certain classes of case does not 
affect the Tribunal's general obligation in any case to have regard to all 
relevant considerations. 
Implied indemnity in schemes or licences for reprographic copying 
136.-( I) This section a}?plies to-
(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. PART I 
Licences in 
respect of works 
included in re­
transmissions. 
1984 c. 46. 
Mention of 
specific matters 
not to exclude 
olher relevant 
considera lions. 
Implied indemnity 
in certain schemes 
and licences for 
reprographic 
copying. IP/N/1/GBRlC/1 
Page 74 
PART I 
Power to extend 
coverage of 
scheme or licence. c.48 Copyright, Designs and Patents Act 1988 
(2) There is implied-
(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 o.!' 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. 
(3) The circumstances of a case are within the ar.pa(ent scope of a 
licence if-
(a) it is not apparent from inspection of the licence and the work that 
it does not f2_11 within the description of works to which the 
licence applies; end 
(b) the licence does rIot expressly provide that it does not extend to 
copyright of th~ rlescription infringed. 
(4) In this section "liability" _;ncludes liability to pay costs; and this 
section applies in relation to costs reasonably incurred by a licensee in 
conne~tion with actual or con~r.mplated proceedings against him for 
infringement of copyright as it applies to sums which he is liable to pay in 
res~r:t of such infringement. 
(5) A scheme or licence to which this section appbes may contain 
reasonable provision-
(a) with respect to the manner in which, and time within which, 
claims under the undertaking implied by this section are to be 
made; 
Cb) enabling the operator of the scheme or, as the case may be, the 
licensing body to take over the conduct of any proceedings 
affecting the amount of his liability to indemnify. 
Reprographic copying by educational estc.blis,'!ments 
137.----( I) This section applies to--
(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. 
(2) If it appears to the Secretary of State with respect to a scheme or 
licence to which this section applies that-
(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 110t 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. IP/NI lIGBRfCI 1 
Page 75 
Copyright, Designs and Patents Act 1988 c.48 
(3) Where he proposes to make such an order, the Secretary of State 
shall give notice of the proposal to-
(a) the copyright owners, 
(b) the licensing body in question, and 
(c) such persons or organisations representative of educational 
establishments, and such other persons or organisations, as the 
Secretary of State thinks fit. 
(4) The notice shall inform those persons of their right to make written 
or oral representations to the Secretary of State about the proposal within 
six months from the date of the notice; and ifany of them wishes to make 
oral representations, the Secretary of State shall appoint a person to hear 
the representations and report to him. 
(5) In considering whether to make an order the Secretary of State 
shall take into account any representations made to him in accordance 
with subsection (4), and such other matters as appear to him to be 
relevant. PART I 
138.-{ 1) The owner of the copyright in a work in respect of which an Variation or 
order is in force under section 137 may apply to the Secretary of State for discharge of order 
the variation or discharge of the order, stating his reasons for making the extending scheme 
application. or licence. 
(2) The Secretary of State shall not entertain an application made 
within two years of the making of the original order, or of the making of 
an order on a previous application under this section, unless it appears to 
him that the circumstances are exceptional. 
(3) On considering the reasons for the application the Secretary of 
State may confirm the order forthwith; if he does not do so, he shall give 
notice of the application to-
(a) the licensing body in question, and 
(b) such persons or organisations representative of educational 
establishments, and such other persons or organisations, as he 
thinks fit. 
(4) The notice shall inform those persons of their right to make written 
or oral representations to the Secretary of State about the application 
within the period of two months from the date of the notice; and if any 
of them wishes to make oral representations, the Secretary of State shall 
appoint a person to hear the representations and report to him. 
(5) In considering the application the Secretary of State shall take into 
account the reasons for the application, any representations made to him 
in accordance with subsection (4), and such other matters as appear to 
him to be relevant. 
(6) The Secretary of State may make such order as he thinks fit 
confirming or discharging the order (or, as the case may be, the order as 
previously varied), or varying (or further varying) it so as to exclude 
works from it. IP/N/1/GBRlC/l 
Page 76 
PART I 
Appeals against 
orders. 
Inquiry whether 
new scheme or 
general licence 
required. c.48 Copyright. Designs and Patents Act 1988 
139.-(1) The owner of the copyright in a work which is the subject of 
an order under section 137 (order extending coverage of scheme or 
licence) may appeal to the Copyright Tribunal which may confirm or 
discharge the order, or vary it so as to exclude works from it, as it thinks 
fit having regard to the considerations mentioned in subsection (2) of that 
section. 
(2) Where the Secretary of State has made an order under section 138 
(order confirming, varying or disc'1arging order extending coverage of 
scheme or licence}-
(a) the person who applied for the order, or 
(b) any person or organisation representative of educational 
establishments who was given notice of the aprlication 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. 
(3) An appeal under this section shall be brought within six weeks of 
the making of the order or such further period as the Tribunal may allow. 
(4) An order under section 131 or 138 shall 1".ot come into effect until 
the end of the period of six weeks from the making of the order or, if an 
ar=peal is brought before the end of that period, until the appeal 
proceedings are disposed of or withdrawn. 
(5) If an appeal is brought after the end of that period, any decision of 
the Tribunal on the appeal does not affect the validity of anything done in 
reliance on the order appealed against before that decision takes effect. 
140.-(1) The Secretary of State may appoint a person to inquire into 
the question whether new provision is required (whether by way of a 
licensing scheme or general licence) to authorise the making by or on 
behalf of educational establishments for the purposes of instruction of 
reprographic copies of-
fa) published literary, dramatic, musical or artistic works, or 
(b) the typographical arrangement of p~bli5hed 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). 
(2) The procedure to be followed in relation to an inquiry shall be such 
as may be prescribed by regulations made by the Secretary of State. 
(3) The regulations shall, in particular, provide for notice to be given 
to--
(a) persons or organisations appearing to the Secretary of State to 
represent the owners of copyright in w)rks 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. IP/N/lIGBRlC/l 
Page 77 
Copyright, Designs and Patents Act 1988 c.48 
(4) The person appointed to hold the inquiry shall not recommend the 
making of new provision unless he is satisfied-
(a) that it would be of advantage to educational establishments to 
be authorised to make reprographic copies of the works in 
question, and 
(b) that making those works subject to a licensing scheme or general 
licence would not conflict with the normal exploitation of the 
works or unreasonably prejudice the legitimate interests of the 
copyright owners. 
(5) If he does recommend the making of new provision he shall specify 
any terms, other than terms as to charges payable, on which authorisation 
under the new provision should be available. 
(6) Regulations under this section shall be made by statutory 
instrument which shall be subject to annulment in pursuance of a 
resolution of either House of Parliament. 
(7) In this section (and section 141) a "general licence" means a licence 
granted by a licensing body which covers all works of the description to 
which it applies. 
141.-(1) The Secretary of State may, within one year of the making of 
a recommendation under section 140 by order provide that if, or to the 
extent that, provision has not been made in accordance with the 
recommendation, the making by or on behalf of an educational 
establishment, for the purposes of instruction, of reprographic copies 'Jf 
the works to which the recommendation relates shall be treated ';is 
licensed by the owners of the copyright in the works. 
(2) For that purpose provision shall be regarded as having been made 
in accordance with the recommendation if-
(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. 
(3) The order shall also provide that any existing licence authorising 
the making of such copies (not being a licence granted under a certified 
licensing scheme or a general licence) shall cease to have effect to the 
extent that it is more restricted or more onerous than the licence provided 
for by the order. 
(4) The order shall provide for the licence to be free of royalty but, as 
respects other matters, subject to any terms specified in the 
recommendation and to such other terms as the Secretary of State may 
think fit. PART I 
Statutory licence 
where 
recommendation 
not implemented. IP/N/lIGBRlC/l 
Page 78 
PART I 
Royalty or other 
sum payable for 
rental of sound 
recording, film or 
computer 
program. c.48 Copyright. Designs and Patents Act 1988 
(5) The order may provide that where a copy which would otherwise be 
an infringing copy is made in accordance with the licence provided by the 
order but is subsequently dealt with, it shall be treated as an infringing 
copy for the purposes of that dealing, and if that dealing infringes 
copyright for all subsequent purposes. 
In this subsection "dealt with" means sold or let for hire, offered or 
exposed for sale or hire, or exhibited in public. 
(6) The order shall not come into force until at least six months after it 
is made. . 
(7) An order may be varied from time to time, but not so as to include 
works other than those to which the recommendation relates or remove 
any terms specified in the recommendation, and may be revoked. 
(8) An order under this section shall be made by statutory instrument 
which shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
(9) In this section a "certified licensing scheme" means a licensing 
scheme certified for the purposes of this section ~nder section 143. 
Ro.valty or other sum payable for rental of certain works 
142.-( 1) An application to settle the royalty or other sum payable in 
pursuance of section 66 (rental of sound recordings, films and computer 
programs) may be made to the Copyright Tribunal by the copyright 
owner or the person claiming to be treated as licensed by him. 
(2) The Tribunal shall consider the matter and make such order as it 
may determine to be reasonable in the circumstances. 
(3) Either party may subsequently apply to the Tribunal to vary the 
order, and the Tribunal shall consider the matter and make such order 
confirming or varying the original order as it may determine to be 
reasonable in the circumstances. 
(4) An application under subsection (3) shall not, except with the 
special leave of the Tribunal, be made within twelve months from the date 
of the original order or of the order on a previous application under that 
subsection. 
(5) An order under subsection (3) has effect from the date on which it is 
mr.de or such later date as may be specified by the Tribunal. 
Certification of licensing schemes 
Certification of 143.-(1) A person operating or proposing to operate a licensing 
licensing schemes. scheme may apply to the Secretary of State to certify the scheme for the 
purposes of-
(a) section 35 (educational recording of broadcasts or cable 
pro grammes), 
(b) section 60 (abstracts of scientific or technical articles), 
(c) section 66 (rental of sound recordings, films and computer 
programs), 
(d) section 74 (sub-titled copies of broadcasts or cable programmes 
for people who are deaf or hard of hearing), or IP/N/1/GBRlC/l 
Page 79 
Copyright. Designs and Patents Act 1988 c.48 
(e) section 141 .(reprographic copying of published works by 
educational establishments). 
(2) The Secretary of State shall by order made by statutory instrument 
certify the scheme if he is satisfied that it-
(a) enables the works to which it relates to be identified with 
sufficient certainty by persons likely to require licences, and 
(b) sets out clearly the charges (if any) payable and the other tenns 
on which licences will be granted. 
(3) The scheme shall be scheduled to the order and the certification 
shall come into operation for the purposes of section 35, 60, 66, 74 or 141, 
as the case may be-
(a) on such date, not less than eight weeks after the order is made, as 
may be specified in the order, or 
(b) if the scheme is the subject of a reference under section 118 
(reference of proposed scheme), any later date on which the 
order of the Copyright Tribunal under that section comes into 
force or the reference is withdrawn. 
(4) A variation of the scheme is not effective unless a corresponding 
amendment of the order is made; and the Secretary of State shall make 
such an amendment in the case of a variation ordered by the Copyright 
Tribunal on a reference under section 118, 119 or 120, and may do so in 
any other case if he thinks fit. 
(5) The order shall be revoked if the scheme ceases to be operated and 
may be revoked if it appears to the Secretary of State that it is no longer 
being operated according to its terms. 
Powers exercisable in consequence of competition report 
144.--( I) Where the matters specified in a report of the Monopolies 
and Mergers Commission as being those which in the Commission's 
opinion operate, may be expected to operate or have operated against the 
public interest include-
(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, PART I 
Powers exercisable 
in consequence of 
report of 
Monopolies and 
Mergers 
Commission. 
the powers conferred by Part I of Schedule 8 to the Fair Trading Act 1973 1973 c. 41. 
(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. 
(2) The references in sections 56(2) and 73(2) of that Act, and sections 
1O(2)(b) and 12(5) of the Competition Act 1980, to the powers specified in 1980 c. 21. 
that Part of that Schedule shall be construed accordingly. 
(3) A Minister shall only exercise the powers available by virtue of this 
section ifhe is satisfied that to do so does not contravene any Convention 
relating to copyright to which the United Kingdom is a party. IP/N/lIGBRlC/l 
Page 80 
PART I 
The Copyright 
Tribunal. 
1956 c. 74. 
Membership of 
the Tribunal. c.48 Copyright, Designs and Patents Act 1988 
(4) The terms of a licence available by virtue of this section shall, in 
default of agreement, be settled by the Copyright Tribunal on an 
application by the person requiring the licence; and terms so settled shall 
authorise the licensee to do everything in respect of which a licence is so 
avai1able. 
(5) Where the terms of a licence are settled by the Tribunal, the licence 
has effect from the date en which the application to the Tribunal was 
made. 
CHAPTfR VIII 
THE COPYRIGHT TRIBUNAL 
The Tribunal 
145.-(1) The Tribunal established under section 23 of the Copyright 
Act 1956 is renamed the Copyright Tribunal. 
(2) The Tribunal shall consist of a chairman and two deputy chairmen 
appointed by the Lord Chancellor, after consultation with the Lord 
Advocate, and not less than two or more than eight ordinary members 
appointed by the Secretary of State. 
(3) A person is not eligible for appointment as chairman or deputy 
chairman unless he is a barrister, advocate or solicitor of not less than 
seven years' standing or has held judicial office. 
146.-(1) The members of the Copyright Tribunal shall hold and 
vacate office in accordance with their terms of appointment, subject to the 
following provisions. 
(2) A member of the Tribunal may resign his office by notice in writing 
to the Secretary of State or, in the case of the chairman or a deputy 
chairman, to the Lord Chancellor. 
(3) The Secretary of State or, in the case of the chairman or a deputy 
chairman, the Lord Chancellor may by notice in writing to the member 
concerned remove him from office if-
• (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. 
(4) Ifa member of the Tribunal is by reason of illness, absence or other 
reasonable cause for the time being unable to perform the duties of his 
office, either generally or in relation to particular proceedings, a person 
may be appointed to discharge his duties for a period not exceeding six 
months at one time or, as the case may L'e, in relation to those 
proceedings. 
(5) The appointment shall be made-
(a) in the case of the chairman or deputy chairman, by the Lord 
Chancellor, who shall appoint a person who would be eligible 
for appointment to that office, and IP/NIlIGBRlCI 1 
Page 81 
Copyright. Designs and Patents Act 1988 c.48 
(b) in the case of an ordinary member, by the Secretary of State; 
and a person so appointed shall have during the period of his 
appointment, or in relation to the proceedings in question, the same 
powers as the person in whose place he is appointed. 
(6) The Lord Chancellor shall consult the Lord Advocate before 
exercising his powers under this section. PART I 
147.-( 1) There shall be paid to the members of the Copyright Tribunal Financial 
such remuneration (whether by way of salaries or fees), and such provisions. 
allowances, as the Secretary of State with the approval of the Treasury 
may determine. 
(2) The Secretary of State may appoint such staff for the Tribunal as, 
with the approval of the Treasury as to numbers and remuneration, he 
may determine. 
(3) The remuneration and allowances of members of the Tribunal, the 
remuneration of any staff and such other expenses of the Tribunal as the 
Secretary of State with the approval of the Treasury may determine shall 
be paid out of money provided by Parliament. 
148.-(1) For the purposes of any proceedings the Copyright Tribunal Constitution for 
shall consist of-- purposes of 
proceedings. (a) a chairman, who shall be either the chairman or a deputy 
chairman of the Tribunal, and 
(b) two or more ordinary members. 
(2) If the members of the Tribunal dealing with any matter are not 
unanimous, the decision shall be taken by majority vote; and if, in such a 
case, the votes are equal the chairman shall have a further, casting vote. 
(3) Where part of any proceedings before the Tribunal has been heard 
and one or more members of the Tribunal are unable to continue, the 
Tribunal shall remain duly constituted for the purpose of those 
proceedings so long as the number of members is not reduced to less than 
three. 
(4) If the chairman is unable to continue, the chairman of the Tribunal 
shall-
(a) appoint one of the remaining members to act as chairman, and 
(b) appoint a suitably qualified person to attend the proceedings and 
advise the members on any questions of law arising. 
(5) A person is "suitably qualified" for the purposes of subsection 
(4)(b) ifhe is, or is eligible for appointment as, a deputy chairman of the 
Tribunal. 
Jurisdiction and procedure 
149. The function of the Copyright Tribunal is to hear and determine Jurisdiction of the 
proceedings under- Tribunal. 
(a) section 118, 119, or 120 (reference of licensing scheme); 
(b) section 121 or 122 (application with respect to entitlement to 
licence under licensing scheme); IP/N/lIGBRlC/l 
Page 82 
c.48 Copyright, Designs and Patents Act 1988 
PAF:T I (c) section 125, 126 or 127 (reference or application with respect to 
licensing by licensing body); 
(d) section 139 (appeal against crder as to coverage of licensing 
scheme or licence); 
(e) section 142 (application to settle royalty or otb:r sum payable for 
rental of sound recording, film or computel program); 
(t) section 144(4) (application to settle tem.s of copyright licence 
available as of right); 
(g) section 190 (application to give consent for purposes of Part II 
on behalf of perfonner); 
(h) paragraph 5 of Schedule 6 (determination of royalty or other 
remuneration to be paid to trustees for the Hospital for Sick 
Children). 
General pov.er to lSO.-{I) The Lord Chancellor may, after consultation with the Lord 
make rules. Advocate, make rules for regulating proceedings before the Copyright 
Trib'lnal and, subject to the approval of the Treasury, as to the fees 
chargeable in re~pect of such proceedings. 
1950 c. 27. 
! 937 I;. 8 (N.!.). 
Costs, proof of 
orders, &c. (2) The rules may apply iu relation to the 1 ribur. .. ll-
(a) as respects proceedings ip. England and \Va!~s) any of the 
provisions of the Arbitrat~on Act 1950; 
(b) as respects proceedings in Northern Ireland, any of the 
prcvisions of the Arbitration Act (Northern Ireland) 1937; 
and any provisions so applied shall be set out in or scheduled to the rules. 
(3) Provision shall be made by the rules-
(a) prohibiting the Tribunal from entertaining a reference under 
section 118, 119 or 120 by a representative organisatiop.. unless 
the Tribunal is satisfied that the organisation is reasonably 
representative of the class of persons which it claims to 
represent; 
(b) specifying the parties to any proceedings and enabling the 
Tribunal to make a party to the proceedings any person or 
organisation satisfying the Tribunal that they have a substantial 
interest in the matter; and 
(c) requiring the Tribunal to give the parties to proceedings an 
opportunity to state their case, in writing or orally as the rules 
may provide. 
(4) The rules may make provision for regulating or prescribing any 
matters incidental to or consequential upon any appeal from the Tribunal 
under section 152 (appeal to the court on point of law). 
(5) Rules under this section shall be made by statutory instrument 
which shall be subject to ar..nulment in pursuanx of a resolution of either 
House of Parliament. 
lSl.-{l) The Copyright Tribunal may order that tbe costs of a party 
to proceedings before it shall be paid by such other party as the Tribunal 
may direct; and the Tribunal may tax or settle the amount of the costs, or 
direct in what manner they are to be taxed. IP/N/lIGBRlC/l 
Page 83 
Copyright, Designs and Patents Act 1988 c.48 
(2) A document purporting to be a copy of an order of the Tribunal 
and to be certified by the chairman to be a true copy shall, in any 
proceedings, be sufficient evidence of the order unless the contrary is 
proved. 
(3) As respect proceedings in Scotland, the Tribunal has the like 
powers for securing the attendance of witnesses and the production of 
documents, and with regard to the examination of witnesses on oath, as 
an arbiter under a submission. 
Appeals PART I 
152.--(1) An appeal lies on any point of law arising from a decision of Appeal to the 
the Copyright Tribunal to the High Court or, in the case of proceedings court on point of 
of the Tribunal in Scotland, to the Court of Session. law. 
(2) Provision shall be made by rules under section 150 limiting the time 
within which an appeal may be brought. 
(3) Provision may be made by rules under that section-
(a) for suspending, or authorising or requiring the Tribunal to 
suspend, the operation of orders of the Tribunal in cases where 
its decision is appealed against; 
(b) for modifying in relation to an order of the Tribunal whose 
operation is suspended the operation of any provision of this 
Act as to the effect of the order; 
(c) for the publication of notices or the taking of other steps for 
securing that persons affected by the suspension of an order of 
the Tribunal will be informed of its suspension. 
CHAPTER IX 
QUALIFICA TION FOR AND EXTENT OF COPYRIGHT PROTECTION 
Qualification for copyright protection 
153.-( 1) Copyright does not subsist in a work unless the qualification 
requirements of this Chapter are satisfied as regards-
(a) the author (see section 154), or 
(b) the country in which the work was first published (see section 
155), or 
(c) in the case of a broadcast or cable programme, the country from 
which the broadcast was made or the cable programme was sent 
(see section 156). 
(2) Subsection (1) does not apply in relation to Crown copyright or 
Parliam.entary copyright (see sections 163 to 166) or to copyright 
subsisting by virtue of section 168 (copyright of certain international 
organisations). 
(3) If the qualification requirements of this Chapter, or section 163, 
165. or 168, are once satisfied in respect of a work, copyright does not 
cease to subsist by reason of any subsequent event. Qualification for 
copyright 
protection. IP/NIlIGBRlCI1 
Page 84 
PAF:T I 
Qualification by 
reference to 
author. 
1981 c. 61. c.48 Copyright, Designs and Patents Act 1988 
154.--{1) A work qualifies for copyright protection if the author was at 
the material time a qualifying person, that is-
(a) a British citizen, a British Dependent Territories citizen, a British 
National (Overseas), a British Overseas citizen, a British subject 
or a British pro~ected person within the meaning of the British 
Nationality ! .. ct 1981 or 
(b) an individual domiciled or resident in the United Kingdom or 
another country to which the relevant provisions of this Part 
extend, or 
(c) a body incorporated under the law of a part of the United 
Kingdom or of another country to whkh the relevant 
provisions of this Part extend. 
(2) Where, or so far as, provision is made by Order under section 159 
(application of this Part to countries to which it does not extend), a work 
also qualifies for copyright protection if at the material time the author 
was a citizen or subject of, an individual domiciled or resident in, or a 
body incorporated under the law of, a country to which the Order relatrs. 
(3) A work of joint au:horship qualifies for copyr.ght protection if at 
the material time any of the authors satisGes tt.e requirements::>f 
subsection (1) or (2); but wher~ a wcrk qualifies for c0pyright protection 
only under this section, only those authors who satisfy those requirements 
shall be taken into account for the purposes of-
section 11 (1) and (2) (first ownership of copyright; entitlement of 
author or author's employer), 
section 12(1) and (2) (duration of copyright; dependent on life of 
author unless work of unknown authorship), and section 9(4) 
(meaning of "unknown authorship") so far as it applies for the 
purposes of section 12(2), and 
section 57 (anonymous or pseudonymous works: acts permitted on 
assumptions as to expiry of copyright or death of author). 
(4) The material time in relation to a literary, dramatic, musical or 
artistic work is-
(a) in the case of an unpublished work, when the work was made or, 
if the making of the work extended over a period, a substantial 
part of that period; 
(b) in the case of a published work, when the work was first 
published or, if the author had died before that time, 
immediately before his death. 
(5) The material time in relation to other descriptions of work is as 
follows-
(a) in the case of a sound recording or film, when it was made; 
('J) in the case of a broadcast, when the broadcast was made; 
(c) in the case of a cable programme, when the programme was 
included in a cable programme service; 
(d) in the case of the typographical arrangement of a published 
edition, when the edition was first published. IP/NIlIGBRlCI 1 
Page 85 
Copyright, Designs and Patents Act 1988 c.48 
15S.-{I) A literary, dramatic, musical or artistic work, a sound 
recording or film, or the typographical arrangement of a published 
edition, qualifies for copyright protection if it is first published-
(a) in the United Kingdom, or 
(b) in another country to which the relevant provisions of this Part 
extend. 
(2) Where, or so far as, provision is made by Order under section 159 
(application of this Part to countries to which it does not extend), such a 
work also qualifies for copyright protection if it is first published in a 
country to which the Order relates. 
(3) For the purposes of this section, publication in one country shall 
not be regarded as other than the first publication by reason of 
simultaneous publication elsewhere; and for this purpose publication 
elsewhere within the previous 30 days shall be treated as simultaneous. 
156.-{l) A broadcast qualifies for copyright protection if it is made 
from, and a cable programme qualifies for copyright protection ifit is sent 
from, a place in-
(a) the United Kingdom, or 
(b) another country to which the relevant provisions of this Part 
extend. 
(2) Where, or so far as, provision is made by Order under section 159 
(application of this Part to countries to which it does not extend), a 
broadcast or cable programme also qualifies for copyright protection ifit 
is made from or, as the case may be, sent from a place in a country to 
which the Order relates. 
Extent and application of this Part PART I 
Qualification by 
reference to 
country of first 
publication. 
Qualification by 
reference to place 
of transmission. 
157.-{ 1) This Part extends to England and Wales, Scotland and Countries to 
Northern Ireland. which this Part 
(2) Her Majesty may by Order in Council direct that this Part shall 
extend, subject to such exceptions and modifications as may be specified 
in the Order, to-
(a) any of the Channel Islands, 
(b) the Isle of Man, or 
(c) any colony. 
(3) That power includes power to extend, subject to such exceptions 
and modifications as may be specified in the Order, any Order in Council 
made under the following provisions of this Chapter. 
(4) The legislature of a country to which this Part has been extended 
may modify or add to the provisions of this Part, in their operation as part 
of the law of that country, as the legislature may consider necessary to 
adapt the provisions to the circumstances of that country-
(a) as regards procedure and remedies, or 
(b) as regards works qualifying for copyright protection by virtue of 
a connection with that country. extends. IP/N/lIGBRlC/l 
Page 86 
c.48 Copyright, Designs and Patents Act 1988 
PART I (5) Nothing in this section shall be construed as restricting the extent 
of paragraph 36 of Schedule 1 (transitional provisions: dependent 
1956 c. 74. terri tories where the Copyright Act 1956 or the Copyright Act 1911 
1911 c.46. remains in force) in relation to the law of a dependent territory to which 
this Part does not extend. 
Countries ceasing 158.-{ 1) The following provisions apply where a country to which this 
to be coloni(s. Part has been extended ceases to be a colony of the United Kingdom. 
A pplication of 
this Part to 
countries to which 
it does not e:<tend. (2) As from the date on which it ceases to be a colony it shall cease to 
be regarded as a country to which this Part extends for the purposes of-
(a) section 160(2)(a) (denial of copyright protection to citizens of 
countries not giving adequate protection to British works), and 
(b) sections 163 and 165 (Crown and Parliamentary copyright). 
(3) But it shall continue to be treated as a country to which this Part 
extends for the purposes of sections 154 to 156 (qualification for 
copyright protection) until-
(a) an Order in Council is made in respect of that country under 
section 159 (application of this Part to countries to which it does 
not extend), or 
(b) an Order in Council is made declaring that it shall cease to be so 
treated by re«s~n of the fact that the provisions of this Part as 
part of the law of that country have been repealed or amended. 
(4) A statutory instrument containing an Order in Council under 
subsection (3)(b) shall be subject to annulment in pursuance of a 
resolution of either House of Parliament. 
159.-{1) Her Majesty may by Order in Council make provision for 
applying in relation to a country to which this Part does not extend any 
of the provisions of this Part specified in the Order, so as to secure that 
those provisions-
(a) apply in relation to persons who are citizens or subjects of that 
country or are domiciled or resident there, as they apply to 
persons who are British citizens or are domiciled or resident in 
the United Kingdom, or 
(b) apply in relation to bodies incorporated under the law of that 
country as they apply in relation to bodies incorporated under 
the law of a part of the United Kingdom, or 
(c) apply in relation to works first published in that country as they 
apply in relation to works first published in the United 
Kingdom, or 
(d) apply in relation to broadcasts made from or cable programmes 
sent from that country as they apply in relation to broadcasts 
made from or cable programmes sent from the United 
Kingdom. 
(2) An Order may make provision for all or any of the matters 
mentioned in subsection (1) and may-
(a) apply any provisions of this Part subject to such exceptions and 
modifications as are specified in the Order; and IP/N/lIGBRlC/l 
Page 87 
Copyright, Designs and Patents Act 1988 c.48 
(b) direct that any provisions of this Part apply either generally or in 
relation to such classes of works, or other classes of case, as are 
specified in the Order. 
(3) Except in the case of a Convention country or another member 
State of the European Economic Community, Her Majesty shall not 
make an Order in Council under this section in relation to a country 
unless satisfied that provision has been or will be made under the law of 
that country, in respect of the class of works to which the Order relates, 
giving adequate protection to the owners of copyright under this Part. 
(4) In subsection (3) "Convention country" means a country which is 
a party to a Convention relating to copyright to which the United 
Kingdom is also a party. 
(5) A statutory instrument containing an Order in Council under this 
section shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
160.-{ I) If it appears to Her Majesty that the law of a country fails to 
give adequate protection to British works to which this section applies, or 
to one or more classes of such works, Her Majesty may make provision 
by Order in Council in accordance with this section restricting the rights 
conferred by this Part in relation to works of authors connected with that 
country. 
(2) An Order in Council under this section shall designate the country 
concerned and provide that, for the purposes specified in the Order, 
works first published after a date specified in the Order shall not be treated 
as qualifying for copyright protection by virtue of such publication if at 
that time the authors are-
(a) citizens or subjects of that country (not domiciled or resident in 
the United Kingdom or another country to which the relevant 
provisions of this Part extend), or 
(b) bodies incorporated under the law of that country; 
and the Order may make such provision for all the purposes of this Part 
or for such purposes as are specified in the Order, and either generally or 
in relation to such class of cases as are specified in the Order, having 
regard to the nature and extent of that failure referred to in subsection (1). 
(3) This section applies to literary, dramatic, musical and artistic 
works, sound recordings and films; and "British works" means works of 
which the author was a qualifying person at the material time within the 
meaning of section 154. 
(4) A statutory instrument containing an Order in Council under this 
section shall be subject to annulment in pursuance ofa resolution ofeither 
House of Parliament. 
Supplementary 
161.-(1) For the purposes of this Part the territorial waters of the 
United Kingdom shall be treated as part of the United Kingdom. 
(2) This Part applies to things done in the United Kingdom sector of 
the continental shelf on a structure or vessel which is present there for 
purposes directly connected with the exploration of the sea bed or subsoil 
or the exploitation of their natural resources as it applies to things done 
in the United Kingdom. PART I 
Denial of 
copyright 
protection to 
citizens of 
countries not 
giving adequate 
protection to 
British works. 
Territorial waters 
and the 
continental shelf. IP/NIlIGBRlCI1 
Page 88 
PAI<T I 
1964 c. 29. 
British ships, 
aircraft and 
hovercraft. 
1988c.12. c.48 Copyright, Designs and Patents Act 1988 
(3) The United Kingdom sector of the continental shelf means the 
areas designated by order under section 1 (7) of the Continental Shelf Act 
1964. 
162.-{ 1) This Part applies to things done on a British ship, aircraft or 
hovercraft as it applies to things done in the United Kingdom. 
(2) In this section-
"British ship" means a ship which is a British ship for the purposes 
of the Merch1nt Shipping Act~ (see section 2 of the Merchant 
Shipping Act 1938) otherwise tilan by virtue of registration ip. a 
country outside the United Kingdom; and 
"British aircraft" alid "British hovercraft" mean an aircraft or 
hovercraft registered in the United Kingdom. 
CHAPTER X 
MISCELLANEOUS AND GENERAL 
Crown and Parliamentary copyright 
Crown copy:ight. 163.-(1) Where a work is made by Her Majesty or by an officer or 
servant of the Crown in the course of his duties-
(a) the work qualifies for copyright protection notwithstanding 
section 153(1) (ordinary requirement as to qualification for 
copyright protection), and 
(b) Her Majesty is the first owner of any copyright in the work. 
(2) Copyright in such a work is referred to in this Part as "Crown 
copyright", notwithstanding that it may be, or have been, assigned to 
another person. 
(3) Crown copyright in a literary, dramatic, musical or artistic work 
continues to subsist-
(a) until the end of the period of 125 years from the end of the 
calendar year in which the work was made, or 
(b) if the work is published commercially before the end of the period 
of 75 years from the end of the calendar year in which it was 
made, until the end of the period of 50 years from the end of the 
calendar year in which it was first so published. 
(4) In the case of a work of joint authorship where one or more but not 
all of the authors are persons falling within subsection (1), this section 
applies only in relation to those authors and the copyright subsisting by 
virtue of their contribution to the work. 
(5) Except as mentioned above, and subject to any express exclusion 
elsewhere in this Part, the provisions of this Part apply in relation to 
Crown copyright as to other copyright. 
(6) This section does not apply to a work if, or to the extent that, 
Pz.riiamentary copyright subsists in the work (see sections 165 and 166). 
Copyright in Acts 164.-{l) Her Majesty is entitled to copyright in every Act of 
and Measun:s. Parliament or Measure of the General Synod of the Church of England. IP/N/lIGBRlC/l 
Page 89 
Copyright, Designs and Patents Act 1988 c.48 
(2) The copyright subsists from Royal Assent until the end of the period 
of 50 years from the end of the calendar year in which Royal Assent was 
given. 
(3) References in this Part to Crown copyright (except in section 163) 
include copyright under this section; and, except as mentioned above, the 
provisions of this Part apply in relation to copyright under this section as 
to other Crown copyright. 
(4) No other copyright, or right in the nature of copyright, subsists in 
an Act or Measure. 
165.-(1) Where a work is made by or under the direction or control 
of the House of Commons or the House of Lords-
(a) the work qualifies for copyright protection notwithstanding 
section 153(1) (ordinary requirement as to qualification for 
copyright protection), and 
(b) the House by whom, or under whose direction or control, the 
work is made is the first owner of any copyright in the work, and 
if the work is made by or under the direction or control of both 
Houses, the two Houses are joint first owners of copyright. 
(2) Copyright in such a work is referred to in this Part as 
"Parliamentary copyright", notwithstanding that it may be, or have been, 
assigned to another person. 
(3) Parliamentary copyright in a literary, dramatic, musical or artistic 
work continues to subsist until the end of the period of 50 years from the 
end of the calendar year in which the work was made. 
(4) For the purposes of this section, works made by or under the 
direction or control of the House of Commons or the House of Lords 
include-
(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. 
(5) In the case of a work of joint authorship where one or more but not 
all of the authors are acting on behalf of, or under the direction or control 
of, the House of Commons or the House of Lords, this section applies 
only in relation to those authors and the copyright subsisting by virtue of 
their contribution to the work. 
(6) Except as mentioned above, and subject to any express exclusion 
elsewhere in this Part, the provisions of this Part apply in relation to 
Parliamentary copyright as to other copyright. 
(7) The provisions of this section also apply, subject to any exceptions 
or modifications specified by Order in Council, to works made by or 
under the direction or control of any other legislative body of a country 
to which this Part extends; and references in this Part to "Parliamentary 
copyright" shall be construed accordingly. PART I 
Parliamentary 
copyright. IP/NIlIGBRlCI 1 
Page 90 
PART I 
Copyright in 
Parliamentary 
Bills. 
Houses of 
Parliament: 
supplementary 
provisions with 
respect to 
copyright. c.48 Copyright, Designs and Patents Act 1988 
(8) A statutory instrument containing an Order in Council under 
subsection (7) shall be subject to annulment in pursuance of a resolution 
of either House of Parliament. 
166.-{l) Ccpyright in every Bill introduced into Parliament belongs, 
in aC(;ordance with th{. fcPo1ving provisions, to one or both of the Houses 
of Parliament. 
(2) Copyright in a public Bill belongs in the first instance to the House 
into which the Bill is introduced, and after the Bill ha~ been carried to the 
second House to both Houses jointly, and sub~;ists from the time when the 
text of the Bill is handed ip.. ro the House in whicr it i~ introduced. 
(3) Copyright in a private Bill belongs to both Houses jointly and 
subsists from the time when a copy of the Bill is first deposited in either 
House. 
(4) Copyright in a personal Bill belongs in the first instance to the 
House of Lords, and after the Bill has been carried to the House of 
Commons to both Houses jointly, and subsists from the time when it is 
given a First Reading in the House of Lords. 
(5) Copyright under this section ceases­
(a) on Royal Assent, or 
(b) if the Bill does not receive Royal Assent, on the withdrawal or 
rejection of the Bill or the end of the Session: 
Provided that, copyright in a Bill continues to subsist notwithstanding 
its rejection in any Session by the House of Lords if, by virtue of the 
Parliament Acts 1911 and 1949, it remains possible for it to be presented 
for Royal Assent in that Session. 
(6) References in this Part to Parliamentary copyright (except in section 
165) include copyright under this section; and, except as rr.entioned 
ab.)ve, the provisions of this Part apply in relation to copyright under this 
section as to other Parliamentary copyright. 
(7) No other copyright, or right in the nature of copyright, subsists in 
a Bill after copyright has once subsisted under this section; but without 
prejudice to the subsequent operation of this section in relation to a Bill 
which, not having passed in one Session, is reintrod:lced in a subsequent 
Session. 
167.-{1) For the purposes of holding, dealing with and enforcing 
copyright, and in connection with all legal proceedings relating to 
copyright, each House of Parliament shall be treated as having the legal 
capacities of a body corporate, which shall not be affected by a 
prorogation or dissolution. 
(2) The functions of the House of Commons as owner of copyright 
shall be exercic;ed by the Speaker on behalf of the House; and if so 
authorised by the S;>eaker, or in case of a vacancy in the office of Speaker, 
those functions may be dis:h:uged by the Chairman of Ways and Means 
or a Deputy Chairman. 
(3) For this purpose a person who on the dissolution of Parliament was 
Speaker of the House of Commons, Chairman of Ways and Means or a 
Deputy Chairman may continue to act until the corresponding 
appointment is made in the next Session of Parliament. IP/NIlIGBRlCI 1 
Page 91 
Copyright, Designs and Patents Act 1988 c.48 
(4) The functions of the House of Lords as owner of copyright shall be 
exercised by the Clerk of the Parliaments on behalf of the House; and if 
so authorised by him, or in case of a vacancy in the office of Clerk of the 
Parliaments, those functions may be discharged by the Clerk Assistant or 
the Reading Clerk. 
(5) Legal proceedings relating to copyright-
(a) shall be brought by or against the House of Commons in the 
name of "The Speaker of the House of Commons"; and 
(b) shall be brought by or against the House of Lords in the name of 
"The Clerk of the Parliaments". 
Other miscellaneous provisions PART I 
168.--{1) Where 
work-an original literary, dramatic, musical or artistic Copyright vesting 
in certain 
(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. 
(2) The international organisations to which this section applies are 
those as to which Her Majesty has by Order in Council declared that it is 
expedient that this section should apply. 
(3) Copyright of which an international organisation is first owner by 
virtue of this section continues to subsist until the end of the period of 50 
years from the end of the calendar year in which the work was made or 
such longer period as may be specified by Her Majesty by Order in 
Council for the purpose of complying with the international obligations 
of the United Kingdom. 
(4) An international organisation to which this section applies shall be 
deemed to have, and to have had at all material times, the legal capacities 
of a body corporate for the purpose of holding, dealing with and 
enforcing copyright and in connection with all legal proceedings relating 
to copyright. 
(5) A statutory instrument containing an Order in Council under this 
section shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
169.--{1) Where in the case of an unpublished literary, dramatic, 
musical or artistic work of unknown authorship there is evidence that the 
author (or, in the case ofajoint work, any of the authors) was a qualifying 
individual by connection with a country outside the United Kingdom, it 
shall be presumed until the contrary is proved that he was such a 
qualifying individual and that copyright accordingly subsists in the work, 
subject to the provisions of this Part. 
(2) Ifunder the law of that country a body is appointed to protect and 
enforce copyright in such works, Her Majesty may by Order in Council 
designate that body for the purposes of this section. international 
organisations. 
Folklore, &c.: 
anonymous 
unpublished 
works. IP/NIlIGBRlCI 1 
Page 92 
PART I 
Transitional 
provisions and 
savings. 
Rights and 
privileges under 
other enactments 
or the common 
law. c.48 Copyright, Designs and Patents Act 1988 
(3) A body so designated shall be recognised in the United Kingdom 
as having authority to do in place of the copyright owner anything, other 
than assign copyright, which it is empowered to do under the law of that 
country; and it may, in particular, bring proceedings in its own name. 
(4) A statutory instrument containing an Order in Council under this 
section shall be subject to annulment in pursuance (;f a resolution of either 
House of Parliament. 
(5) In subsection (1) a "qualifying individual" means an individual 
who at the material time (within the meaning of section 154) was a person 
whose works qualified under that section for copyright pr()t~ction. 
(6) This section does not apply if there has been an arsignment of 
copyright in the work by the author of which notice has been given to the 
designated body; and nothing in this section affects the validity of an 
assignment of copyright made, or licence granted, by the author or a 
person lawfully claiming under him. 
Tra.7sitiona/ provisions and savings 
170. Schedule 1 contains transitional provisions and savings relating to 
works made, and acts 'Jr events occurring, before the commencement of 
this Part, and otherwise w:th respect to the operation of the pruvisions of 
this Part. 
171.-(1) Nothing in this Part affects-
(a) any right or privilege of any person under any enactment (except 
where the enactment is expressly repealed, amended or modified 
by this Act); 
(b) any right or privilege of the Crown subsisting otherwise than 
under an enactment; 
(c) any right or privilege of either House of Parliament; 
(d) the right of the Crown or any person deriving title from the 
Crown to sell, use or otherwise deal with articles forfeited under 
the laws relating to customs and excise; 
(e) the operation of any rule of equity relating to breaches of trust or 
confidence. 
(2) Subject to those savings, no copyright or right in the nature of 
copyright shall subsist otherwise than by virtue of this Part or some other 
enactment in that behalf. 
(3) Nothing in this Part affects 2.ny rule oflaw preventing or restricting 
the enforcement of copyright, on grounds of public interest or otherwise. 
0'; Nothing in this Part affects any right of action or other remedy, 
wh;!,;l"er civil or criminal, available otherwise than under this Part in 
respect of acts infringing any of the rights conferred by Chapter IV (moral 
rights). 
(5) The savings in subsection (1) have effect subject to section 164(4) 
and section 166(7) (copyright in Acts, Measures and Bii.ls: exclusion of 
other rights in the nature of copyright). IP/NIl/GBRlCI 1 
Page 93 
Copyright, Designs and Patents Act 1988 c.48 
Interpretation 
172.-{1) This Part restates and amends the law of copyright, that is, 
the provisions of the Copyright Act 1956, as amended. PART I 
General 
provisions as to 
construction. 
(2) A provision of this Part which corresponds to a provision of the 1956 c. 74. 
previous law shall not be construed as departing from the previous law 
merely because of a change of expression. 
(3) Decisions under the previous law may be referred to for the 
purpose of establishing whether a provision of this Part departs from the 
previous law, or otherwise for establishing the true construction of this 
Part. 
173.-{1) Where different persons are (whether in consequence of a Construction of 
partial assignment or otherwise) entitled to different aspects of copyright references to 
in a work, the copyright owner for any purpose of this Part is the person copyright owner. 
who is entitled to the aspect of copyright relevant for that purpose. 
(2) Where copyright (or any aspect of copyright) is owned by more 
than one person jointly, references in this Part to the copyright owner are 
to all the owners, so that, in particular, any requirement of the licence of 
the copyright owner requires the licence of all of them. 
174.-{1) The expression "educational establishment" in a provision of 
this Part means-
(a) any school, and 
(b) any other description of educational establishment specified for 
the purposes of this Part, or that provision, by order of the 
Secretary of State. 
(2) The Secretary of State may by order provide that the provisions of 
this Part relating to educational establishments shall apply, with such 
modifications and adaptations as may be specified in the order, in relation 
to teachers who are employed by a local education authority to give 
instruction elsewhere to pupils who are unable to attend an educational 
establishment. 
(3) In subsection (l )(a) "school"-
(a) in relation to England and Wales, has the same meaning as in the Meaning of 
"educational 
establishment" 
and related 
expressions. 
Education Act 1944; 1944c.31. 
(b) in relation to Scotland, has the same meaning as in the 
Education (Scotland) Act 1962, except that it includes an 1962 c. 47. 
approved school within the meaning of the Social Work 1968 c. 49. 
(Scotland) Act 1968; and 
(c) in relation to Northern Ireland, has the same meaning as in the 
Education and Libraries (Northern Ireland) Order 1986. S.1. 1986/594 
(N.I.3). 
(4) An order under subsection (1)(b) may specify a description of 
educational establishment by reference to the instruments from time to 
time in force under any enactment specified in the order. 
(5) In relation to an educational establishment the expressions 
"teacher" and "pupil" in this Part include, respectively, any person who 
gives and any person who receives instruction. IP/NIlIGBRlCI 1 
Page 94 
PART I 
Meaning of 
publication clOd 
commercial 
publication. c.48 Copyright. Designs and Patents Act 1988 
(6) References in this Part to anything being done "on behalf of' an 
educational establishment are to its being done for the purposes of that 
establishment by any person. 
(7) An order under this section shall be made by statutory instrument 
which shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
175.-{1) In this Part "publication", in relation to a work­
(a) means the issue of copies to the public, and 
(b) includes, in the case of a literary, drama tic, musical or artistic 
work, making it available to the public by means of an 
electronic retrieval system; 
and related expressions shall be construed accordingly. 
(2) In this Part "commercial publication", in relation to a literary, 
dramatic, musical or artistic work means-
(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. 
(3) In the case of a work of architecture in the fonn of a building, or an 
artistic work incorporated in a building, construction of the building shall 
be treated as equivalent to publication of the work. 
(4) The following do not CO;"lc,titute publication for the purposes of this 
Part and references to commercial publication shall be construed 
accordingly-
(a) in the case of a literary, dramatic or musical work­
(i) the perfonnance of the work, or 
(ii) the broadcasting of the work or its inclusion in a cable 
programme service (otherwise than for the purposes of an 
electronic retrieval system); 
(b) in the case of an artistic work-
(i) the exhibition of the work, 
(ii) the issue to the public of copies of a graphic work 
representing, or of photographs of, a work of architecture in 
the fonn of a building or a model for a building, a sculpture 
or a work of artistic craftsmanship, 
(iii) the issue to the public of copies of a film including the 
work, or 
(iv) the broadcasting of the work or its inclusion in a cable 
programme service (otherwise than for the purposes of an 
electronic retrieval system); 
(c) in the case of a sound recording or film-
(i) the work being played or shown in public, or 
(ii) the broadcasting of the work or its inclusion in a cable 
programme service. IP/N/lIGBRlC/l 
Page 95 
Copyright. Designs and Patents Act 1988 c.48 
(5) References in this Part to publication or commercial publication do 
not include publication which is merely colourable and not intended to 
satisfy the reasonable requirements of the public. 
(6) No account shall be taken for the purposes of this section of any 
unauthorised act. 
176.-(1) The requirement in the following prOVISIOns that an 
instrument be signed by or on behalf of a person is also satisfied in the case 
of a body corporate by the affixing of its seal-
section 78(3)(b) (assertion by licensor of right to identification of 
author in case of public exhibition of copy made in pursuance 
of the licence), 
section 90(3) (assignment of copyright), 
section 91 (1) (assignment of future copyright), 
section 92(1) (grant of exclusive licence). 
(2) The requirement in the following provisions that an instrument be 
signed by a person is satisfied in the case of a body corporate by signature 
on behalf of the body or by the affixing of its seal-
section 78(2)(b) (assertion by instrument in writing of right to have 
author identified), 
section 87(2) (waiver of moral rights). 
177. In the application of this Part to Scotland-
"account of profits" means accounting and payment of profits; 
"accounts" means count, reckoning and payment; 
"assignment" means assignation; 
"costs" means expenses; 
"defendant" means defender; 
"delivery up" means delivery; 
"estoppel" means personal bar; 
"injunction" means interdict; 
"interlocutory relief' means interim remedy; and 
"plaintiff" means pursuer. 
178. I n this Part-
"article", in the context of an article in a periodical, includes an item 
of any description; 
"business" includes a trade or profession; 
"collective work" means-
(a) a work of joint authorship, or 
(b) a work in which there are distinct contributions by 
different authors or in which works or parts of works of 
different authors are incorporated; PART I 
Requirement of 
signature: 
application in 
relation to body 
corporate. 
Adaptation of 
expressions for 
Scotland. 
Minor definitions. IP/N/lIGBRlCIl 
Page 96 
c.48 Copyright, Designs and Patents Act 1988 
PART I "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 illc1ude one or more states; 
"judicial proceedings" includes proceedings before any court, 
tribunal 0r person having authority to decide any matter 
affecting a person's legal rights or liabilitie~; 
"parliamentary proceedings" includes proceedir~gs 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-IP/NI lIGBRlCI 1 
Page 97 
Copyright. Designs and Patents Act 1988 c.48 
(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. PART I 
179. The following Table shows prOVISiOns defining or otherwise Index of defined 
explaining expressions used in this Part (other than provisions defining or expressions. 
explaining an expression used only in the same section}-
account of profits and accounts (in 
Scotland) 
acts restricted by copyright 
adaptation 
archivist (in sections 37 to 43) 
article (in a periodical) 
artistic work 
assignment (in Scotland) 
author 
broadcast (and related expressions) 
building 
business 
cable programme, cable programme 
service (and related expressions) 
collective work 
commellcement (in Schedule 1) 
commercial publication 
corn pu ter -genera ted 
copy and copying 
copyright (generally) 
COPyribht (in Schedule 1) section 177 
section 16(1) 
section 21(3) 
section 37(6) 
section 178 
section 4( l) 
section 177 
sections 9 and 10(3) 
section 6 
section 4(2) 
section 178 
section 7 
section 178 
paragraph 1 (2) ;:If that 
Schedule 
section 175 
section 178 
section] 7 
section] 
paragraph 2(2) of 
that Schedule 
D IP/N/1/GBRlC/l 
Page 98 
PART I c.48 Copyright. Designs and Patents Act 1988 
copyright owner 
Copyright Tribunal 
copyright work 
costs (in Scotland) 
country 
the Crown 
Crown copyright 
(:efendant (in Scotland) 
~elivery up (in Scotland) 
dramatic work 
p.ducational establishment 
electronic and electronic form 
employed, employee, employer and 
employment 
exclusive licence 
existing works (in Schedule 1) 
facsimile copy 
film sections 101(2) and 173 
section 145 
section 1 (2) 
section 177 
section 178 
section 178 
sections 163(2) and 
164(3) 
section 177 
section 177 
section 3( 1 ) 
sections 174( 1) to (4) 
Sec.tioIl 178 
section 178 
section 92( 1) 
paragraph 1(3) of that 
. Schedule 
section 178 
section 5 
future copyright section 91 (2) 
general licence (in sections 140 and section 140(7) 
141 ) 
graphic work 
infringing copy 
inju'1ction (in Scotland) 
interlo<.:utor.v relief (in Scotland) 
ir.te:-nationalorganisation 
is'}t.:e of copies to the public 
joint authorship (work of) 
judicial proceedings 
librarian (in sections 37 to 43) 
licence (in sections 125 to 128) 
licence of copyright owner 
licensing body (in Chapter VII) 
licensing scheme (generally) 
licensing scheme (in sections 118 to 
121 ) 
literary work 
made (in relation to a literary, 
dramatic or musical work) 
musical work 
the new copyright provisions (in 
Schedule 1) 
the 1911 Act (in Sched ule I) 
the 1956 Act (in Schedule I) 
on behalf of (in relation to an 
educational establishment) 
Parliamentary ~opyright 
parliament.lry proceedings 
performan(:~ 
photograph 
plaintiff (in S.:.otland) 
prescrihed conditions (in sections 38 
to 43) 
prescri'Jed library or archive (in 
sections 38 to 43) section 4(2) 
section 27 
section 177 
section 177 
section 178 
section 18(2) 
sections I O( I ) and (2) 
section 178 
section 37(6) 
section 124 
sections 90(4). 91 (3) 
and 173 
section 116(2) 
section 116( 1 ) 
section 117 
section 3( I) 
section 3(2) 
section 3( I ) 
paragraph 1 (I) of that 
Schedule 
paragraph I (I) of that 
Schedule 
paragraph I (I) of that 
Schedule 
section 174(5) 
sections 165(2) and (7) 
and 166l6) 
section '78 
section: 9\2) 
:;ection 4~2) 
section 1 Ti 
section 37(J)(b) 
section 37( I )(a) IP/N/1/GBRlC/l 
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Copyright, Designs and Patents Act 1988 
programme (in the context of 
broadcasting) 
prospective owner (of copyright) 
publication and related expressions 
published edition (in the context of 
copyright in the typographical 
arrangemen t) 
pupil 
rental 
reprographic copies and 
reprographic copying 
reprographic process 
sculpture 
signed 
sound recording 
sufficient acknowledgement 
sufficient disclaimer -
teacher 
telecomm unica tions system 
typeface 
unauthorised (as regards things done 
in relation to a work) 
unknown (in relation to the author of 
a work) 
unknown authorship (work of) 
wireless telegraphy 
work (in Schedule 1) 
work of more than one author (in 
Chapter VII) 
writing and written 
PART II section 6(3) 
section 91(2) 
section 175 
section 8 
section 174(5) 
section 178 
section 178 
section 178 
section 4(2) 
section 176 
section 5 
section 178 
section 178 
section 174(5) 
section 178 
section 178 
section 178 
section 9(5) 
section 9(4) 
section 178 
paragraph 2( 1) of that 
Schedule 
section 116(4) 
section 178 
RIGHTS I~ PERFORMA:\CES 
Introductory c.48 
PART I 
180.-( 1) This Part confers rights- Rights conferred 
on perfonners and (a) on a performer, by requiring his consent to the exploitation of persons having 
his performances (see sections 181 to 184). and recording rights. 
(b) on a person having recording rights in relation to a performance, 
in relation to recordings made without his consent or that of the 
performer (see sections 185 to 188), 
and creates offences in relation to dealing with or using illicit recordings 
and certain other related acts (see sections 198 and 201). 
(2) In this Part-
"performance" means--
(a) a dramatic performance (which includes dance and 
mime), 
(b) a musical performance, 
(c) a reading or recitation of a literary work, or 
(d) a performance of a variety act or any similar 
presentation, 
which is, or so far as it is, a live performance given by one or 
more individuals; and IP/N/lIGBRlC/1 
Page 100 
c.48 Copyright, Designs and Patents Act 1988 
PART 11 "recording", in relation to a performance, means a film or sound 
Qualifying 
performances. 
Consent required 
for recording or 
live transmission 
of performance. 
Infringement of 
performer's rights 
by use of 
recording made 
without consent. 
Infringement of 
performer's rights 
by importing, 
possessing or 
dealing with illicit 
recording. recording-
(a) made directly from the live performance, 
(b) made from a broadcast of, or cable programme 
including, the performance, or 
(c) made, directly or indirectly, from another recording of 
the performance. 
(3) The rights conferred by this Part apply in relation to performances 
taking place before the commencement of this Part; but no act done 
before commencement, or in pursuance of arrangements made before 
comnencement, shall be regarded as infringing those rig!1ts. 
(4) The rights conferred by this Part are independent of-
(a) any copyright in, or moral rights relating to, any work 
performed or any film or sound recording of, or broadcast or 
cable programme including, the performance, and 
(b) any other right or obligation arising otherwise than under this 
Part. 
Performers' rights 
181. A performance is a qualifyinr, performance for the purposes of the 
provisions of d. is Part relating to performers' rights if it is given by a 
qualifying individual (as defined in section 206) or takes place in a 
qualifying country (as so defined). 
182.-( I) A performer's rights are infringed by a person who, without 
his consent-
(a) makes, otherwise than for his private and domestic use, a 
recording of the whole or any substantial part of a qualifying 
performance, or 
(b) broadcasts live, or includes live in a cable programme service, the 
whole or any substantial part of a qualifying performance. 
(2) In an action for infringement of a performer's rights brought by 
virtue of this section damages shall not be awarded against a defendant 
who shows that at the time of the infringement he believed on reasonable 
grounds that consent had been given. 
183. A performer's rights are infringed by a person who, without his 
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 performan':e, 
by means of a recording which was, and which that person knows or has 
reason to believe was, made without the performer's consent. 
184.-{ 1) A performer's rights are infringed by a person who, without 
his consent-
(a) imports into the United Kingdom otherwise than for his private 
and domestic use, or IP/N/1/GBRlC/1 
Page 101 
Copyright, Designs and Patents Act 1988 c.48 
(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. 
(2) Where in an action for infringement of a performer's rights 
brought by virtue of this section a defendant shows that the illicit 
recording was innocently acquired by him or a predecessor in title of his, 
the only remedy available against him in respect of the infringement is 
damages not exceeding a reasonable payment in respect of the act 
complained of. 
(3) In subsection (2) "innocently acquired" means that the person 
acquiring the recording did not know and had no reason to believe that it 
was an illicit recording. 
Rights of person having recording rights 
185.--( 1) In this Part an "exclusive recording contract" means a 
contract between a performer and another person under which that 
person is entitled to the exclusion of all other persons (including the 
performer) to make recordings of one or more of his performances with a 
view to their commercial exploitation. 
(2) References in this Part to a "person having recording rights", in 
relation to a performance, are (subject to subsection (3» to a person-
(a) who is party to and has the benefit of an exclusive recording 
contract to which the performance is subject, or 
(b) to whom the benefit of such a contract has been assigned, 
and who is a qualifying person. 
(3) If a performance is subject to an exclusive recording contract but 
the person mentioned in subsection (2) is not a qualifying person, 
references in this Part to a "person having recording rights" in relation to 
the performance are to any person-
(a) who is licensed by such a person to make recordings of the 
performance with a view to their commercial exploitation, or 
(b) to whom the benefit of such a licence has been assigned, 
and who is a qualifying person. 
(4) In this section "with a view to commercial exploitation" means 
with a view to the recordings being sold or let for hire, or shown or played 
in public. PART 11 
Exclusive 
recording 
contracts and 
persons having 
recording rights. 
186.--(1) A person infringes the rights of a person having recording Consent required 
rights in relation to a performance who, without his consent or that of the for recording of 
performer, makes a recording of the whole or any substantial part of the performance 
performance, otherwise tha,n for hi~ private and domestic use. !~~f:~v~ocontract. 
(2) In an action for infringement of those rights brought by virtue of 
this section damages shall not be awarded against a defendant who shows 
that at the time of the infringement he believed on reasonable grounds 
that consent had been given. IP/N/lIGBRlC/1 
Page 102 
PART II 
Infringement of 
recording rights 
by use of 
recording made 
without consent. 
Infringement of 
recording rights 
by importing, 
possessing or 
dealing with illicit 
recording. 
Acts permitted 
notwithstanding 
rights conferred 
by this Part. 
Power of tribunal 
to give consent on 
behalf of 
performer in 
certain cases. c.48 Copyright, Designs and Patents Act 1988 
187.-(1) A person infringes the rights of a person having recording 
rights in relation to a performance who, without his consent or, in the case 
of a qualifying performance, tha~.o( the performer-
(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. 
(2) The reference in subsection (l) to '·the appropriate consent" is to 
the consent of-
(a) the performer, or 
(b) the person who at the time the consent was given had recording 
rights in relation to the performance (or, if there was more than 
one such person, of all of them). 
188.-(1) A person infringes the rights of a person having recording 
rights in relation to a performance who, without his consent or, in the case 
of a qualifying performance, that of the performer-
(a) imports into the United Kingdom otherwise than for his private 
and domestic USf., 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. 
(2) Where in an action for infringement of those rights brought by 
virtue of this section a defendant shows that the illicit recording was 
innocently acquired by him or a predecessor in title of his, the only 
remedy available against him in respect of the infringement is damages 
not exceeding a reasonable payment in respect of the act complained of. 
(3) In subsection (2) "innocently acquired" means that the person 
acquiring the recording did not know and had no reason to believe that it 
was an illicit recording. 
Exceptions to rights conferred 
189. The provisions of Schedule 2 specify acts which may be done 
notwithstanding the rights conferred by this Part, being acts which 
correspond broadly to certain of those specified in Chapter III of Part I 
(acts permitted notwithstanding copyright). 
190.-(1) The Copyright Tribunal may, on the application of a person 
wishing to make a recording from a previous recording of a performance, 
give consent in a case where-
(a) the identity or whereabouts of a performer cannot be ascertained 
by reasonable inquiry, or 
(b) a performer unreas·onably withholds his consent. 
(2) Consent given by the Tribunal has effect as consent of the performer 
for the purposes of-
(a) the provisions of this Part relating to performers' rights, and IP/NIlIGBRlCI 1 
Page 103 
Copyright, Designs and Patents Act 1988 c.48 
(b) section 198(3)(a) (criminal liability: sufficient consent in relation 
to qualifying performances), 
and may be given subject to any c6nditions specified in the Tribunal's 
order. 
(3)'The Tribunal shall not give consent under subsection (l)(a) except 
after the service or publication of such notices as may be required by rules 
made under section 150 (general procedural rules) or as the Tribunal may 
in any particular case direct. 
(4) The Tribunal shall not give consent under subsection (l)(b) unless 
satisfied that the perfonner's reasons for withholding consent do not 
include the protection of any legitimate interest of his; but it shall be for 
the performer to show what his reasons are for withholding consent, and 
in default of evidence as to his reasons the Tribunal may draw such 
inferences as it thinks fit. 
(5) In any case the Tribunal shall take into account the following 
factors-
(a) whether the original recording was made with the performer's 
consent and is lawfully in the possession or control of the person 
proposing to make the further recording; 
(b) whether the making of the further recording is consistent with the 
obligations of the parties to the arrangements under which, or 
is otherwise consistent with the purposes for which, the original 
recording was made. 
(6) Where the Tribunal gives consent under this section it shall, in 
default of agreement between the applicant and the performer, make such 
order as it thinks fit as to the payment to be made to the performer in 
consideration of consent being given. 
Duration and transmission of rights; consent PART 11 
191. The rights conferred by this Part continue to subsist in relation to Duration of 
a performance until the end of the period of 50 years from the end of the rights. 
calendar year in which the performance takes place. 
192.-{ I) The rights conferred by this Part are not assignable or Transmission of 
transmissible, except to the extent that performers' rights are rights. 
transmissible in accordance with the following provisions. 
(2) On the death of a person entitled to performer's rights-
(a) the rights pass to such person as he may by testamentary 
disposition specifically direct, and 
(b) if or to the extent that there is no such direction, the rights are 
exercisable by his personal representatives; 
and references in this Part to the performer, in the context of the person 
having performers' rights, shall be construed as references to the person 
for the time being entitled to exercise those rights. 
(3) Where by virtue of subsection (2)(a) a right becomes exercisable by 
more than one person, it is exercisable by each of them independently of 
the other or others. IP/NIlIGBRlCI 1 
Page 104 
PART JI 
Consent. 
Infringement 
actionable as 
breach of 
statutory duty. 
Order for delivery 
up. 
Right to seize 
illicit recordings. c.48 Copyright, Designs and Patents Act 1988 
(4) The above provisions do not affect section 185(2)(b) or (3)(b), so 
far as those provisions confer rights under this Part on a person to whom 
the benefit of a contract or licence is assigned. 
(5) Any damages recovered by personal representatives by virtue of this 
section in respect of an infringement after a person's death shaH devol'v'e 
a~· part of his estate as if the right of action had :mbsisted and been \'csted 
in ~im immediately before his death. 
193.-( I) Consent for the purposes of this Part may be given in relation 
to a specific performance, a specified descrilJtion of performances or 
performances generally, and may relate to past or future performances. 
(2) A person having recording rights in a performance is bound by any 
consent given by a person through whom he derives his rights under the 
exclusive recording contract or licence in question, in the same way as if 
the consent had been given by him. 
(3) Where a right conferred by this Part passes to another person, any 
consent binding on the person previously entitled binds the person to 
whom the right passes in the same way as if the consent had been given by 
him. 
Remedies for infringement 
194. An infringem~:- .. t of any of the rights conferred by this Part is 
actionable by the person entitled to the right as a breach of statutory duty. 
195.-(1) Where a person has in his possession, custody or control in 
the course of a business an illicit recording of a performance, a person 
having performer's rights or recording rights in relation to the 
performance under this Part may apply to the court for an order that the 
recording be delivered up to him or to such other person as the court may 
direct. 
(2) An application shall not be made after the end of the period 
specified in section 203; and no order shall be made unless the court also 
makes, or it appears to the court that there are grounds for making, an 
order under section 204 (order ~s to disposal of illicit recording). 
(3) A person to whom a recording is delivered up in pursuance of an 
order under this section shall, if an order under section 204 is not made, 
retain it pending the making of an order, or the decision not to make an 
order, under that section. 
(4) Nothing in this section affects any other power of the court. 
196.-(1) An illicit recording ofa performance which is found exposed 
or o:herwise immediately available for sale or hire, and in respect of 
wh!ch a person would be entitled to aprly for an order under section 195, 
may be seized and detained by him or a person authorised by him. 
The right to seiz~ and detain is exerci~able subject to the following 
cor.ditions and is subject to any decision of the court under section 204 
(order as to disposal of illicit recording). 
(2) Before anything is seized under this section notice of the time and 
place of the proposed seizure must be given to a local police station. IP/NIlIGBRlCI 1 
Page 105 
Copyright, Designs and Patents Acr1988 c.48 
(3) A person may for the purpose of exercising the right conferred by 
this section enter premises to which the public have access but may not 
seize anything in the possession, custody or control of a person at a 
permanent or regular place of business of his and may not use any force. 
(4) At the time when anything is seized under this section there shall be 
left at the place where it was seized a notice in the prescribed form 
containing the prescribed particulars as to the person by whom or on 
whose authority the seizure is made and the grounds on which it is made. 
(5) In this section-
"premises" includes land, buildings, fixed or moveable structures, 
vehicles, vessels, aircraft and hovercraft; and 
"prescribed" means prescribed by order of the Secretary of State. 
(6) An order of the Secretary of State unaer this section shall be made 
by statutory instrument which shall be subject to annulment in pursuance 
of a resolution of either House of Parliament. 
197.-{ I) In this Part "illicit recording", in relation to a performance, 
shall be construed in accordance with this section. 
(2) For the purposes of a performer's rights, a recording of the whole 
or a.ny substantial part of a performance of his is an illicit recording if it 
is made, otherwise than for private purposes, without his consent. 
(3) For the purposes of the rights of a person having recording rights, 
a recording of the whole or any substantial part of a performance subject 
to the exclusive recording contract is an illicit recording if it is made, 
otherwise than for private purposes, without his consent or that of the 
performer. 
(4) For the purposes of sections 198 and 199 (offences and orders for 
delivery up in criminal proceedings), a recording is an illicit recording if 
it is an illicit recording for the purposes mentioned in subsection (2) or 
subsection (3). 
(5) In this Part "illicit recording" includes a recording falling to be 
treated as an illicit recording by virtue of any of the following provisions 
of Schedule 2-
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. 
(6) It is immaterial for the purposes of this section where the recording 
was made. PART II 
Meaning of "illicit 
recording". IP/N/lIGBRlC/1 
Page 106 
PART 11 
Criminal liability 
for making. 
dealing with or 
using illicit 
recordings. c.48 Copyright, Designs and Patents Act 1988 
Offences 
198.-{1) A person commits an offence who without sufficient 
consent-
(a) makes for sale or hire, or 
(b) imports into the United Kingdom otherwise than for his private 
and domestic use, or 
(c) possesses in the course of a business with a view to committing 
any act infri'1ging the rights conferred by this Part, or 
(d) in the course of a business-
(i) sells or let~ for hir.!, or 
(ii) offers or exposes for sale or hire, or 
(iii) distributes, 
a recording which is, and which he knows or has reason to believe is, an 
illicit recording. 
(2) A person commits an offence who causes a recording of a 
perfom·ance made without sufficient consent to be-
(a) shown or played in public, or 
(b) broadcast or inc!ucied in a cable programme service, 
thereby infringing any of the rights conferred by this Part, if h~ knows or 
has reason to believe that those rights are thereLy infr~nged. 
(3) In subsections (1) and (2) "sufficient consent" means-
(a) in the case of a qualifying performance, the consent of the 
performer, and 
(b) in the case of a non-qualifying performance subject to an 
exclusive recording contract-
(i) for the purposes of subsection (I )(a) (making of 
recording), the consent of the performer or the person having 
recording rights, and 
(ii) for the purposes of subsection (1 )(bj, (c) and (d) and 
subsection (2) (dealing l,J/ith or using rec')rGing), the consent 
of the person having recording right~. 
The references in this subsection to the person hauing ~·ecording rights 
are to the person having those rights at the time the '"(,flscnt is given or, if 
there is more than one such person, to all of them. 
(4) No offence is committed under subsection (1) or (2) by the 
commission of an act which by virtue of any provision of Schedule 2 may 
be done without infringing the rights conferred by this Part. 
(5) A person guilty of an offence under subsection (I)(a), (b) or (d)(iii) 
is liable-
(a) on summary conviction to imprisonment for a term not 
exceeding six months or a fine not exceeding the statutory 
maximum, or both; 
(b) on conviction on indictme~t to a fine or imprison:nent for a term 
not exceeding two years, or both. 
(6) A person guilty of any other offence under ttAis section is liable on 
summary conviction to a fine not exceeding level 5 on the standard scale 
or imprisonment for a term not exceeding six months, or both. IP/N/1/GBRlC/I 
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Copyright. Designs and Patents Act 1988 c.48 
199.-{ 1) The court before which proceedings are brought against a PART II 
person for an offence under section 198 may, if satisfied that at the time Order for delivery 
of his arrest or charge he had in his possession, custody or control in the up in criminal 
course of a business an illicit recording of a performance, order that it be proceedings. 
delivered up to a person having performers' rights or recording rights in 
relation to the performance or to such other person as the court may 
direct. 
(2) For this purpose a person shall be treated as charged with an 
o ffence-
(a) in England, Wales and Northern Ireland, when he is orally 
charged or is served with a summons or indictment; 
(b) in Scotland, when he is cautioned, charged or served with a 
complaint or indictment. 
(3) An order may be made by the court 9f its own motion or on the 
application of the prosecutor (or, in Scotland, the Lord Advocate or 
procurator-fiscal), and may be made whether or not the person is 
convicted of the offence, but shall not be made-
(a) after the end of the period specified in section 203 (period after 
which remedy of delivery up not available), or 
(b) if it appears to the court unlikely that any order will be made 
under section 204 (order as to disposal of illicit recording). 
(4) An appeal lies from an order made under this section by a 
magistrates' court-
(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 been removed may, without predudice to any other form of appeal 
under any rule of law, appeal against that order in the same manner as 
against sentence. 
(5) A person to whom an illicit recording is delivered up in pursuance 
of an order under this section shall retain it pending the making of an 
order, or the decision not to make an order, under section 204. 
(6) Nothing in in this section affects the powers of the court under 
section 43 of the Powers of Criminal Courts Act 1973, section 223 or 436 
of the Criminal Procedure (Scotland) Act 1975 or Article 7 of the 
Criminal Justice (Northern Ireland) Order 1980 (general provisions as to 
forfeiture in criminal proceedings). 
200.-{1) Where a justice of the peace (in Scotland, a sheriff or justice 
of the peace) is satisfied by information on oath given by a constable (in 
Scotland, by evidence on oath) that there are reasonable grounds for 
believing-
(a) that an offence under section 198( I )(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. 1973 c. 62. 
1975 c. 21. 
S.1. 1980/704 
(N.1.6). 
Search warrants. IP/NIlIGBRlCI 1 
Page 108 
PART 11 
1984 c. 60. 
False 
representation of 
authority to give 
consent. c.48 Copyright, Designs and Patents Act 1988 
(2) The power conferred by subsection (1) does not, in England and 
Wales, extend to authorising a search for material of the kinds mentioned 
in section 9(2) of the Police and Criminal Evidence Act 1984 (certain 
classes of personal or confidential material). 
(3) A warrant under subsection (1)-
(a) may authorise persons to accompany any constable executing 
the warrant, and 
(b) remains in force for 28 days from the date of its issue. 
(4) In this section "premises" includes land, buildings, fixed or 
moveable structures, vehicles, vessels, aircraft ar. d hovercraft. 
201.-{l) It is an offence for a person to represent falsely that he is 
authorised by any person to give consent for the purposes of this Part in 
relation to a perfonnance, unless he believes.on reasonable grounds that 
he is so authorised. 
(2) A person guilty of an offence under this section is liable on 
summary conviction to imprisonment for a term not exceeding six 
months or a fine not exceeding level 5 on the standard scale or both. 
Offence by body 202.-{1) \Vhere an offence under this Part committed by a body 
corporate: corporate is proved to have been committed with the consent or 
liability of officers. connivance of a director, manager, secretary or othtr similar officer of the 
Period after which 
remedy cf delivery 
up not available. 
1980 c. 58. 
1973 c. 52. 
1958 c. 10 (N.I.). body, or a person purporting to act in any such ~ap1city, he as well as the 
body corporate is guilty of the offenl:e and liable to be pro~eeded against 
and punished accordingly. 
(2) In relation to a body corporate whose affairs are managed by its 
members "director" means a member of the body corporate. 
Supplementary provisions with respect to delivery up and seizure 
203.-{1) An application for an order under section 195 (order for 
delivery up in civil proceedings) may not be made after the end of the 
period of six years from the date on which the illicit recording in question 
wa~ Tllade, subject to the following provisions. 
(2) If during the whole or any part of that period a person entitled to 
apply for an order-
(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. 
(3) In subsection (2) "disability"-
(a) in England and Wales, has the same meaning as in the Limitation 
Act 1980; 
(b) in Scotland, means legal disability within the meaning of the 
Prescription and Limitations (Scotland) Act 1973; 
(c) in Northern Ireland, has the same meaning as in the Statute of 
Limitation (Northern Ireland) 1958. IP/N/lIGBRlC/1 
Page 109 
Copyright, Designs and Patents Act 1988 c.48 
(4) An order under section 199 (order for delivery up in criminal 
proceedings) shall not, in any case, be made after the end of the period 
of six years from the date on which the illicit recording in question was 
made. PART 11 
204.--(1) An application may be made to the court for an order that an Order as to 
illicit recording of a performance delivered up in pursuance of an order disposal of illicit 
under section 195 or 199, or seized and detained in pursuance of the right recording. 
conferred by section 196, shall be-
(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. 
(2) In considering what order (if any) should be made, the court shall 
consider whether other remedies available in an action for infringement 
of the rights conferred by this Part would be adequate to compensate the 
person or persons entitled to the rights and to protect their interests. 
(3) Provision shall be made by rules of court as to the service of notice 
on persons having an interest in the recording, and any such person is 
entitled-
(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. 
(4) Where there is more than one person interested in a recording, the 
court shall make such order as it thinks just and may (in particular) direct 
that the recording be sold, or otherwise dealt with, and the proceeds 
divided. 
(5) If the court decides that no order should be made under this section, 
the person in whose possession" custody or control the recording was 
before being delivered up or sei?ed is entitled to its return. 
(6) References in this section to a person having an interest in a 
recording include any person in whose favour an order could be made in 
respect of the recording under this section or under section 114 or 231 of 
this Act or section 58C of the Trade Marks Act 1938 (which make similar 1938 c. 22. 
provision in relation to infringement of copyright, design right and trade 
marks). 
205.--(1) In England, Wales and Northern Ireland a county court may Jurisdiction of 
entertain proceedings under- county court and 
sheriff court. section 195 (order for delivery up of illicit recording), or 
section 204 (order as t~ disposal of illicit recording), 
where the value of the illicit recordings in question does not exceed the 
county court limit for actions in tort. 
(2) In Scotland proceedings for an order under either of those 
provisions may be brought in the sheriff court. IP/N/lIGBRfC/1 
Page 110 
PART II 
Qualify;rlg 
countrit'"s, 
individLalsand 
persons. 
Countries to 
which this Part 
extends. 
Countries 
enjoying 
reciprocal 
protection. c.48 Copyright, Designs and Patents Act 1988 
(3) Nothing in this section shall be construed as affecting the 
jurisdiction of the High Court or, in Scotland, the Court of Session. 
Qualification for protection and extent 
206.-(1) In this Part-
"qualifying country" means-
(a) the United Kingdom, 
(b) another member State of the European Economic 
Community, or 
(c) to the extent that an Order ur!der section 208 so 
provides, a country designated under that s~~tion as enjoying 
reciprocal protection; 
"qualifying individual" means a citfzen or subject of, or an 
individual resident in, a qualifying country; and 
"qualifying person" means a qualiJying individual or a body 
corporate or other body having lega! personaEty which-
(a) is formed under the law of a part of the Ueited 
Kingdom or another qualifying country, and 
(b) has in any qualifying couniry a p1:ice of busine~s at 
which substantial business act~vity Is carntd on. 
(2) The reference in the definition of "qualifying individual" to a 
person's being a citizen or subject of a qualifying country shall be 
construed-
(a) in relation to the United Kingdom, as a reference to his being a 
British citizen, and 
(b) in relation to a colony of the United Kingdom, as a reference to 
his being a British Dependent Territories' citizen by connection 
with that colony. 
(3) In determining for the purpose of the definition of "qualifying 
person" whether substantial business activity is carried on at a place of 
business in any country, no account shall be taken of dealings in goods 
which are at all material times outside that country. 
207. This Part extends to England and Wales, Scotland and Northern 
Ireland. 
208.-(1) Her Majesty may by Order in Council designate as enjoying 
reciprocal protection under this Part-
(a) a Convention country, or 
(b) a country as to which Her Majesty is satisfied that provision has 
been or will be made under its law giving adequate protection 
for British performances. 
(2) A "Convention country" means a countryv.hich is a party to a 
Convention relating to performers' rights to which the United Kingdom 
is also a party. IP/N/l/GBRlC/1 
Page 111 
Copyright, Designs and Patents Act 1988 c.48 
(3) A "British performance" means a performance-
(a) given by an individual who is a British citizen or resident in the 
United Kingdom, or 
(b) taking place in the United Kingdom. 
(4) If the law of that country provides adequate protection only for 
certain descriptions of performance, an Order under subsection (l)(b) 
designating that country shall contain provision limiting to a 
corresponding extent the protection afforded by this Part in relation to 
performances connected with that country. 
(5) The power conferred by subsection (I )(b) is exercisable in relation 
to any of the Channel Islands, the Isle of Man or any colony of the United 
Kingdom, as in relation to a foreign country. 
(6) A statutory instrument containing an Order in Council under this 
section shall be subject to annulment in pursu'ance ofa resolution of either 
House of Parliament. 
209.-{ I) For the purposes of this Part the territorial waters of the 
United Kingdom shall be treated as part of the United Kingdom. 
(2) This Part applies to things done in the United Kingdom sector of 
the continental shelf on a structure or vessel which is present there for 
purposes directly connected with the exploration of the sea bed or subsoil 
or tpe exploitation of their natural resources as it applies to things done 
in the United Kingdom. 
(3) The United Kingdom sector of the continental shelf means the 
areas designated by order under section I (7) of the Continental Shelf Act 
1964. PART II 
Territorial waters 
and the 
continental shelf. 
1964 c. 29. 
210.-(1) This Part applies to things done on a British ship, aircraft or British ships. 
hovercraft as it applies to things done in the United Kingdom. aircraft and 
hovercraft. 
(2) In this section-
"British ship" means a ship which is a British ship for the purposes 
of the Merchant Shipping Acts (see section 2 of the Merchant 1988 c. 12. 
Shipping Act 1988) otherwise than by virtue of registration in a 
country outside the United Kingdom; and 
"British aircraft" and "British hovercraft" mean an aircraft or 
hovercraft registered in the United Kingdom. 
Interpretation 
211.--( 1) The following expressions have the same meaning in this Part 
as in Part I (copyright)-
broadcast, 
business, 
cable programme, 
cable programme service, 
country, 
defendant (in Scotland), 
delivery up (in Scotland), 
film, Expressions 
having same 
meaning as in 
copyright 
provisions. IP/N/lIGBRlC/1 
Page 112 
PART 11 
Index of defined 
expressions. 
Design right. c.48 Copyright, Designs and Patents Act 1988 
literary work, 
published, and 
sound recording. 
(2) The provisions of section 6(3) to (5), section 7(5) and 19(4) 
(supplementary provisions relating to broadcasting and cable 
programme services) apply for the purposes of this Part, and in relation 
to an infringement of the rights conferred by this Part, as they apply for 
the purposes of Part I and in relation to an infringement of copyright. 
212. The following Table shows provisions defining Jr otherwise 
explaining expressions used in this Part (other than provisions defini:1g or 
explaining an expression used only in the same section)-
broadcast (and related expressions) 
business 
cable programme, cable programme 
service (and related expressions) 
country 
defendant (in Scotland) 
delivery up (in Scotland) 
exclusive recording contract 
film 
illicit recording 
literary work 
performance 
published 
qualifying country 
qualifying individual 
qualifying perfonnance 
qualifying person 
recording (of a perfonnance) 
recording rights (person having) 
sound recording 
PART III 
DESIGN RIGHT 
CHAPTER I section 211 (and section 6) 
section 211(1) (and section 178) 
section 211 (and section 7) 
section 211 (I) (and section 178) 
section 211 ( I ) (and section 177) 
section 211 (1) (and section 177) 
section 185( I) 
section 211(1) (and section 5) 
section 197 
section 211 (1 Hand section 3( I» 
se=tion 180(2) 
section 211 (I) (and section 175) 
section 206(1) 
section 206( 1) and (2) 
section 181 
section 206(1) and (3) 
section 180(2) 
section 185(2) and (3) 
section 211 (I) (and section 5). 
DESIGN RIGHT IN ORIGINAL DESIGNS 
Introductory 
213.-(1) Design right is a property right which subsists in accordance 
with this Part in an original design. 
(2) In this Part "design" means the design of any aspect of the shape 
or configuration (whether internal or external) of the whole or part of an 
article. 
(3) Design right does not subsist in-
(a) a method or principle of construction, 
(b) features of shape or configuration of an article which-
(i) enable the article to be connected to, or placed in, 
around or against, another article so that either article may 
perform its function, or IP/NI lIGBRfCI 1 
Page 113 
Copyright, Designs and Patents Act 1988 c.48 
(ii) are dependent upon the appearance of another article 
of which the article is intended by the designer to form an 
integral part, or 
(c) surface decoration. 
(4) A design is not "original" for the purposes of this Part if it is 
commonplace in the design field in question at the time of its creation. 
(5) Design right subsists in a design only if the design qualifies for 
design right protection by reference to-
(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). 
(6) Design right does not subsist unless and until the design has been 
recorded in a design document or an article has been made to the design. 
(7) Design right does not subsist in a design which was so recorded, or 
to which an article was made, before the commencement of this Part. PART III 
214.--( 1) In this Part the "designer", in relation to a design, means the The designer. 
person who creates it. 
(2) In the case of a computer-generated design the person by whom the 
arrangements necessary for the creation of the design are undertaken 
shall be taken to be the designer. 
215.--(1) The designer is the first owner of any design right in a design Ownership of 
which is not created in pursuance of a commission or in the course of design right. 
employment. 
(2) Where a design is created in pursuance of a commission, the person 
commissioning the design is the first owner of any design right in it. 
(3) Where, in a case not falling within subsection (2) a design is created 
by an employee in the course of his employment, his employer is the first 
owner of any design right in the design. 
(4) If a design qualifies for design right protection by virtue of section 
220 (qualification by reference to first marketing of articles made to the 
design), the above rules do not apply and the person by whom the artic;les 
in question are marketed is the first owner of the design right. 
216.--(1) Design right expires-
(a) fifteen years from the end of the calendar year in which the design 
was first recorded in a design document or an article was first 
made to the design, whichever first occurred, or 
(b) if articles made to the design are made available for sale or hire 
within five years from the end of that calendar year, ten years 
from the end of the calendar year in which that first occurred. 
(2) The reference in subsection (1) to articles being made available for 
sale or hire is to their being made so available anywhere in the world by 
or with the licence of the design right owner. Duration of 
design right. IP/NIlIGBRlCI 1 
Page 114 
PART III 
Qualifying 
individuals and 
qualifying 
persons. 
Qualification by 
reference to 
designer. c. 48 Copyright, Designs and Patents Act 1988 
Qualification for design right protection 
217.-(1) In this Part-
"qualifying individual" means a citizen or subject of. or an 
indi\'i~u2.ll-tabitu:illy resident in, a qualifying country; and 
"qualIf) mg per!,on" m~ans a qualifying individual or a 90dy 
cor/orate or oth~r hody having legal personality which-
(a) is form2d under the law of a part of the United 
Kingdom or another qualifying country, and 
(b) has in any qualifying country a place of business at 
which substantial business activity is carried on. 
(2) References in this Part to a qualifying person include the Crown 
and the government of any other qualifying country. 
(3) In this section "qualifying country" rrieans-
(a) the United Kingdom, 
(b) a country to which this Part extends by virtue of an Order under 
section 255, 
(c) another member State of the Europc2n Economic Community, 
or 
(d) to the extent that an Order under section 256 so provides, a 
country designated under that section as enjoying reciprocal 
protection. 
(4) The reference in the definition of "qualifying individual" to a 
person's being a citizen or subject of a qualifying country shall be 
construed-
(a) in relation to the United Kingdom, as a reference to his being a 
British citizen, and 
(b) in relation to a colony of the United Kingdom, as a reference to 
his being a British Dependent Territcries' ci~izeil by connection 
with that colony. 
(5) In determining for the purpose of the definition of "qualifying 
person" whether substantial business activity is carried on at a place of 
business in any country, no account shall be taken of dealings in goods 
which are at all material times outside that country. 
218.-( 1) This section applies to a design which is not created in 
pursuance of a commission or in the course of employment. 
(2) A design to which this section applies qualifies for design right 
protection if the designer is a qualifying individual or, in the case of a 
computer-generated design, a qualifying person. 
(3) Ajoint design to which this section applies qualifies for design right 
protection if any of the d ~si6ners is a qualifying individual or, as the case 
ma~' oe, a quaL;ying perS0n. 
(4) Where a.ioint design qpalifies for design right protection under this 
section, only those designers who are qualifying indi viduals or qualifying 
persons are entitled to design right under section 215( 1) (flrst ownership 
of design right: entitlement of designer), Copyright, Designs and Patents Act 1988 IP/N/lIGBRlCIl 
Page 115 
c.48 
219.-{ 1) A design qualifies for design right protection if it is created in PART III 
pursuance of a commission from, or in the course of employment with, a Qualification by 
qualifying person. reference to 
commissioner or 
(2) In the case of a joint commission or joint employment a design employer. 
qualifies for design right protection if any of the commissioners or 
employers is a qualifying person. 
(3) Where a design which is jointly commissioned or created in the 
course of joint employment qualifies for design right protection under this 
section, only those commissioners or employers who are qualifying 
persons are entitled to design right under section 215(2) or (3) (first 
ownership of design right: entitlement of commissioner or employer). 
220.-(1) A design which does not qualify for design right protection Qualification by 
under section 218 or 219 (qualification 'by reference to designer, reference to first 
commissioner or employer) qualifies for design right protection if the first marketing, 
marketing of articles made to the design-
(a) is by a qualifying person who is exclusively authorised to put 
such articles on the market in the United Kingdom, and 
(b) takes place in the United Kingdom, another country to which 
this Part extends by virtue of an Order under section 255, or 
another member State of the European Economic Community. 
(2) If the first marketing of articles made to the design is done jointly 
by two or more persons, the design qualifies for design right protection if 
any of those persons meets the requirements specified in subsection (1)(a). 
(3) In such a case only the persons who meet those requirements are 
entitled to design right under section 215(4) (first ownership of design 
right: entitlement of first marketer of articles made to the design). 
(4) In subsection (1)(a) "exclusively authorised" refers-
(a) to authorisation by the person who would have been first owner 
of design right as designer, commissioner of the design or 
employer of the designer if he had been a qualifying person, or 
by a person lawfully claiming under such a person, and 
(b) to exclusivity capable of being enforced by legal proceedings in 
the United Kingdom. 
221.-(1) Her Majesty may, with a view to fulfilling an international Power to make 
obligation of the United Kingdom, by Order in Council provide that a further provision 
design qualifies for design right protection if such requirements as are as to qualification, 
specified in the Order are met. 
(2) An Order may make different provision for different descriptions 
of design or article; and may make such consequential modifications of 
the operation of sections 215 (ownership of design right) and sections 218 
to 220 (other means of qu.alification) as appear to Her Majesty to be 
appropriate. 
(3) A statutory instrument containing an Order in Council under this 
section shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. IP/NIlIGBRlCI 1 
Page 116 
PART III 
Assignment and 
licences. 
Prospective 
oW:lership of 
design right. 
Assignment of 
right in registered 
design presumed 
to carry with it 
design right. 
1949 c. 88. 
Exclusive licences. c.48 Copyright. Designs and Patents Act 1988 
Dealings u:ith design right 
222.-{1) Design right is transmissible by assignment, by testamentary 
disposition or by operation of law, as personal or moveable property. 
(2) An assignment or other transmission of design right may be partial, 
that is, limited so as to apply-
(a) to one or more, but not alL of the things the design right owner 
has the exclusive right to do; 
(b) to part, but not the whole, of the period for which the right is to 
subsist. 
(1) An assignment of design right is not effective unless it is in writing 
siglled by or on behalf of the assignor. 
(4) A licence granted by the owner of design right is binding on every 
successor in title to his interest in the right, .except a purchaser in good 
faith for valuable consideration and without notice (actual or 
constructive) of the licence or a person deriving title from such a 
purchaser; and references in this Part to doing anything with, or without, 
the licence of the design right owner shall be construed accordingly. 
223.-{l) Where by an agreement made in relation to future design 
right, and signed by or on behalf of the pr03pective owner of the design 
right, the prospective owner purports to assign the future design right 
(wholly or partially) to another person, then if, t)n the 1 ight coming into 
existence, the assignee or another person claiming under him would be 
entitled as against all other persons to require the right to be vested in him, 
the right shall vest in him by virtue of this section. 
(2) In this section-
"future design right" means design right which will or may come into 
existence in respect of a future design or class of designs or on 
the occurrence of a future event; and 
"prospective owner" shall be construed accordingly, and includes a 
person who is prospectively entitled te de~ign right by virtue of 
such an agreement as is mentioned in subsection (l). 
(3) A licence granted by a prospective owner of design right is binding 
on every successor in title to h~ interest (or prospective interest) in the 
right, except a purchaser in good faith for valuable consideration and 
without notice (actual or constructive) of the licence or a person deriving 
title from such a purchaser; and references in this Part to doing anything 
with, or without, the licence of the design right owner shall be construed 
accordingly. 
224. Where a design consisting of a design in which design right subsists 
is registered under the Registered Designs Act 1949 and the proprietor of 
the registered design is also the design right owner, an assignment of the 
right in the registered drsign shall be taken to be also an assignment of the 
design right, l~21ess a contrary intention appears. 
225.--(1) In this P2rt an ;'exclusive licence" means a ~:cenci! in writing 
signed by or on behalf of the design right owner authorising the licensee 
to the exclusion of all other persons, including the person granting the 
licence, to exercise a right which would otherwise be exercisable 
exclusively by the design right owner. IP/NIlIGBRlCI 1 
Page 117 
Copyright, Designs and Patents Act 1988 c.48 
(2) The licensee under an exclusive licence has the same rights against 
any successor in title who is bound by the licence as he has against the 
person granting the licence. 
CHAPTER 11 
RIGHTS OF DESIGN RIGHT OWNER AND REMEDIES 
Infringement of design right 
226.-(1) The owner of design right in a design has the exclusive right 
to reproduce the design for commercial purposes-
(a) by making articles to that design, or 
(b) by making a design document recording the design for the 
purpose of enabling such articles to be made. 
(2) Reproduction of a design by making articles to the design means 
copying the design so as to produce articles exactly or substantially to that 
design, and references in this Part to making articles to a design shall be 
construed accordingly. 
(3) Design right is infringed by a person who without the licence of the 
design right owner does, or authorises another to do, anything which by 
virtue of this section is the exclusive right of the design right owner. 
(4) For the purposes of this section reproduction may be direct or 
indirect, and it is immaterial whether any intervening acts themselves 
infringe the design right. 
(5) This section has effect subject to the provisions of Chapter III 
(exceptions to rights of design right owner). PART III 
Primary 
infringement of 
design right. 
227.-(1) Design right is infringed by a person who, without the licence Secondary 
of the design right owner- infringement: 
importing or (a) imports into the United Kingdom for commercial purposes, or dealing with 
(b) has in his possession for commercial purposes, or infringing article. 
(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. 
(2) This section has effect subject to the provisions of Chapter III 
(exceptions to rights of design right owner). 
228.-(1) In this Part "infringing article", in relation to a design, shall 
be construed in accordance with this section. 
(2) An article is an infringing article ifits making to that design was an 
infringement of design right in the design. 
(3) An article is also an infringing article if-
(a) it has been or is' proposed to be imported into the United 
Kingdom, and 
(b) its making to that design in the United Kingdom would have 
been an infringement of design right in the design or a breach of 
an exclusive licence agreement relating to the design. Meaning of 
"infringing 
article". IP/N/lIGBRlC/1 
Page 118 
PART III 
1972 c. 68. 
Rights and 
remedies of design 
right owner. 
Order for delivery 
up. c.48 Copyright, Designs and Patents Act 1988 
(4) Where it is shown that an article is made to a design in which design 
right subsists or has subsisted at any time, it shall be presumed until the 
contrary is proved that the article was made at a time when design right 
subsisted. 
(5) Nothing in subsection (3) shall be con£i:rued as applying to an 
article which may lawfully be imporl:ed into lhe United Ki:1gdom by 
virtue of any enforceable Community right within the meaning of section 
2( 1) of the European Communities Act 1972. 
(6) The expression "infringing article" does not include a design 
document, notwithstanding that its making was or Nould have been an 
infringement of design right. 
Remedies for infringement 
229.-(1) An infringement of design right is actionable by the design 
right owner. 
(2) In an action for infringement of design right all such relief by way 
of damages, injunctions, accounts or otherwise is avc.ilable to the plaintiff 
as is available in respect of the infringement of any other property right. 
(3) The court may in an action for infringement of design right, having 
regard to all the circumstances and in particular to-
(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. 
(4) This section has effect subject to section 233 (innocent 
infringement). 
230.-{ I) Where a person-
(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. 
(2) An application shall not be made after the end of the period 
specified in the following provisions of this section; and no order shall be 
made unless the court also makes, or it appears to the court that there are 
grounds for making, an order under section 231 (order as to disposal of 
infringing article, &c.). 
(3) An application i'or an order under this section may not be made 
after the end of the period of six years from the date 'J'l w~ich the article 
or thing in question v'as made, subject to subsecl io.,1 \t). 
(4) If during the whole or any part of that i)l::r~,od the design right 
uwner-
(a) is under a disability, or IP/NI1/GBRlCI 1 
Page 119 
Copyright. Designs and Patents Act 1988 c. 48 
(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. 
(5) In subsection (4) "disability"-PART HI 
(a) in England and Wales, has the same meaning as in the Limitation 1980 c. 58. 
Act 1980; 
(b) in Scotland, means legal disability within the meaning of the 
Prescription and Limitation (Scotland) Act 1973; 1973 c. 52. 
(c) in Northern Ireland, has the same meaning as in the Statute of 1958 c. ID (N.I.). 
Limitations (Northern Ireland) 1958. 
(6) A person to whom an infringing article or other thing is delivered 
up in pursuance of an order under this section shall, if an order under 
section 231 is not made, retain it pending the making of an order, or the 
decision not to make an order, under that section. 
(7) Nothing in this section affects any other power of the court. 
231.-( I) An application may be made to the court for an order that an Order as to 
infringing article or other thing delivered up in pursuance of an order disposal of 
under section 230 shall be- 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. 
(2) In considering what order (if any) should be made, the court shall 
consider whether other remedies available in an action for infringement 
of design right would be adequate to compensate the design right owner 
and to protect his interests. 
(3) Provision shall be made by rules of court as to the service of notice 
on persons having an interest in the article or other thing, and any such 
person is entitled- . 
(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. 
(4) Where there is more than one person interested in an article or other 
thing, the court shall make such order as it thinks just and may (in 
particular) direct that the thing be sold, or otherwise dealt with, and the 
proceeds divided. 
(5) If the court decides that no order should be made under this section, 
the person in whose possession, custody or control the article or other 
thing was before being delivered up or seized is entitled to its return. IP/N/lIGBRlC/1 
Page 120 
PART III 
1938 c. 22. 
Jurisdiction of 
county court and 
sheriff court. 
Innocent 
infringement. 
Rights and 
remedies of 
exclusive licensee. c.48 Copyright, Designs and Patents Act 1988 
(6) References in this section to a person having an interest in an article 
or other thing include any person in whose favour an order could be made 
in respect of it under this section or under section 114 or 204 of this Act 
or section 58C of the Trade Marks Act 1938 (which make similar 
provision in relation to infringement of copyright, rights in performances 
and trade marks). 
232.-(1) In England, Wales and Northern Ireland a county court may 
entertain proceedings under-
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. 
(2) In Scotland proceedings for an order under any of those provisions 
may be brought in the sheriff court. 
(3) Nothing in this section shall be construed as affecting the 
jurisdiction of the High Court or, in Scotland, the Court of Session. 
233.-(1) Where in an action for infringement of design right brought 
by virtue of section 226 (primary infringement) it is shown that at the time 
of the infringement the defendant did not know, and had no reason to 
believe, that design right subsisted in the design to which the action 
relates, the plaintiff is not entitled to damages against him, but without 
prejudice to any other remedy. 
(2) Where in an action for infringement of design right brought by 
virtue of section 227 (secondary infringement) a defendant shows that ~he 
infringing article was innocently acquired by him or a pr~decessor in title 
of his, the only remedy available against him :n respect of the 
infringement is damages not exceeding a reasonable royalty in respect of 
the act complained of. 
(3) In subsection (2) "innocently acquired" means that the person 
acquiring the article did not know and had no reason to believe that it was 
an infringing article. 
234.-(1) An exclusive licensee has, except against the design right 
owner, the same rights and remedies in respect of matters occurring after 
the grant of the licence as if the licence had been an assignment. 
(2) His rights and remedies are concurrent with those of the desigp­
right owner; and references in the relevant provisions of this Part to the 
design right owner shall be .construed accordingly. 
(3) In an action brought by an exclusive licensee by virtue of this 
sectiop a defendant may avail himself of any defence which would have 
been ~.ivailable to him if the action had been brought by the design right 
owner. IP/N/lIGBRlC/1 
Page 121 
Copyright. Designs and Patents Act 1988 c. 48 
235.--(1) Where an action for infringement of design right brought by PART III 
the design right owner or an exclusive licensee relates (wholly or partly) Exercise of 
to an infringement in respect of which they have concurrent rights of concurrent rights. 
action, the design right owner or, as the case may be, the exclusive licensee 
may not, without the leave of the court, proceed with the action unless the 
other is either joined as a plaintiff or added as a defendant. 
(2) A design right owner or exclusive licensee who is added as a 
defendant in pursuance of subsection (1) is not liable for any costs in the 
action unless he takes part in the proceedings. 
(3) The above provisions do not affect the granting of interlocutory 
relief on the application of the design right owner or an exclusive licensee. 
(4) Where an action for infringement of design right is brought which 
relates (wholly or partly) to an infringement in respect of which the design 
right owner and an exclusive licensee have concurrent rights of action-
(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. 
(5) The design right owner shall notify any exclusive licensee having 
concurrent rights before applying for an order under section 230 (order 
for delivery up of infringing article, &c.); and the court may on the 
application of the licensee make such order under that section as it thinks 
fit having regard to the terms of the licence. 
CHAPTER III 
EXCEPTIONS TO RIGHTS OF DESIGN RIGHT OWNERS 
Infringement of copyright 
236. Where copyright subsists in a work which consists of or includes a Infringement of 
design in which design right subsists, it is not an infringement of design copyright. 
right in the design to do anything which is an infringement of the 
copyright in that work. 
Availability of licences of right 
237.-(1) Any person is e,ntitled as of right to a licence to do in the last 
five years of the design right term anything which would otherwise 
infringe the design right. 
(2) The terms of the licence shall, in default of agreement, be settled by 
the comptroller. Licences available 
in last five years of 
design right. IP/N/I/GBRlC/I 
Page 122 
PART III 
Powers exercisable 
for protection of 
the public interest. 
1973c.41. 
1980 c. 21. 
Undertaking to 
take licence of 
right in 
infringement 
proceedings. c.48 Copyright. Designs and Patents Act 1988 
(3) The Secretary of State may if it appears to him necessary in order 
to-
(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. 
(4) An order shall be made by statutory instrument; and no order shall 
be made unless a draft of it has been laid before and approved by a 
resolution of each House of Parliament. 
238.--{ 1) Where the matters specified in 'a report of the Monopolies 
and Mergers Commission as being those which in the Commission's 
opinion operate, may be expected to operate or have operated against the 
public interest include-
(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, 
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. 
(2) The references in sections 56(2) and 73(2) of that Act, and sections 
1 0(2)(b) and 12(5) of the Competition Act 1980, to the powers specified in 
that Part of that Schedule shall be construed accordingly. 
(3) The terms of a licence available by virtue vf this section shall, in 
default of agreement, be settled by the comptroller. 
239.--{ 1) If in proceedings for infringement of design right in a design 
in respect of which a licence is available as of right under section 237 or 
238 the defendant undertakes to take a licence on such terms as may be 
agreed or, in default of agreement, settled by the comptroller under that 
section- . 
(a) no injunction shall be granted against him, 
(b) no order for delivery up shall be made under section 230, and 
(c) the amount recoverable against him by way of damages or on an 
account of profits shall not exceed double the amount which 
would have been payable by him as licensee if such a licence on 
those terms had been granted before the earliest infringement. 
(2) An undertaking may be given at any time before final order in the 
proceedings, without any admission of liability. 
(3) Nothing in this section affects the remedies available in respect of 
an infringement committed before licences of right were available. IP/N/lIGBRlC/1 
Page 123 
Copyright, Designs and Patents Act 1988 c. 48 
Crown use of designs PART III 
240.-( I) A government department, or a person authorised in writing Crown use of 
by a government department, may without the licence of the design right designs. 
owner-
(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. 
(2) References in this Part to "the services of the Crown" are to-­
(a) the defence of the realm, 
(b) foreign defence purposes, and 
Cc) health service purposes. 
(3) The reference to the supply of articles for "foreign defence 
purposes" is to their supply-
(a) for the defence of a country outside the realm in pursuance of an 
agreement or arrangement to which the government of that 
country and Her Majesty's Government in the United 
Kingdom are parties; or 
. (b) for use by armed forces operating in pursuance of a resolution of 
the United Nations or one of its organs. 
(4) The reference to the supply of articles for "health service purposes" 
are to their supply for the purpose of providing-
(a) pharmaceutical services, 
(b) general medical services, or 
(c) general dental services, 
that is, services of those kinds under Part 11 of the National Health Service 1977 c. 49. 
Act 1977, Part 11 of the National Health Service (Scotland) Act 1978 or 1978 c. 29. 
the corresponding provisions of the law in force in Northern Ireland. 
(5) In this Part-
"Crown use", in relation to a design. means the doing of anything by 
virtue of this section which would otherwise be an infringement 
of design right in the design; and 
"the government department concerned", in relation to such use, 
means the government department by whom or on whose 
authority the act was done. 
(6) The authority ofa government department in respect of Crown use 
of a design may be given to a person either before or after the use and 
whether or not he is authorised, directly or indirectly, by the design right 
owner to do anything in rel.ation to the design. 
(7) A person acquiring anything sold in the exercise of powers 
conferred by this section, and any person claiming under him, may deal 
with it in the same manner as if the design right were held on behalf of the 
Crown. IP/N/lIGBRlC/1 
Page 124 
PART ITI 
Settlement of 
terms for Crown 
use. 
Rights of third 
parties in case of 
Crown use. c.48 Copyright, Designs and Patents Act 1988 
241.-{ I) Where Crown use is made of a design, the government 
departmen t concerned shall- . 
(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. 
(2) Crown use of a design shall be on such terms as, either before or 
after the use, are agreed between the government department concerned 
and the design right o\\'ner with the 2pprov.:ll of the Treasury or, in default 
of agreement, :ue determined by the court. 
In the aprlicati0n of this subsection to Northern Ireland the reference 
to the Treasury ~~lall, where the government department referred to in 
that subsect~on is a No!"thern Ireland department, be construed as a 
refer'~nce to the Department of Finance and Personnel. 
(3) Where the identity of the design right owner cannot be ascertained 
on reasonable inquiry, the government department concerned may apply 
to the court who may order that no royalty or other sum shall be payable 
in respect of Crown use of the design until the owner a~~rees terms with the 
department or refers the matter to the court Cor dt:termir.ation. 
242.-(1) The provisions of any licence, assignment or agreement made 
between the design right owner (or anyone deriving title from him or from 
whom he derives title) and any person other than a government 
department are of no effect in relation to Crown use of a design, or any 
act incidental to Crown use, so far as they-
(a) restrict or regulate anything done in relation to the design, or the 
Ilse of any model, document or other informa tion 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. 
(2) Subsection (1) shall not be construed as authorising the disclosure 
of any such model, document or information in contravention of the 
licence, assignment or agreement. 
(3) Where an exclusive licence is in force in respect of the design­
(a) if the licence was granted for royalties-
(i) any agreement between the desi~n right owner and a 
government department under section 241 (settlement of 
terms for Crown use) requires the consent of the licensee, and 
(ii) the licensee i~ en~jt.led to recover from t~le design right 
owner such part of the payment for Crown use as may be 
agreed between them or, in default of agreement, determined 
by the court; 
(b) if the licence was granted otherwise than for royalties-IP/N/lIGBRlC/1 
Page 125 
Copyright, Designs and Patents Act 1988 c.48 
(i) section 241 applies in relation to anything done which 
but for section 240 (Crown use) and subsection (1) above 
would be an infringement of the rights of the licensee with the 
substitution for references to the design right owner of 
references to the licensee, and 
(ii) section 241 does not apply in relation to anything done 
by the licensee by virtue of an authority given under section 
240. 
(4) Where the design right has been assigned to the design right owner 
in consideration of royalties-
(a) section 241 applies in relation to Crown use of the design as if the 
references to the design right owner included the assignor, and 
any payment for Crown use shall be divided between them in 
such proportion as may be agreed or, in default of agreement, 
determined by the court; and 
(b) section 241 applies in relation to any act incidental to Crown use 
as it applies in relation to Crown use of the design. 
(5) Where any model, document or other information relating to a 
design is used in connection with Crown use of the design, or any act 
incidental to Crown use, section 241 applies to the use of the model, 
document or other information with the substitution for the references to 
the design right owner of references to the person entitled to the benefit 
of any provision of an agreement rendered inoperative by subsection (1) 
above. 
(6) In this section-
"act incidental to Crown use" means anything done for the services 
of the Crown to the order of a government department by the 
design right owner in respect of a design; 
"payment for Crown use" means such amount as is payable by the 
government department concerned by virtue of section 241; and 
"royalties" includes any benefit determined by reference to the use of 
the design. 
243.-(1) Where Crown use is made of a design, the government 
department concerned shall pay-
(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. 
(2) Compensation is payable only to the extent that such a contract 
could have been fulfilled from his existing manufacturing capacity; but is 
payable notwithstanding the existence of circumstances rendering him 
ineligible for the award of such a contract. 
(3) In determining the loss, regard shall be had to the profit which 
would have been made on such a contract and to the extent to which any 
manufacturing capacity was under-used. 
(4) No compensation is payable in respect of any failure to secure 
contracts for the supply of articles made to the design otherwise than for 
the services of the Crown. PART III 
Crown use: 
compensation for 
loss of profit. IP/NIlIGBRlCI 1 
Page 126 
PART III 
Special provision 
for Crown use 
during emergency. 
Power to provide 
for further 
exceptions. c.48 Copyright, Designs and Patents Act 1988 
(5) The amount payable shalL if not agreed between the design right 
owner or licensee and the government department concerned with the 
approval of the Treasury. be determined by the court on a reference 
under section 252; and it is in addition to any amount payable under 
section 241 or 242. 
(6) In the application of this section to i\orthern Ireland, the reference 
in subsection (5) to the Treasury shalL where the government department 
concerned is a Northern Ireland department, be construed as a reference 
to the Department of Finance and Personnel. 
244.-{ 1) During a period of emergency the powers exercisable in 
relation to a design by virtue of section 240 (Crown use) include power to 
do any act which would otherwise be an infringement of design right for 
any purpose which appears to the government department concerned 
necessary or expedient-
(a) for the efficient prosecution of any war in which Her 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 s;'fvices essential to the 
well-being of the community; 
(d) for promoting the productivity of inGllstry, 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 \\'hole 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 a:ld the restoration and 
distribution of essential supplies and services in any country 
outside the United Kingdom which is in grave distress as the 
result of war. 
(2) References in this Part to the services of the Crown include, as 
respects a period of emergency. those purposes: and references to "Crown 
use" include any act which would apart from this section be an 
infringement of design right. 
(3) In this section "period of emergency" means a period beginning 
with such date as may be declared by Order in Council to be the 
beginning, and ending with such date as may be so declared to be the end, 
of a period of emergency for the purposes of this section. 
(4) No Order in Council under this section shall be submitted to Her 
Majesty unless a draft of it has been laid before and approved by a 
resolution of each House of Parliament. 
General 
245.-( 1) The Secretary of State may if it appears to him necessary in 
order to-
(a) comply with an international obligation of the United Kingdom, 
or IP/NIl/GBRlCI 1 
Page 127 
Copyright. Designs and Patents Act 1988 c.48 
(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. 
(2) An order may make different provision for different descriptions of 
design or article. 
(3) An order shall be made by statutory instrument and no order shall 
be made unless a draft of it has been laid before and approved by a 
resolution of each House of Parliament. 
CHAPTER IV 
JURISDICTION OF THE COMPTROLLER AND THE COURT 
Jurisdiction of The comptroller 
246.-(1) A party to a dispute as to any of the following matters may 
refer the dispute to the comptroller for his decision-
(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. 
(2) No other court or tribunal shall decide any such matter except­
(a) on a reference or appeal from the comptroller, 
(b) in infringement or other proceedings in which the issue arises 
incidentally, or 
(c) in proceedings brought with the agreement of the parties or the 
leave of the comptroller. 
(3) The comptroller has jurisdiction to decide any incidental question 
of fact or law arising in the course of a reference under this section. 
247.-( I) A person requiring a licence which is available as of right by 
virtue of-
(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. 
(2) No application for the settlement of the terms of a licence available 
by virtue of section 237 may be made earlier than one year before the 
earliest date on which the licence may take effect under that section. 
(3) The terms of a licence settled by the comptroller shall authorise the 
licensee to do-
(a) in the case oflicence available by virtue of section 237, everything 
which would be an infringement of the design right in the 
absence of a licence; 
(b) in the case of a licence available by virtue of section 238, 
everything in respect of which a licence is so available. PART III 
Jurisdiction to 
decide matters 
relating to design 
right. 
Application to 
settle terms of 
licence of right. IP/NIlIGBRlCI 1 
Page 128 
PART III 
Settlement of 
terms where 
design right owner 
unknown. 
Appeals as to 
terms of licence of 
right. 
1949 c. 88. 
Rules. c. 48 Copyright. Designs and Patents Act 1988 
(4) In settling the tenns of a licence the comptroller shall have regard 
to such factors as may be prescribed by the Secretary of State by order 
made by statutory instrument. 
(5) No such order shall be made unless a draft of it has been laid before 
and approved by a resoiution of each House of Parliament. 
(6) Where the terms of a licence are settled by the comptroller, the 
licence has effect-
(a) in the case of an application in respect of a licence available by 
virtue of section 237 made before the earliest date on which the 
licence may take effect under that section, from that date; 
(b) in any other case, from the date on which the application to the 
comptroller was made. 
248.-{ 1) This section applies where a person making an application 
under section 247 (settlement of terms of licence of right) is unable on 
reasonable inquiry to discover the identity of the design right owner. 
(2) The comptroller may in settling the terms of the licence order that 
the licence shall be free of any obligation as to royalties or other 
payments. 
(3) If such an order is made the design right owner may apply to the 
comptroller to vary the terms of the licence with effecl from the date on 
which his application is made. 
(4) If the tenns of a licence are settled by the comptroller and it is 
subsequently established that a licence was not available as of right, the 
licensee shall not be liable in damages for, or for an account of profits in 
respect of, anything done before he \vas aware of any claim by the design 
right owner that a licence was not available. 
249.-{ 1) An appeal lies from any decision of the comptroller under 
section 247 or 248 (settlement of terms of licence of right) to the Appeal 
Tribunal constituted under section 28 of the Registered Designs Act 1949. 
(2) Section 28 of that Act applies to appeals from the comptroller 
under this section as it applies to appeals from the registrar under that 
Act; but rules made under that section may make different provision for 
appeals under this section. 
250.-{l) The Secretary of State may make rules for regulating the 
procedure to be followed in connection with any proceeding before the 
comptroller under this Part. 
(2) Rules may, in particular, make provision­
(a) prescribing fonns; 
(b) requiring fee~ to be paid; 
(c) authori5ing the rectification of irregularities of procedure; 
(d) regulating the mode of giving evidence and empowering the 
comptroller to compel the attendance of witnesses and the 
discovery of and production of documents; 
(e) providing for the appointment of advisers to assist the 
comptroller in proceedings before him; IP/N/1/GBRlC/1 
Page 129 
Copyright, Designs and Patents Act 1988 c.48 
(f) prescribing time limits for doing anything required to be done 
(and providing for the alteration of any such limit); and 
(g) empowering the comptroller to award costs and to direct how, to 
what party and from what parties, costs are to be paid. 
(3) Rules prescribing fees require the consent of the Treasury. 
(4) The remuneration of an adviser appointed to assist the comptroller 
shall be determined by the Secretary of State with the consent of the 
Treasury and shall be defrayed out of money provided by Parliament. 
(5) Rules shall be made by statutory instrument which shall be subject 
to annulment in pursuance of a resolution of either House of Parliament. 
Jurisdiction of the court PART III 
251.-(1) In any proceedings before him under section 246 (reference References and 
of matter relating to design right), the comptroller may at any time order appeals on design 
the whole proceedings or any question or issue (whether of fact or law) to right matters. 
be referred, on such terms as he may direct, to the High Court or, in 
Scotland, the Court of Session. 
(2) The comptroller shall make such an order if the parties to the 
proceedings agree that he should do so. 
(3) On a reference under this section the court may exercise any power 
available to the comptroller by virtue of this Part as respects the matter 
referred to it and, following its determination, may refer any matter back 
to the comptroller. 
(4) An appeal lies from any decision of the comptroller in proceedings 
before him under section 246 (decisions on matters relating to design 
right) to the High Court or, in Scotland, the Court of Session. 
252.-(1) A dispute as to any matter which falls to be determined by 
the court in default of agreement under-
(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. 
(2) In determining a dispute between a government department and 
any person as to the terms for Crown use of a design the court shall have 
regard to--
(a) any sums which that person or a person from whom he derives 
title has received or is entitled to receive, directly or indirectly, 
from any government department in respect of the design; and 
(b) whether that person or a person from whom he derives title has 
in the court's opinion without reasonabL cause failed to comply 
with a request of the department for the use of the design on 
reasonable terms. 
(3) One of two or more joint owners of design right may, VI ithout the 
concurrence of the others, refer a dispute to the court under this section, 
but shall not do so unless the others are made parties; and none of those 
others is liable for any costs unless he takes part in the proceedings. 
E Reference of 
disputes relating 
to Crown use. IP/N/l/GBRlC/l 
Page 130 
PART III 
Remedy for 
groundless 
threats of 
infringement 
proceedings. 
Licensee under 
licence of right not 
to claim 
connection with 
design right 
owner. c.48 Copyright, Designs and Patents Act 1988 
(4) Where the consent of an exclusive licensee is required by section 
242(3)(a)(i) to the settlement by agreement of the terms for Crown use of 
a design, a determination by the court of the amount of any payment to 
be made for such use is of no effect unless the licensee has been notified of 
the reference and given an opportunity to be heard. 
(5) On the reference of a dispute as to the amount recoverable as 
mentioned in section 242(3)(a)(ii) (right of exclusive licensee to recover 
part of amount payabJe to design right owner) the court shaH determine 
what is just having regard to any expenditure incurred by the licensee-
(a) in developing the design, or 
(b) in making payments to the design right owner in consideration 
of the licence (other than royalties or other payments 
determined by reference to the use of the design). 
(6) In this section "the court" means-
(a) in England and Wales, the High Court or any patents county 
court having jurisdiction by virtue of an order under section 287 
of this Act, 
(b) in Scotland, the Court of Session, and 
(c) in Northern Ireland, the High Court. 
CHAPTER V 
MISCELLANEOUS AND GENERAL 
A1 iscellaneous 
253.-(1) Where a person threatens another person with proceedings 
for infringement of design right, a person aggrieved by the threats may 
bring an action against him claiming-
(a) a declaration to the effect that the threats are unjustifiable; 
(b) an injunction against the continuance of the threats; 
(c) damages in respect of any loss which he has sustained by the 
threats. 
(2) If the plaintiff proves that the threats were made and that he is a 
person aggrieved by them, he is entitled to the relief claimed unless the 
defendant shows that the acts in respect of which proceedings were 
threatened did constitute, or if done would have constituted, an 
infringement of the design right concerned. 
(3) Proceedings may not be brought under this section in respect of a 
threat to bring proceedings for an infringement alleged to consist of 
making or importing anything. 
(4) Mere notification that a design is protected by design right does not 
constitute a threat of proceedings for the purpor,es of this section. 
254.-( 1) A person who has a licence in respect of a design by virtue of 
section 237 or 238 (iicences of right) shall not, without the consent of the 
design right owner-
(a) apply to goods which he is marketing, or proposes to market, in 
reliance on that licence a trade description indicating that he is 
the licensee of the design right owner, or IP/NIlIGBRlCI 1 
Page 131 
Copyright, Designs and Patents Act 1988 c.48 
(b) use any such trade description in an advertisement in rdation to 
such goods. 
(2) A contravention of subsection (I) is actionable by the design right 
owner. 
(3) In this section "trade description", the reference to applying a trade 
description to goods and "advertisement" have the same meaning as in PART III 
the Trade Descriptions Act 1968. 1968 c. 29. 
Extent of operation of this Part 
255.--{1) This Part extends to England and Wales, Scotland and Countries to 
Northern Ireland. which this Part 
(2) Her Majesty may by Order in Council direct that this Part shall 
extend, subject to such exceptions and modifications as may be specified 
in the Order, to-
(a) any of the Channel Islands, 
(b) the Isle of Man, or 
(c) any colony. 
(3) That power includes power to extend, subject to such exceptions 
and modifications as may be specified in the Order, any Order in Council 
made under section 221 (further provision as to qualification for design 
right protection) or section 256 (countries enjoying reciprocal 
protection). 
(4) The legislature of a country to which this Part has been extended 
may modify or add to the provisions of this Part, in their operation as part 
of the law of that country, as the legislature may consider necessary to 
adapt the provisions to the circumstances of that country; but not so as to 
deny design right protection in a case where it would otherwise exist. 
(5) Where a country to which this Part extends ceases to be a colony of 
the United Kingdom, it shall continue to be treated as such a country for 
the purposes of this Part until-
(a) an Order in Council is made under section 256 designating it as 
a country enjoying reciprocal protection, or 
(b) an Order in Council is made declaring that it shall cease to be so 
treated by reason of the fact that the provisions of this Part as 
part of the law of that country have been amended or repealed. 
(6) A statutory instrument containing an Order in Council under 
subsection (5)(b) shall be subject to annulment in pursuance of a 
resolution of either House of Parliament. extends. 
256.--{ I) Her Majesty may, if it appears to Her that the law of a Countries 
country provides adequate protection for British designs, by Order in enjoying 
Council designate that country as one enjoying reciprocal protection reciprocal 
under this Part. protection. 
(2) If the law of a country provides adequate protection only for 
~-:ertain classes of British design, or only for designs applied to certain 
classes of article, any Order designating that country shall contain 
provision limiting, to a corresponding extent, the protection afforded by 
this Part in relation to designs connected with that country. IP/NI lIGBRfCI 1 
Page 132 
PART III 
Territorial waters 
and the 
continental shelf. 
1964 c. 29. 
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 
Scctland. c.48 Copyright, Designs and Patents Act 1988 
(3) An Order under this section shall be subject to annulment In 
pursuance of a resolution of either House of Parliament. 
257.-(1) For the purposes of this Part the territorial waters of the 
United Kingdom shall be treated as part of the United Kingdom. 
(2) This Part applies to things done in the United Kingdom sector of 
the continental shelf on a structure or vessel which is present there for 
purpcses directly connected with the exploration of the sea bed or subsoil 
or the exploitation of their natural resources as it applies to things done 
in the TJnited Kingdom. 
(3) The United Kingdom sector of the cCllltinental shelf means the 
areas designated by order under section 1 (7) of the Continental Shelf Act 
1964. 
Interpretation 
258.-{ I) \Vhere different persons are (whether in consequence of a 
partial assignment or otherwise) entitled to different aspects of design 
right in a work, the design right owner for any purpose of this Part is the 
person who is entitled to the right in the respect relevant for that purpose. 
(2) Where design right (or any aspect of design right} is owned by more 
than one person jointly, references in this Part to the design right owner 
are to all the owners, so that, in particular, any requirement of the licence 
of the design right owner requires the licence of all of them. 
259.-(1) In this Part a "joint design" means a design produced by the 
collaboration of two or more designers in which the contribution of each 
is not distinct from that of the other or others. 
(2) References in this Part to the designer of a design shall, except as 
otherwise provided, be construed in relation to ajoint design as references 
to all the designers of the design. 
260.-(1) The provisions of this Part apply in relation to a kit, that is, 
a complf te or substantially complete set of components intended to be 
asseP.1bled into an article, as they apply in relation to the assembled 
artic;e. 
(2) Subsection (I) does not affect the question whether design right 
subsists in any aspect of the design of the components of a kit as opposed 
to the design of the assembled article. 
261. The requirement in the following provisions that an instrument be 
signed by or on behalf of a person is also satisfied in the case of a body 
corporate by the affixing of its seal-
section 222(3) (assignment of design right), 
section 22J( I) (assignment of future design right), 
section 225(1) (grant of exclusive licence). 
262. In the application of this Part to Scotland-
"account of profits" means accounting and payment of profits; 
"accounts" means count, reckoning and payment; 
"assignment" means assignation; IP/N/1/GBRlC/l 
Page 133 
Copyright, Designs and Patents Act 1988 
"costs" means expenses; 
"defendant" means defender; 
"delivery up" means delivery; 
"injunction" means interdict; 
"interlocutory relief' means interim remedy; and 
"plaintiff' means pursuer. 
263.-(1) In this Part-c.48 
"British design" means a design which qualifies for design right 
protection by reason of a connection with the United Kingdom 
of the designer or the person by whom the design is 
commissioned or the designer is employed; 
"business" includes a trade or profession; 
"commission" means a commission for money or money's worth; 
"the comptroller" means the Comptroller-General of Patents, 
Designs and Trade Marks; 
"computer-generated", in relation to a design, means that the design 
is generated by computer in circumstances such that there is no 
human designer, 
"country" includes any territory; 
"the Crown" includes the Crown in right of Her Majesty's 
Government in Northern Ireland; 
"design document" means any record of a design, whether in the 
form of a drawing, a written description, a photograph, data 
stored in a computer or otherwise; 
"employee", "employment" and "employer" refer to employment 
under a contract of service or of apprenticeship; 
"government department" includes a Northern Ireland department. 
(2) References in this Part to "marketing", in relation to an article, are 
to its being sold or let for hire, or offered or exposed for sale or hire, in the 
course of a business, and related expressions shall be construed 
accordingly; but no account shall be taken for the purposes of this Part 
of marketing which is merely colourable and not intended to satisfy the 
reasonable requirements of the public. 
(3) References in this Part to an act being done in relation to an article 
for "commercial purposes" are to its being done with a view to the article 
in question being sold or hired in the course of a business. PART III 
Minor definitions. 
264. The following Table shows provisions defining or otherwise Index of defined 
explaining expressions used in this Part (other than provisions defining or expressions. 
explaining an expression used only in the same section)-
account of profits and accounts 
(in Scotland) 
assignment (in Scotland) 
British designs 
business 
commercial purposes 
commission 
the comptroller 
compu ter-genera ted section 262 
section 262 
section 263( I ) 
section 263( 1) 
section 263(3) 
section 263( I) 
section 263( I) 
section 263( I ) IP/NIlIGBRlCI 1 
Page 134 
PART III 
Registrable 
designs. 
1949 c. 88. c.48 Copyright. Designs and Patents Act 1988 
costs (in Scotland) 
country 
the Crown 
Crown use 
defendant (in Scotland) 
delivery up (in Scotland) 
design 
design document 
designer 
design right 
design right owner 
employee, employment and 
employer 
exclusive licence 
government department 
government department concerned 
(in relation to Crown use) 
infringing article 
injunction (in Scotland) 
interlocutory relief (in Scotland) 
joint design 
lic'!nce (of the design right owner) 
making articles to a design 
marketing (and related expressions) 
original 
plain~iff (in Scotland) 
qualifying indi'/idual 
qualifying person 
signed section 262 
section 263( 1) 
section 263( I ) 
sections 240(5) and 244(2) 
section 262 
section 262 
section 213(2) 
section 263( 1) 
sections 214 and 259(2) 
section 213( I) 
sections 234(2) and 258 
section 263(1) 
section 225(1) 
section 263( I) 
section 240(5) 
section 228 
section 262 
section 262 
section 259( 1) 
sections 222(4), 223(3) and 258 
section 226(2) 
section 263(2) 
section 213(4) 
section ]62 
sectio'1 :I 17( 1) 
sections 217( I) and (2) 
section ~61 
PART IV 
REGISTERED DESIGNS 
Amendments of the R€:gistered Designs Act 1949 
265.-{1) For section 1 of the Registered Designs Act 1949 (designs 
registrable under that Act) substitute-
"Designs 
registrable under 
Act. l.-{l) In this Act 'design' means features of shape, 
configuration, pattern or ornament applied to an article 
by any industrial process, being features which in the 
finished article appeal to and are judged by the eye, but 
does not include-
(a) a method or principle of construction, or 
(b) features of shape or configuration of an article 
which-
(i) are dictated solely by the function 
which the article has to perform, or 
(ii) are dependent upon the appearance of 
another article of which the article is intended 
by the author of the design to form an integral 
part. 
(2) A design which is new may, upon application by the 
person claiming to be the proprietor, be registered under 
this Act in respect of any article, or set of articles, specified 
in the application. IP/N/lIGBRlC/1 
Page 135 
Copyright, Designs and Patents Act 1988 c.48 
(3) A design shall not be registered in respect of an 
article if the appearance of the article is not material, that 
is, if aesthetic considerations are not nonnally taken into 
account to a material extent by persons acquiring or using 
articles of that description, and would not be so taken into 
account if the design were to be applied to the article. 
(4) A design shall not be regarded as new for the 
purposes of this Act if it is the same as a design-
(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 ifit 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. 
(5) The Secretary of State may by rules provide for 
excluding from registration under this Act designs for 
such articles of a primarily literary or artistic character as 
the Secretary of State thinks fit.". 
(2) The above amendment does not apply in relation to applicatioTls 
for registration made before the commencement of this Part; but the 
provisions of section 266 apply with respect to the right in certain designs 
registered in pursuance of such an application. 
266.-( 1) Where a design is registered under the Registered Designs 
Act 1949 in pursuance of an application made after 12th January 1988 
and before the commencement of this Part which could not have been 
registered under section 1 of that Act as substituted by section 265 
above-
(a) the right in the registered design expires ten years after the 
commencement of this Part, if it does not expire earlier in 
accordance with the 1949 Act, and 
(b) any person is, after the commencement of this Part, entitled as of 
right to a licence to do anything which would otherwise infringe 
the right in the registered design. 
(2) The terms of a licence available by virtue of this section shall, in 
default of agreement, be settled by the registrar on an application by the 
person requiring the licence; and the terms so settled shall authorise the 
licensee to do everything which would be an infringement of the right in 
the registered design in the absence of a licence. 
(3) In settling the terms of a licence the registrar shall have regard to 
such factors as may be prescribed by the Secretary of State by order made 
by statutory instrument. 
No such order shall be made unless a draft of it has been laid before and 
approved by a resolution of each House of Parliament. PART IV 
Provisions with 
respect to certain 
designs registered 
in pursuance of 
application made 
before 
commencement. 
1949 c. 88. IP/NIlIGBRlCI 1 
Page 136 
PART IV 
1949 c. 88. 
Authorship and 
first ownership of 
designs. 
Right given by 
registration of 
design. c.48 Copyright, Designs and Patents Act 1988 
(4) Where the terms of a licence are settled by the registrar, the licence 
has effect from the date on which the application to the registrar was 
made. 
(5) Section 11 B of the 1949 Act (undertaking to take licence of right in 
infringement proceedings), as inserted by section 270 below, applies 
where a licence is available as of right under this section, as it applies 
where a licence is available as of right under section llA of that Act. 
(6) Where a licence is available as of right under this section, a person 
to whom a licence was granted before the commencement of this Part may 
apply to the registrar for an order adjusting the terms of that licence. 
(7) An appeal lies from any decision of the registrar under this section. 
(8) This section shall be construed as one with the Registered Designs 
Act 1949. 
267.-(1) Section 2 of the Registered Designs Act 1949 (proprietorship 
of designs) is amended as follows. 
(2) For subsection (I) substitute-
"(I) The author ofa design shall be treated for the purposes of this 
Act as the original proprietor of the design, subject to the following 
provisions. 
(lA) Where a design is created in pursuance ofa commission for 
money or money's worth, the person commissioning the design shall 
be treated as the original proprietor of the design. 
(l B) Where, in a case not falling within subsection (lA), a design 
is created by an employee in the course of his employment, his 
employer shall be treated as the original proprietor of the design.". 
(3) After subsection (2) insert-
"(3) In this Act the 'author' of a design means the person who 
creates it. 
(4) In the case of a design generated by computer in 
circumstances such that there is no human author, the person by 
whom the arrangements necessary for the creation of the design are 
made shall be taken to be the author.". 
(4) The amendments made by this section do not apply in relation to 
an application for registration made before the commencement of this 
Part. . 
268.-(1) For section 7 of the Registered Designs Act 1949 (right given 
by registration) substitute-
"Right given by 7.-(1) The registration ofa design under this Act gives 
registration. the registered proprietor the exclusive right-
(a) to make or import-
(i) for sale or hire, or 
(ii) for use for the purposes of a trade or 
business, or IP/N/1/GBRlC/1 
Page 137 
Copyright. Designs and Patents Act 1988 c.48 
(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. 
(2) The right in the registered design is infringed by a 
person who without the licence of the registered 
proprietor does anything which by virtue of subsection (I) 
is the exclusive right of the proprietor. 
(3) The right in the registered design is also infringed 
by a person who without the licence of the registered 
proprietor makes anything for enabling any such article 
to be made, in the United Kingdom or elsewhere, as 
mentioned in subsection (1). 
(4) The right in the registered design is also infringed 
by a person who without the licence of the registered 
proprietor-
(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. 
(5) No proceedings shall be taken in respect of an 
infringement committed before the date on which the 
certificate of registration of the design under this Act is 
granted. 
(6) The right in a registered design is not infringed by 
the reproduction of a feature of the design which, by 
virtue of section l(l)(b), is left out of account in 
determining whether the design is registrable.". 
(2) The above amendment does not apply in relation to a design 
registered in pursuance of an application made before the commencement 
of this Pan. PART IV 
269.--{1) For section 8 of the Registered Designs Act 1949 (period of Duration of right 
right) substitute- in registered 
design. 
"Duration of 8.--{1) The right in a registered design subsists in the 1949 c. 88. 
right in first instance for a period offive years from the date of the 
registered design. registration of the design. 
(2) The period for which the right subsists may be 
extended for a second, third, fourth and fifth period offive 
years, by applying to the registrar for an extension and 
paying the prescribed renewal fee. IP/NIlIGBRlC/l 
Page 138 
PART IV c. 48 
Restoration of 
lapsed right in 
design. Copyright. Designs and Patents Act 1988 
(3) If the first, second, third or fourth period expires 
without such application and payment being made. the 
right shall cease to have effect; and the registrar shall, in 
accordance with rules made by the Secretary of State, 
notify the proprietor of that fact. 
(4) If during the periodJf six months immediately 
following the end of that period an application for 
extension is made and the prescribed renewal fee and any 
prescribed additional fee is paid. the right shall be treated 
as if it had never expired. with the result that-
(a) anything done under or in relation to the right 
during that further period shall be treated as 
valid. 
(b) an act which would have constituted an 
infringement of the right if it had not expired 
shall be treated as an infringement, and 
(c) an act which would have constituted use of the 
design for the services of the Crown if the right 
had not expired shall be treated as such use. 
(5) Where it is shown that a registered design-
(a) was at the time it was registc red a corresponding 
design in relation to an ar:istic 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. 
(6) The above provisions have effect subject to the 
proviso to section 4( I) (registration of same design in 
respect of other articles. &c.). 
8A.-{ I) Where the right in a registered design has 
expired by reason of a failure to extend, in accordance 
with section 8(2) or (4), the period for which the right 
subsists, an application for the restoration of the right in 
the design may be made to the registrar within the 
prescribed period. 
(.2) The application may be made by the person who 
was the registered proprietor of the design or by any other 
person who would have been entitled to the right in the 
design if it had not expired: and where the design was held 
by two or more persons jointly, the application may, with 
the leave of the registrar. be made by one or more of them 
without joining the others. 
(3) Notice of the application shall be published by the 
registrar in the prescribed manner. Effect of order 
for restoration 
of right. IP/NIlIGBRlCI 1 
Page 139 
Copyright. Designs and Patents Act 1988 c.48 
(4) If the registrar is satisfied that the proprietor took 
reasonable care to see that the period for which the right 
subsisted was extended in accordance with section 8(2) or 
(4), he shall, on payment of any unpaid renewal fee and 
any prescribed additional fee, order the restoration of the 
right in the design. 
(5) The order may be made subject to such conditions 
as the registrar thinks fit, and if the proprietor of the 
design does not corr.ply with any condition the registrar 
may revoke the order and give such consequential 
directions as he thinks fit. 
(6) Rules altering the period prescribed for the 
purposes of subsection (1) may contain such transitional 
provisions and savings as appear to the Secretary of State 
to be necessary or expedient. 
8B.--(I) The effect of an order under section 8A for the 
restoration of the right in a registered design is as follows. 
(2) Anything done under or in relation to the right 
during the period between expiry and restoration shall be 
treated as valid. . 
(3) Anything done during that period which would 
have constituted an infringement if the right had not 
expired shall be treated as an infringement-
(a) if done at a time when it was possible for an 
application for extension to be made under 
section 8(4); or 
(b) ifit was a continuation or repetition of an earlier 
infringing act. 
(4) If, after it was no longer possible for such an 
application for extension to be made and before 
publication of notice of the application for restoration, a 
person-
(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. 
(5) If the act was done, or the preparations were made, 
in the course of a business, the person entitled to the right 
conferred by subsection (4) may-
(a) authorise the doing of that act by any partners of 
his for the time being in that business, and PART IV IP/N/lIGBRlC/1 
Page 140 
PARTlY 
Powers exercisable 
for protection of 
the public interest. 
1949 c. 88. c.48 Copyright. Designs and Patents Act 1988 
(b) assign that right, or transmit it on death (or in the 
case of a body corporate on its dissolution), to 
any person who acquires that part of the 
business in the course of which the act was done 
or the preparations were made. 
(6) Where an article is disposed of to another in exercise 
of the rights conferred by subsection (4) or subsection (5), 
that other and any person claiming through him may deal 
with the article in the same way as if it had been disposed 
of by tl:c reg:stered proprietor of the design. 
(7) The above provisions apply in relation to the use of 
a registered design for the services of the Crown as they 
apply in rdation to infringement of the right in the 
design.". 
(2) The above amendment does not apply in relation to the right in a 
design registered in pursuance of an application made before the 
commencement of this Part. 
270. In the Registered Designs Act 1949 after section II insert-
''!'CWP'TS lIA.-(I) Where a report of the Monopolies and 
ex.=rchable for Mergers Commission has bet~n laid before Parliament 
protection of the containing conclusions to the ~ff!ct-
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 e,-pected to operate 
against tJ.e public mtere~t, 
(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 ~1inister or Ministers may apply to the 
registrar to take action under this section. 
(2) Before making an application the appropriate 
Minister or Ministers shall Dublish, in such a manner as 
he or they think appropriate, a notice describing the 
nature of the proposed application and shall consider any 
representations which may be made within 30 days of 
such publication by persons whose interests appear to 
him or them to be affected. Undertaking to 
take licence of 
right in 
infringement 
proceedings. IP/N/lIGBRlC/l 
Page 141 
Copyright, Designs and Patents Act 1988 c.48 
(3) If on an application under this section it appears to 
the registrar that the matters specified in the 
Commission's report as being those which in the 
Commission's opinion operate or operated or may be 
expected to operate against the public interest include-
(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. 
(4) The terms of a licence available by virtue of this 
section shall, in default of agreement, be settled by the 
registrar on an application by the person requiring the 
licence; and terms so settled shall authorise the licensee to 
do everything which would be an infringement of the right 
in the registered design in the absence of a licence. 
(5) Where the terms of a licence are settled by the 
registrar the licence has effect from the date on which the 
application to him was made. 
(6) An appeal lies from any order of the registrar under 
this section. 
(7) In this section 'the appropriate Minister or 
Ministers' means the Minister or Ministers to whom the 
report of the Monopolies and Mergers Commission \vas 
made. 
IlB.-{I) If in proceedings for infringement of the 
right in a registered design in respect of which a licence is 
available as of right under section 11 A of this Act the 
defendant undertakes to take a licence on such terms as 
may be agreed or, in default of agreement, settled by the 
registrar under that section-
(a) no injunction shall be granted against him, and 
(b) the amount recoverable against him by way of 
damages or on an account of profits shall not 
exceed double the amount which would have 
been payable by him as licensee if such a licence 
on those terms had been granted before the 
earliest infringement. 
(2) An undertaking may be given at any time before 
final order in the proceedings, without any admission of 
liability. 
(3) Nothing in this section affects the remedies available 
in respect of an infringement committed before licences of 
right were available.". PART IV IP/N/1/GBR/C/1 
Page 142 
PART IV 
Crown use: 
compensation for 
loss of profit. 
1949 c. 88. c.48 COPJ'righr, Designs and Patents Act 1988 
271.-(1) In Schedule 1 to the Registered Designs Act 1949 (Crown 
use), after paragraph 2 insert-
"Compensation 2A.--(1) Where Crown use is made of a registered 
for loss of profit. design, the govern men t departmen t concerned shall 
pay-
(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. 
(2) Compensation is payable only to the extent that 
such a contract could have been fulfilled from his existing 
manufacturing capacity; but is payable notwithstanding 
the existence of circumstances rendering him ineligible for 
the award of such a contract. 
(3) In determining the loss, regard shall be had to the 
profit which would have been made on such a contract 
and to the extent to which any manufacturing capacity 
was underused. 
(4) No compensation is payable in respect of any failure 
to secure contracts for the supply of articks to which the 
design is applied otherwise than for the services of the 
Crown. 
(5) The amount payable under this paragraph shall, if 
not agreed between the registered proprietor or licensee 
and the government department concerned with the 
approval of the Treasury, be determined by the court on 
a reference under paragraph 3; and it is in addition to any 
amount payable under paragraph 1 or 2 of this Schedule. 
(6) In this paragraph-
'Crown use', in relation to a design, means the doing 
of anything by virtue of paragraph 1 which 
would otherwise be an infringement of the right 
in the design; and 
'the government department concerned', in relation 
to such use, means the government department 
by whom or on whose authority the act was 
done. ", 
(2) In paragraph 3 of that Schedule (reference of disputes as to Crown 
use), for sub-paragraph (1) substitute-
H( 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 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 IP/N/lIGBRlC/1 
Page 143 
Copyright, Designs and Patents Act 1988 c.48 
(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.". 
(3) The above amendments apply in relation. to any Crown use of a 
registered design after the commencement of this section, even if the terms 
for such use were settled before commencement. 
272. The Registered Designs Act 1949 is further amended in 
accordance with Schedule 3 which contains minor amendments and 
amendments consequential upon the provisions of this Act. 
Supplementary PART IV 
Minor and 
conseq uen tial 
amendments. 
1949 c. 88. 
273. Schedule 4 contains the text of the Registered Designs Act 1949 as Text of Registered 
amended. Designs Act 1949 
as amended. 
PART V 
P A TE~T AGENTS Ai'iD TRADE MARK AGENTS 
Patent agents 
274.-( 1) Any individual, partnership or body corporate may, subject 
to the following provisions of this Part, carry on the business of acting as 
agent for others for the purpose of-
(a) applying for or obtaining patents, in the United Kingdom or 
elsewhere, or 
(b) conducting proceedings before the comptroller relating to 
applications for, or otherwise in connection with, patents. 
(2) This does not affect any restriction under the European Patent 
Convention as to who may act on behalf of another for any purpose 
relating to European patents. 
275.-( 1) The Secretary of State may make rules requiring the keeping 
of a register of persons who act as agent for others for the purposes of 
applying for or obtaining patents; and in this Part a "registered patent 
agent" means a person whose name is entered in the register kept under 
this section. 
(2) The rules may contain such provision as the Secretary of State 
thinks fit regulating the registration of persons, and may in particular-
(a) require the payment of such fees as may be prescribed, and 
(b) authorise in prescribed cases the erasure from the register of the 
name of any person registered in it, or the suspension of a 
person's registration. 
(3) The rules may delegate the keeping of the register to another person, 
and may confer on that person-
(a) power to make regulations-
(i) with respect to the payment of fees, in the cases and 
subject to the limits prescribed by rules, and 
(ii) with respect to any other matter which could be 
regula ted by rules, and Persons permitted 
to carry on 
business of a 
patent agent. 
The register of 
patent agents. IP/NIlIGBRlCI 1 
Page 144 
c.48 Copyright, Designs and Patents Act 1988 
PART V (b) such other functions, including disciplinary functions, as may be 
Persons entilled to 
describe 
thenselves as 
patLnt agent,. prescribed by rules. 
(4) Rules under this section shall be made by statutory instrument 
which shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
276.-(1) An individual who is not a registered patent agent shall not­
(a) carry on a business (otherwise than in partnership) under any 
name or other description which contains the words "patent 
age11.t" or "patent attorney"; or 
(b) in the course of a business otherwise describe himself, or permit 
himself to be described, as a "patent agent" or "patent 
attorney". 
(2) A partnership shall not-
(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 registerr,d patent agents or the partnership 
satisfies such conditions as may be prescribed for the purposes of this 
section. 
(3) A body corporate shall not-
(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. 
(4) Subsection (3) does not apply to a company which began to carry 
on business as a patent agent before 17th November 1917 if the name of 
a director or the manager of the company who is a registered patent agent 
is mentioned as being so registered in all professional advertisements, 
circulars or letters issued by or with the company's consent on which its 
name appears. 
(5) Where this section would be contravened by the use of the words 
"patent agent" or "patent attorney" in reference to an individual, 
partnership or body corporate, it is equally contravened by the use of 
other expressions in reference to that person, or hi~ business or place of 
business, which are likely to be understood as indicating that he is entitled 
to be describ~d as a "patent agent" or "patent attorney". 
(6) A person who contravenes this section commits an offence and is 
liable on summary conviction to a fine not exceeding level 5 on the 
standard scale; and proceedings for such an offence may be begun at any 
time within a year from the date of the offence. IP/N/lIGBRlC/l 
Page 145 
Copyright, Designs and Patents Act 1988 c.48 
(7) This section has effect subject to-
(a) section 277 (persons entitled to describe themselves as European 
patent attorneys, &c.), and 
(b) section 278(1) (use of term "patent attorney" in reference to 
solicitors). PART V 
277.-( 1) The term "European patent attorney" or "European patent Persons entitled to 
agent" may be used in the following cases without any contravention of describe 
section 276. themselves as 
European patent 
(2) An individual who is on the European list may-- attorneys, &c. 
(a) carry on business under a name or other description which 
contains the words "European patent attorney" or "European 
patent agent", or 
(b) otherwise describe himself, or permit himself to be described, as 
a "European patent attorney" or "European patent agent". 
(3) A partnership of which not less than the prescribed number or 
proportion of partners is on the European list may-
(a) carry on a l;msiness under a name or other description which 
contains the words "European patent attorneys" or "European 
patent agents", or 
(b) otherwise describe itself, or permit itself to be described, as a firm 
which carries on the business of a "European patent attorney" 
or "European patent agent". 
(4) A body corporate of which not less than the prescribed number or 
proportion of directors is on the European list may-
(a) carry on a business under a name or other description which 
contains the words "European patent attorney" or "European 
patent agent", or 
(b) otherwise describe itself, or permit itself to be described as, a 
company which carries on the business of a "European patent 
attorney" or "European patent agent". 
(5) Where the term "European patent attorney" or "European patent 
agent" may, in accordance with this section, be used in reference to an 
individual, partnership or body corporate, it is equally permissible to use 
other expressions in reference to that person, or to his business or place of 
business, which are likely to be understood as indicating that he is entitled 
to be described as a "European patent attorney" or "European patent 
agent." 
278.-(1) The term "patent attorney" may be used in reference to a 
solicitor, and a firm of solicitors may be described as a firm of "patent 
attorneys", without any contravention of section 276. 
(2) No offence is committed under the enactments restricting the use of 
certain expressions in reference to persons not qualified to act as 
solicitors-
(a) by the use of the term "patent attorney" in reference to a 
registered patent agent, or 
(b) by the use of the term "European patent attorney" in reference to 
a person on the European list. Use of the term 
"patent 
attorney": 
supplementary 
provisions. IP/N/lIGBRlC/1 
Page 146 
PART V 
1974 c. 37. 
1980 c. 46. 
S.l. 1976/582 
(N.1.l2). 
Power to pnscribe 
conditions, &c. 
for mixed 
partnerships and 
bodies corpc rate. 
?rivilege for 
communications 
with patent 
agents. c.48 Copyright, Designs and Patents Act 1988 
(3) The enactments referred to in subsection (2) are section 21 of the 
Solicitors Act 1974, section 31 of the Solicitors (Scotland) Act 1980 and 
Article 22 of the Solicitors (Northern Ireland) Order 1976. 
279.-( 1) The Secretary of State may make rules-
(a) prescribin.'s the conditions to be satisfied for the purposes of 
section 276 (persons entitled to describe themselves as patent 
agents) in relation to a partnership where not all the partners are 
qualified persons or a body corporate where not all the directors 
are qualified persons, and 
(b) imposing requirements to be complied with by such partnerships 
and bodies corporate. 
(2) The rules may, in particular-
(a) prescribe conditions as to the number or proportion of partners 
or directors who must be qualified persons; 
(b) impose requirements as to-
(i) the identification of qualified and unqualified persons 
in professi0pal advertisements, circulars or letters issued by 
or with ~he consent of the partnership or body corporate and 
which relate to it or to its business; and 
(ii) the manner in which a partnership or body corporate 
is to organise its affairs so as to secure that qualified persons 
exercise a sufficient degree of control over the activities of 
unq ualified persons. 
(3) Contravention of a requirement imposed by the rules is an offence 
for which a person is liable on summary conviction to a fine not exceeding 
level 5 on the standard scale. 
(4) The Secretary of State may make rules prescribing for the purposes 
of section 277 the number or proportion of partners of a partnership or 
directors of a body corporate who must be qualified persons in order for 
the partnership or body to take advantage of that section. 
(5) In this section "qualified person"-
(a) in subsections (1) and (2), means a person who is a registered 
patent agent, and 
(b) in subsection (4), means a person who is on the European list. 
(6) Rules under this section shall be made by statutory instrument 
which shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
280.--(1) This section applies to communications as to any matter 
relating to the protection of any invention, design, tecr nical information, 
trade mark or service mark, or as to any matter involving passing off. 
(2) Any such communication-
(a) between a person and his patent agent, or IP/N/1/GBRlC/1 
Page 147 
Copyright, Designs and Patents Act 1988 c.48 
(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. 
(3) In subsection (2) "patent agent" means-
(a) a registered patent agent or a person who is on the European list, 
(b) a partnership entitled to describe itself as a firm of patent agents 
or as a firm carrying on the business of a European patent 
attorney, or 
(c) a body corporate entitled to describe itself as a patent agent or as 
a company carrying on the business of a European patent 
attorney. 
(4) It is hereby declared that in Scotland the rules of law which confer 
privilege from disclosure in legal proceedings in respect of 
communications extend to such communications as are mentioned in this 
section. 
281.-(1) This section applies to business under the Patents Act 1949, 
the Registered Designs Act 1949 or the Patents Act 1977. PART V 
Power of 
comptroller to 
refuse to deal with 
(2) The Secretary of State may make rules authorising the comptroller certain agents. 
to refuse to recognise as agent in respect of any business to which this 1949 c. 87. 
section applies- 1949 c. 88. 
1977c.37. 
(a) a person who has been convicted of an offence under section 88 
of the Patents Act 1949, section 114 of the Patents Act 1977 or 
section 276 of this Act; 
(b) an individual whose name has been erased from and not restored 
to, or who is suspended from, the register of patent agents on 
the ground of misconduct; 
(c) a person who is found by the Secretary of State to have been 
guilty of such conduct as would, in the case of an individual 
registered in the register of patent agents, render him liable to 
have his name erased from the register on the ground of 
misconduct; 
(d) a partnership or body corporate of which one of the partners or 
directors is a person whom the comptroller could refuse to 
recognise under paragraph (a), (b) or (c) above. 
(3) The rules may contain such incidental and supplementary 
provisions as appear to the Secretary of State to be appropriate and may, 
in particular, prescribe circumstances in which a person is or is not to be 
taken to have been guilty of misconduct. 
(4) Rules made under this section shall be made by statutory 
instrument which shall be subject to annulment in pursuance of a 
resolution of either House of Parliament. IP/N/lIGBRlC/1 
Page 148 
PART V c.48 Copyright, Designs and Patents Act 1988 
(5) The comptroller shall refuse to recognise as agent in respect of any 
business to which this section applies a person who neither resides nor has 
a place of business in the United Kingdom, the Isle of Man or another 
member State of the European Economic Community. 
Trade mark agents 
The register of 282.-{1) The Secretary of State may make rules requiring the keeping 
trade mark agents. of a register of persons who act as agent for others for the purpose of 
applying for or obtaining the registration of trade marks; and in this Part 
a "registered trade mark agent" means a person whose name is entered in 
thl! register kept under this section. 
Unregistered 
persons not 1.0 be 
described as 
registered trade 
mark agents (2) The rules may contain such provision as the Secretary of State 
thinks fit regulating the registration of persons, and may in particular-
(a) require the payment of such fees as may be prescribed, and 
(b) authorise in prescribed cases the erasure from the register of the 
name of any person registered in it, or the suspension of a 
person's registration. 
(3) The rules may delegate the keeping of the register to another 
person, and may confer on that pt!rson-
(a) power to make reguJations-
(i) with resp~ct to the payment of fees, in the cases and 
subject to the limits prescribed by rules, and 
(ii) with respect to any other matter which could be 
regulated by rules, and 
(b) such other functions, including disciplinary functions, as may be 
prescribed by rules. 
(4) Rules under this section shall be made by statutory instrument 
which shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
2f3.-{1) An individual who is not a registered trade mark agent shall 
not-
(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 ofa business otherwise describe or hold himself out, 
or permit himself to be described or held out, as a registered 
trade mark agent. 
(2) A partnership shall not-
(H) 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 pennit itself to be de~cribed or held out, as a firm of registered 
trade raark agents, 
unll'!ss all the partners are registered trade mark agents or the partnership 
satisfies such conditions as may be prescribed for the purposes of this 
section. IP IN I lIGBRlCI 1 
Page 149 
Copyright, Designs and Patents Act 1988 c.48 
(3) A body corporate shall not-
(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. 
(4) The Secretary of State may make rules prescribing the conditions 
to be satisfied for the purposes of this section in relation to a partnership 
where not all the partners are registered trade mark agents or a body 
corporate where not all the directors are registered trade mark agents; and 
the rules may, in particular, prescribe conditions as to the number or 
proportion of partners or directors who must be registered trade mark 
agents. 
(5) Rules under this section shall be made by statutory instrument 
which shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
(6) A person who contravenes this section commits an offence and is 
liable on summary conviction to a fine not exceeding level 5 on the 
standard scale; and proceedings for such an offence may be begun at any 
time within a year from the date of the offence. 
284.-(1) This section applies to communications as to any matter 
relating to the protection of any design, trade mark or service mark, or as 
to any matter involving passing off. 
(2) Any such communication-
(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. 
(3) In subsection (I) "trade mark agent" means­
(a) a registered trade mark agent, or 
(b) a partnership entitled to describe itself as a firm of registered 
trade mark agents, or 
(c) a body corporate entitled to describe itself as a registered trade 
mark agent. 
(4) It is hereby declared that in Scotland the rules of law which confer 
privilege from disclosure in legal proceedings in respect of 
communications extend to such communications as are mentioned in 
subsection (l). PARTY 
Privilege for 
communications 
with registered 
trade mark agents. IP/N/1/GBRlC/1 
Page 150 
PART V 
Offences 
committed by 
partnerships and 
bodies corpcrate. 
1980 c. 43. 
S.l. 1981/16".'5 
(N.I. 26). 
Interpretation. 
Patents cour ty 
courts: sped iI 
jurisdiction. c.48 Copyright. Designs and Patents Act 1988 
Supplementary 
285.-{1) Proceedings for an offence under this Part alleged to have 
been committed by a partnership shall be brought in the name of the 
partnership and not in that of the partners; but without prejudice to any 
liability of theirs under subsection (4) below. 
(2) The following provisions apply for the purposes of such 
proceedings as in relation to a body corporate-
(a) any rules of court relating to the service of documents; 
(b) in England, Wales or Northern Ireland, Schedule 3 to the 
Magistrates' Courts Act 1980 or Schedule 4 to the Magi:;trates' 
Courts (Northern Ireland) Order 1981 (procedure on charge of 
offence). 
(3) A fine imposed on a partnership on its conviction in such 
proceedings shall ~)e paid out of the partnership assets. 
(4) Where a partnership is guilty of an offence under this Part, every 
partner, other than 2. partner who is proved to have been ignorant of or 
to have 2.ttempted to prevent the commission of the offence, is also guilty 
of the offence and liable to be proceeded against and punished 
accordingly. 
(5) Where an offence under this Part committed by a body corporate is 
proved to have been committed with the consent or connivance of a 
director, manager, secretarj or other similar officer of the body, or a 
person purporting to act in any such capacity, he as well as the body 
corporate is guilty of the offence and liable to be proceeded against and 
punished accordingly. 
286. In this Part-
"the comptroller" means the Comptroller-General of Patents, 
Designs and Trade Marks; 
"director", in relaf ion to a body corporate whose affairs are 
managed by it!') members, means any member of the body 
corporate; 
"the European list" means the list of professional representatives 
maintained by the European Patent Office in pursuance of the 
European Patent Convention; 
"registered patent agent" has the meaning given by section 275(1); 
"registered trade mark agent" has the meaning given by section 
282(1 ). 
PART VI 
PATENTS 
Patents county courts 
287.-{l) The Lord Chancellor may by order made by statutory 
instrument designate any county court as a patents county court and 
confer on it jurisdiction (its "special jurisdiction") to hear and determine 
such descriptions of proceedings-
(a) relating to patents or designs, or IP/NI lIGBRlCI 1 
Page 151 
Copyright, Designs and Patents Act 1988 c.48 
(b) ancillary to, or ansmg out of the same subject matter as, 
proceedings relating to patents or designs, 
as may be specified in the order. 
(2) The special jurisdiction of a patents county court is exercisable 
throughout England and Wales, but rules of court may provide for a 
matter pending in one such court to be heard and determined in another 
or partly in that and partly in another. 
(3) A patents county court may entertain proceedings within its special 
jurisdiction notwithstanding that no pecuniary remedy is sought. 
(4) An order under this section providing for the discontinuance of any 
of the special jurisdiction of a patents county court may make provision 
as to proceedings pending in the court when the order comes into 
operation. 
(5) Nothing in this section shall be construed as affecting the ordinary 
jurisdiction of a county court. 
288.-(1) Her Majesty may by Order in Council provide for limits of 
amount or value in relation to any description of proceedings within the 
special jurisdiction of a patents county court. 
(2) If a limit is imposed on the amount of a claim of any description 
and the plaintiff has a cause of action for more than that amount, he may 
abandon the excess; in which case a patents county court shall have 
jurisdiction to hear and determine the action, but the plaintiff may not 
recover more than that amount. 
(3) Where the court has jurisdiction to hear and determine an action by 
virtue of subsection (2), the judgment of the court in the action is in full 
discharge of all demands in respect of the cause of action, and entry of the 
judgment shall be made accordingly. 
(4) If the parties agree, by a memorandum signed by them or by their 
respective solicitors or other agents, that a patents county court shall have 
jurisdiction in any proceedings, that court shall have jurisdiction to hear 
and determine the proceedings notwithstanding any limit imposed under 
this section. 
(5) No recommendation shall be made to Her Majesty to make an 
Order under this section unless a draft of the Order has been laid before 
and approved by a resolution of each House of Parliament. PART VI 
Financial limits in 
relation to 
proceedings within 
special jurisdiction 
of patents county 
court. 
289.-( I) No order shall be made under section 41 of the County Transfer of 
Courts Act 1984 (power of High Court to order proceedings to be proceedings 
transferred from the county court) in respect of proceedings within the between High 
special jurisdiction of a patents county court. Court and patents 
county court. 
(2) In considering in relation to proceedings within the special 1984 c. 28. 
jurisdiction of a patents county court whether an order should be made 
under section 40 or 42 of the County Courts Act 1984 (transfer of 
proceedings from or to the High Court), the court shall have regard to the 
financial position of the parties and may order the transfer of the 
proceedings to a patents county court or, as the case may be, refrain from 
ordering their transfer to the High Court notwithstanding that the 
proceedings are likely to raise an important question of fact or law. IP/N/1/GBRlC/1 
Page 152 
PART VI 
Limitation of 
costs where 
pecun:ary claim 
could ha ve been 
brc\1gl:t in patents 
county cou~1. 
Proceedings in 
patents county 
court. c.48 Copyright, Designs and Patents Act 1988 
299.-{1) Where an action is commenced in the High Court which 
could have been commenced in a patents county court and in which a 
claim for a pecuniary remedy is made, then, subject to the provisions of 
this section, if the plaintiff recovers less than the prescribed amount, he is 
not entitled to recover any more costs th~.n those to which he would have 
been entitled if the action had been brought in the county court. 
(2) For this purpose a plaintiff shall be treated as recovering the full 
amount recoverable in respect of his claim without regard to any 
deduction made in respect of matters not falling to be taken into account 
in determining whether the action could have been commenced in a 
patents county court. 
(3) This section does not affect any question as to costs if it appears to 
the High Court that there was reasonable ground for supposing the 
amount recoverable in respect of the plaintiff's claim to be in excess of the 
prescribed amount. 
(4) The High Court, if satisfied that there was sufficient reason for 
bringing the action in the High Court, may make an order allowing the 
costs or any part of the costs on the High Court scale or on such one of 
the county court scales as it may direct. 
(5) This section does not apply to proceedings brought by the Crown. 
(6) In this section "t~e prescribed amount" means such amount as m::i)' 
be prescribed by Her Majesty for the purposes of this section by Order in 
Council. 
(7) No recommendation shall be made to Her Majesty to make an 
Order under this section unless a draft of the Order has been laid before 
and approved by a resolution of each House of Parliament. 
291.-{1) Where a county court is designated a patents county court, 
the Lord Chancellor shall nominate a person entitled to sit as ajudge of 
that court as the patents judge. 
(2) County court rules shall make provision for securing Ihat, so far as 
is practicable and appropriate-
(a) proceedings within the special jurisdiction of a patents county 
court are dealt with by the patents judge, and 
(b) the judge, rather than a registrar or other officer of the court, 
deals with interlocutory matters in the proceedings. 
(3) County court rules shall make provision empowering a patents 
county court in proceedings within its special jurisdiction, on or without 
the application of any party-
(a) to appoint scientific advisers or assessors to assist the court, or 
(b) to order the Patent Office to inquire into and report on any 
question of fact or opinion. 
(4) 'Nhere the court exercises either of those powers on the application 
of a party, the remuneration or fees payable to the Patent Office shall be 
at sach rate as may be determined in accordance with county court rules 
and shall be costs of the proceedings unless otherwise ordered by the 
judge. IP/NIlIGBRlCI 1 
Page 153 
Copyright, Designs and Patents Act 1988 c.48 
(5) Where the court exercises either of those powers of its own motion, 
the remuneration or fees payable to the Patent Office shall be at such rate 
as may be detennined by the Lord Chancellor with the approval of the 
Treasury and shall be paid out of money provided by Parliament. 
292.-(1) A registered patent agent may do, in or in connection with 
proceedings in a patents county court which are within the special 
jurisdiction of that court, anything which a solicitor of the Supreme 
Court might do, other than prepare a deed. 
(2) The Lord Chancellor may by regulations provide that the right 
conferred by subsection (1) shall be subject to such conditions and 
restrictions as appear to the Lord Chancellor to be necessary or 
expedient; and different provision may be made for different descriptions 
of proceedings. 
(3) A patents county court has the same power to enforce an 
undertaking given by a registered patent agent acting in pursuance of this PART VI 
Rights and duties 
of registered 
patent agents in 
relation to 
proceedings in 
patents county 
court. 
section as it has, by virtue of section 142 of the County Courts Act 1984, 1984 c. 28. 
in relation to a solicitor. 
(4) Nothing in section 143 of the County Courts Act 1984 (prohibition 
on persons other than solicitors receiving remuneration) applies to a 
registered patent agent acting in pursuance of this section. 
(5) The provisions of county court rules prescribing scales of costs to 
be paid to solicitors apply in relation to registered patent agents acting in 
pursuance of this section. 
(6) Regulations under this section shall be made by statutory 
instrument which shall be subject to annulment in pursuance of a 
resolution of either House of Parliament. 
Licences of right in respect of certain patents 
293. In paragraph 4(2)(c) of Schedule 1 to the Patents Act 1977 (licences 
to be available as of right where term of existing patent extended), at the 
end insert H, but subject to paragraph 4A below", and after that 
paragraph insert-
H4A.-(I) If the proprietor of a patent for an invention which is a 
product files a declaration with the Patent Office in accordance with 
this paragraph, the licences to which persons are entitled by virtue 
of paragraph 4(2)(c) above shall not extend to a use of the product 
which is excepted by or under this paragraph. 
(2) Pharmaceutical use is excepted, that is-
(a) use as a medicinal product within the meanmg of the 
Medicines Act 1968, and 
(b) the doing of any other act mentioned in section 60(1)(a) 
above with a view to such use. 
(3) The Secretary of State may by order except such other uses as 
he thinks fit; and an order may-
(a) specify as an excepted use any act mentioned in section 
60(1 )(a) above, and 
(b) make different provision with respect to acts done m 
different circumstances or for different purposes. Restriction of acts 
authorised by 
certain licences. 
1977 c. 37. IP/N/1/GBRlC/1 
Page 154 
c.48 Copyright. Designs and Patents Act 1988 
PART VI (4) For the purposes of this paragraph the question what uses are 
When application 
may be made for 
settlement or 
terms of licence. 
1977 c. 37. excepted, so far as that depends on-
(a) orders under section 130 of the Medicines Act 1968 
(meaning of "medicinal product"), or 
(b) orders urder sub-paragraph (3) above, 
shall be detennined in relation to a patent at the beginning of the 
sixteenth year of the patent. 
(5) A declaration under this paragraph shall be in the prescribed 
form and shall be filed in the prescribed manner and within the 
prescribed time limits. 
(6) A declaration may not be filed-
(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 prod uct, or 
(ii) an outstanding application under section 46(3)(a) 
or (b) ahove for the settlement by the comptroller of the 
tenns 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. 
(7) Where a declaration has been filed under this paragraph in 
respect of a patent-
(a) section 46(3)(c) above (restriction of remedies for 
infringement where licences available as of right) does not 
apply to an infringement of the patent in so far as it 
consists of the excepted use of the product after the filing 
of the declaration; and 
(b) section 46(3)(d) above (abatement of renewal fee iflicences 
available as of right) does not apply to the patent. ". 
294. In Schedule 1 to the Patents Act 1977, after the paragraph inserted 
by section 293 above, insert-
"4B.-(1) An application under section 46(3)(a) or (b) above for 
the settlement by the comptroller of the tenns on which a person is 
entitled to a licence by virtue of paragraph 4(2)(c) above is ineffective 
if made before the beginning of the sixteenth year of the patent. 
(2) This paragraph applies to applications made after the 
commencement of section 294 of the Copyright, Designs and 
?atents Act 1988 and to any application made before the 
commencement of that section in respect of a patent which has not 
at the commencement of that section passed the end of its fifteenth 
year." . IP/N/1/GBRlC/1 
Page 155 
Copyright, Designs and Patents Act 1988 c.48 
Patents: miscellaneous amendments PART VI 
295. The Patents Act 1949 and the Patents Act 1977 are amended in Patents: 
accordance with Schedule 5. miscellaneous 
PART VII 
MISCELLANEOUS AND GENERAL 
Devices designed to circumvent copy-protection 
296.-( 1) This section applies where copies of a copyright work are 
issued to the public, by or with the licence of the copyright owner, in an 
electronic form which is copy-protected. 
(2) The person issuing the copies to the public has the same rights 
against a person who, knowing or having reason to believe that it will be 
used to make infringing copies-
(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. 
(3) Further, he has the same rights under section 99 or 100 (delivery up 
or seizure of certain articles) in relation to any such device or means which 
a person has in his possession, custody or control with the intention that 
it should be used to make infringing copies of copyright works, as a 
copyright owner has in relation to an infringing copy. 
(4) References in this section to copy-protection include any device or 
means intended to prevent or restrict copying of a work or to impair the 
quality of copies made. 
(5) Expressions used in this section which are defined for the purposes 
of Part I of this Act (copyright) have the same meaning as in that Part. 
(6) The following provisions apply in relation to proceedings under 
this section as in relation to proceedings under Part I (copyright}-
(a) sections 104 to 106 of this Act (presumptions as to certain 
matters relating to copyright), and amendments. 
1949 c. 87. 
1977 c. 37. 
Devices designed 
to circumvent 
copy-protection. 
(b) section 72 of the Supreme Court Act 1981, section 15 of the Law 1981 c. 54. 
Reform (Miscellaneous Provisions) (Scotland) Act· 1985 and 1985 c. 37. 
section 94A of the Judicature (Northern Ireland) Act 1978 1978 c. 23. 
(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. IP/NIlIGBRlCI 1 
Page 156 
PART VII 
Offence of 
fraudulently 
receiving 
programmes. 
Rights and 
remedies in 
respect of 
apparatus, &.c. for 
unauthorised 
reception of 
transmissions. 
1981 c. 54. 
1985 c. 37. 
1978 c. 23. c.48 Copyright. Designs and Patents Act 1988 
Fraudulent reception of transmissions 
297.-{1) A person who dishonestly receives a programme included in 
a broadcasting or cable programme service provided from a place in the 
United Kingdom with intent to avoid payment of any charge applicable 
to the reception of the programme commits an offence and is liable on 
summary conviction to a fine not exceeding level 5 on the standard scale. 
(2) Where an offence under this section committed by a body 
corporate is proved to have been committed with the conse:1t or 
connivance of a director, manager, secretary or other similar officer of the 
body, or a person purporting to act in any such capacity, he as well ES the 
body corporate is guilty of the offence and liable to be proceeded against 
and punished a~cordingly. 
In relation ~o a body corporate whose affairs are managed by its 
members "director" means a member of the body corporate. 
298.-{ 1) A person who-
(a) makes charges for the reception of programmes :ncluded in a 
broadcasting or cable programme service provided from a place 
in the United Kingdom, or 
(b) sends t:ncrypted transmissions of any other description from a 
place in the United Kingdom, 
is entitled to the following rights and remedies. 
(2) He has the same rights and remedies against a person who-
(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 infonnation which iJ calculated to enable or assist 
persons to receive the programmes or other transmissions when 
they are not entitled to do so, 
as a cvpyright owner has in respect of an infringement of copyright. 
(3) Further, he has the same rights under section 99 or 100 (delivery up 
or seizure of certain articles) in relation to any such a~)paratus or device 
as a copyright owner has in relation to an infringing copy. 
(4) Section 72 of the Supreme Court Act 1981, section 15 of the Law 
Refonn (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) apply to proceedings under this section as to proceedings under 
Part I of this Act (copyright). 
(5) In section 97(1) (innocent infringement of copyright) as it applies to 
pr0ceedings for infringement of the rights conferred by this section, the 
ref.!rence to the defendant not know:ng or having reason to believe that 
~'opyright subsis1tu in the work shall be construed as a reference to his not 
knowing or having reason to believe that his acts infringed the rights 
conferred by this section. 
(6) Section 1!4 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. IP/N/lIGBRlC/1 
Page 157 
Copyright, Designs and Patents Act 1988 c.48 
299.-( 1) Her Majesty may by Order in Council-
(a) provide that section 297 applies in relation to programmes 
included in services provided from a country or territory outside 
the United Kingdom, and 
(b) provide that section 298 applies in relation to such programmes 
and to encrypted transmissions sent from such a country or 
territory. 
(2) No such Order shall be made unless it appears to Her Majesty that 
provision has been or will be made under the laws of that country or 
territory giving adequate protection to persons making charges for 
programmes included in broadcasting or cable programme services 
provided from the United Kingdom or, as the case may be, for encrypted 
transmissions sent from the United Kingdom. 
(3) A statutory instrument containing an Order in Council under 
subsection (l) shall be subject to annulment in pursuance of a resolution 
of either House of Parliament. 
(4) Where sections 297 and 298 apply in relation to a broadcasting 
service or cable programme service, they also apply to any service run for 
the person providing that service, or a person providing programmes for 
that service, which consists wholly or mainly in the sending by means of 
a telecommunications system of sounds or visual images, or both. 
(5) In sections 297 and 298, and this section, "programme", 
"broadcasting" and "cable programme service", and related expressions, 
have the same meaning as in Part I (copyright). 
Fraudulent application or use of trade mark PART VII 
Supplementary 
provisions as to 
fraudulent 
reception. 
300. In the Trade Marks Act 1938 the following sections are inserted Fraudulent 
befor~,section 59, after the heading "Offences and restraint of use of Royal application or use 
Arms - of trade mark an 
offence. 
"Fraudulent 58A.-(I) It is an offence, subject to subsection (3) 1938 c. 22. 
application or below, for a person-
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 IP/NIlIGBRlCI 1 
Page 158 
PART VII c.48 Copyright, Designs and Patents Act 1988 
(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. 
(2) It is also an offence, subject to subsection (3) below, 
for a person to possess in the course of a business goods 
or :naterial bearing a mark identical to or nearly 
resembling a registered trade mark with a view to 
enabling or assisting another person to do any of the 
things mentioned in subsection (1)(a) to (c), knowing or 
having reason to believe that the other person is not 
entitled to use the mark in relation to the goods in 
question and that the goods are not connected in the 
course of trade with a person who is so entitled. 
(3) A person commits an offence ur der subsection (1) 
or (2) only if-
(a) he acts wit.h a view to g3.in for ~imself or another, 
or with intent to cause loss to another, :1nd 
(h) he intends that the gOJds 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. 
(4) A person guilty of an offence under this section is 
liable-
(a) on summary conviction to imprisonment for a 
term not exceeding dx months or a fine not 
exceeding the statutory maximum, or both; 
(b) on conVIctIOn on indictment to a fine or 
imprisonment for a term not exceeding ten 
years, or both. 
(5) Where an offence under this section committed by 
a body corporate is proved to have been committed with 
the consent or connivance of a director, manager, 
secretary or other similar officer of the body, or a person 
purporting to act in any such capacity, he as well as the 
body corporate is guilty of the 0ffence and liable to be 
proceeded against and punishec accordingly. 
In relation to a body ccrporate whose affairs are 
managed by its members 'diIector' means a member of 
the body corporate. 
(6) In this section 'business' includes a trade or 
profession." Delivery up of 
offending goods 
and material. IP/N/lIGBRlC/l 
Page 159 
Copyright, Designs and Patents Act 1988 c.48 
58B.-(1) The court by which a person is convicted of 
an offence under section 58A may, if satisfied that at the 
time of his arrest or charge he had in his possession, 
custody or control-
(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. 
(2) For this purpose a person shall be treated as 
charged with an offence-
(a) in England, Wales and Northern Ireland, when he 
is orally charged or is served with a summons or 
indictment; 
(b) in Scotland, when he is cautioned, charged or 
served with a complaint or indictment. 
(3) An order may be made by the court of its own 
motion or on the application of the prosecutor (or, in 
Scotland, the Lord Advocate or procurator-fiscal), but 
shall not be made if it appears to the court unlikely that 
any order will be made under section 58C (order as to 
disposal of offending goods or material). 
(4) An appeal lies from an order made under this 
section by a magistrates' court-
(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. 
(5) A person to whom goods or material are delivered 
up in pursuance of an order under this section shall retain 
it pending the making of an order under section 58C. 
(6) Nothing in this section affects the powers of the 
court under section 43 of the Powers of Criminal Courts 
Act 1973, section 223 or 436 of the Criminal Procedure 
(Scotland) Act 1975 or Article 7 of the Criminal Justice 
(Northern Ireland) Order 1980 (general provisions as to 
forfeiture in criminal proceedings). PART VII IP/N/lIGBRlC/1 
Page 160 
PART VII c.48 
Order as to 
disposal of 
offending goods 
or material. 
Enforcement of 
section 58A. Copyright. Designs and Patents Act 1988 
58C.--(l) Where goods or material have been 
delivered up in pursuance of an order under section 58B, 
an application may be made to the court for an order that 
they be cestroyed or forfeited to such person as the court 
may think fit. 
(2) Pro';ision shall be made by rules of court as to the 
service ')f notice on persons having Rn interest in the 
goods or material, and any such person is entitled-
(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 detennination or abandonment of 
the proceedings on the appeal. 
(3) Where there is more than one person interested in 
goods or material, the court shall make such order as it 
thinks just. 
(4) References in this section to a person having an 
interest in goods or material include any person in whose 
favour an order could be made under this section or under 
sections 114, 204 or 231 of the Copyright, Designs and 
Patents Act 1988 (which make similar provision in 
relation to infringement of copyright, rights in 
performances and design right). 
(5) Proceedings for an order under this section may be 
brought-
(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. 
580.-(1) The functions of a local weights and 
measures authority include the enforcement in their area 
of section 58A. 
(2) The following provisions of the Trade Descriptions 
Act 1968 apply in relation to the enforcement of that 
section as in relation to the enforcement of that Act-
section 27 (power to make test purchases), 
section 28 (power to enter premises and inspect and 
seiz.~ goods and documents:, 
section 29 (obstructioll of autho:ifcd officers), and 
section 33 (compensation for loss, &c. of goods 
seized under s.28). IP/NI 1/GBRfCI 1 
Page 161 
Copyright, Designs and Patents Act 1988 c.48 
(3) Subsection (1) above does not apply in relation to 
the enforcement of section 58A in Northern Ireland, but 
the functions of the Department of Economic 
Development include the enforcement of that section in 
Northern Ireland. 
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. 
(4) Any enactment which authorises the disclosure of 
infonnation for the purpose of facilitating the 
enforcement of the Trade Descriptions Act 1968 shall 
apply as if section 58A above were contained in that Act 
and as if the functions of any person in relation to the 
enforcement of that section were functions under that 
Act." . 
Provisionsfor the benefit of the Hospitalfor Sick Children 
301. The provisions of Schedule 6 have effect for conferring on trustees 
for the benefit of the Hospital for Sick Children, Great Onnond Street, 
London, a right to a royalty in respect of the public performance, 
commercial publication, broadcasting or inclusion in a cable programme 
service of the play "Peter Pan" by Sir James Matthew Barrie, or of any 
adaptation of that work, notwithstanding that copyright in the work 
expired on 31st December 1987. 
Financial assistance for certain international bodies 
302.-{l) The Secretary of State may give financial assistance, in the 
form of grants, loans or guarantees to--
(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. 
(2) Any expenditure of the Secretary of State under this section shall 
be defrayed out of money provided by Parliament; and any sums received 
by the Secretary of State in consequence of this section shaH be paid into 
the Consolidated Fund. 
General PART VII 
Provisions for the 
benefit of the 
Hospital for Sick 
Children. 
Financial 
assistance for 
certain 
international 
bodies. 
303.--{1) The enactments specified in Schedule 7 are amended in Consequential 
accordance with that Schedule, the amendments being consequential on amendments and 
the provisions of this Act. repeals. 
(2) The enactments specified in Schedule 8 are repealed to the extent 
specified. IP/N/lIGBRlC/l 
Page 162 
PART VII 
Extent. c.48 Copyright, Designs and Patents Act 1988 
304.-(1) Provision as to the extent of Part I (copyright), Part 11 (rights 
in performances) and Part III (design right) is to be found in sections 157, 
207 and 255 respectively; the extent of the other provisions of this Act is 
as follows. 
(2) Parts IV to VII extend to England and Wales, Scotland and 
Northern Ireland, except that-
(a) sections 287 to 292 (patents county courts) extend to England 
and Wales only, 
(b) the proper law of the trust created by Schedule 6 (provisions for 
the ben~fit of the Hospital for Sick Children) is the law of 
England and Wales, and 
(c) the amendments and repeals in Schedules 7 and 8 have the same 
extent as the enactments amended or repealed. 
(3) The following provisions extend to the Isle of Man subject to any 
modifications contained in an Ord~r made by Her Majesty in Council-
(a) sections 293 and 294 (patents: licences of right), and 
(b) paragraphs 24 and 29 of Schedule 5 (pater.ts: effect of filing 
international application for patent and power to extend time 
limits). 
(4) Her Majesty may by Order in Council direct that the follo\ .... ing 
provisions extend to tIle Isle of Man, with such exceptions and 
modifications as may be specified in the Order-
(a) Part IV (registered designs), 
(b) Part V (patent agents), 
(c) the prOVISIons of Schedule 5 (patents: misceilaneous 
amendments) not mentioned in subsection (3) above, 
(d) sections 297 to 299 (fraudulent reception of transmissions), and 
(e) section 300 (fraudulent application or use of trade mark). 
(5) Her Majesty may by Order in Council direct that sections 297 to 
299 (fraudulent reception of transmissions) extend to any of the Channel 
Islands, with such exceptions and modifications as may be specified in the 
Order. 
(6) Any power conferred by this Act to make provision by Order in 
Council for or in connection with the extent of provisions of this Act to 
a country outside the United Kingdom includes power to extend to that 
country, subject to any modifications specified in the Order, any 
provision of this Act which amends or repeals an enactment extending to 
that country. 
Commencement. 305.--( 1) The following provisions of this Act come into force on 
Royal Assent-
paragraphs 24 and 29 of Schedule 5 (patents: effect of filing 
international application fo:-patent and power to extend time 
limits); 
section 301 and Schedule 6 (provisions for the benefit of the Hospital 
for Sick Children). 
(2) Sections 293 and 294 (licences of right) come into force at the end 
of the period of two months beginning with the passing of this Act. IP/N/lIGBRlC/1 
Page 163 
Copyright, Designs and Patents Act 1988 c.48 
(3) The other provisions of this Act come into force on such day as the 
Secretary of State may appoint by order made by statutory instrument, 
and different days may be appointed for different provisions and different 
purposes. PART VII 
306. This Act may be cited as the Copyright, Designs and Patents Act Short title. 
1988. IP/NI lIGBRlCI 1 
Page 164 
Section 170. 
19;1 c. 46. 
1956 c. 74. c.48 Copyright. Designs and Patents Act 1988 
SCHEDULES 
SCHEDULE 1 
COPYRIGHT: TRANSITIOi'olAL PROVISIONS AND SAVINGS 
In troduc tory 
l.-{J) In this Schedule-
"the 1911 Act" means the Copyright Act 1911, 
"the 1956 Act" means the Copyright Act J 956, and 
"the new copyright provisions" means the provisions of this Act relating to 
copy~ght, that is, Part I (including this Schedule) and Schedules 3, 7 
and 8 so far as they make amendments or repeals consequential on the 
provisions of P'Ht I. 
(2) Referencs in this St.:hedule to "commencement", without more, are to the 
date on which the new copyr.ght provisions come into force. 
(3) R~ferenc<.:s in this Schedule to "existing worb" are to works made before 
ccmme:1cement; and for this purpose a ,"orK of which the making extended over 
a period sh2.11 t-e taken to have been made when its making was completed. 
2.~ 1) In r~lation to the 1956 Act, references in this Schedule to a work include 
any work or other subject-matter within the meaning of that Act. 
(2) In relation to the 1911 Act-
(a) references in this Schedule to copyright include the right conferred by 
section 24 of that Act in substitution for a right subsisting immediately 
before the commencement of that Act; 
(b) references in this Schedule to copyright in a sound recording are to the 
copyright under that Act in records embodyi 19 the recording; and 
(c) references in this Schedule to cop~'right :n a film are to any copyright 
under that Act in the film (so far .is it consUutld a drama:ic work for 
the purposes of that Act) oj' in photograph,; formin,~ part of the film. 
General principles: continuity of the law 
3. The new copyright provisions apply in relation to things eXIsting at 
commencement as they apply in relation to things coming into existence after 
commencement, subject to any express provision to the contrary. 
4.-{ I) The provisions of this paragraph have effect for securing the continuity 
of the law so far as the new copyright provisions re-enact (with or without 
modification) earlier provisions. 
(2) A r.:ference in an enactment, instrument or other document to copyright, 
or to a work or other subject-matter in which copyright subsists, which apart 
from this Act would be construed as referring to copyright under the 1956 A~t 
shall IX construed, so far as may be required for continuing its effect, as being, or 
as the case may require, including, a reference to copyright under this Act or to 
works in which copyright subsists under this Act. 
(3) Anything done (including subordinate legislation made), or having effect as 
done, under or for the purposes of a provision repealed by this Act has effect as 
if done under or for the purposes of the corresponding provision of the new 
copyright provisions. IP/N/lIGBRlC/1 
Page 165 
Copyright. Designs and Patents Act 1988 c.48 
(4) References (expressed or implied) in this Act or any other enactment, 
instrument or document to any of the new copyright provisions shall, so far as 
the context pennits, be construed as including, in relation to times, circumstances 
and purposes before commencement, a reference to corresponding earlier 
provisions. 
(5) A reference (express or implied) in an enactment, instrument or other 
document to a provision repealed by this Act shall be construed, so far as may be 
required for continuing its effect, as a reference to the corresponding provision of 
this Act. 
(6) The provisions of this paragraph have effect subject to any specific 
transitional provision or saving and to any express amendment made by this Act. 
Subsistence of copyright 
5.--(1) Copyright subsists in an existing work after commencement only if 
copyright subsisted in it immediately before commencement. 
(2) Sub-paragraph (1) does not prevent an existing work qualifying for 
copyright protection after commencement-
(a) under section 155 (qualification by virtue of first publication), or 
(b) by virtue of an Order under section 159 (application of Part I to countries 
to which it does not extend). 
6.--( 1) Copyright shall not subsist by virtue of this Act in an artistic work 
made before 1 st June 1957 which at the time when the work was made constituted SCH. I 
a design capable of registration under the Registered Designs Act 1949 or under 1949 c. 88. 
the enactments repealed by that Act, and was used, or intended to be used, as a 
model or pattern to be multiplied by an industrial process. 
(2) For this purpose a design shall be deemed to be used as a model or pattern 
to be multiplied by any industrial process-
(a) when the design is reproduced or is intended to be reproduced on more 
than 50 single articles, unless all the articles in which the design is 
reproduced or is intended to be reproduced together fonn only a single 
set of articles as defined in section 44( 1) of the Registered Designs Act 
1949, or 
(b) when the design is to be applied to­
(i) printed paper hangings, 
(ii) carpets, floor cloths or oil cloths, manufactured or sold in 
lengths or pieces, 
(iii) textile piece goods, or textile goods manufactured or sold in 
lengths or pieces, or 
(iv) lace, not made by hand. 
7.--(1) No copyright subsists in a film, as such, made before 1st June 1957. 
(2) Where a film made before that date was an original dramatic work within 
the meaning of the 1911 Act, the new copyright provisions have effect in relation 
to the film as if it was an original dramatic work within the meaning of Part I. 
(3) The new copyright provisions have effect in relation to photographs 
fonning part ofa film made before 1st June 1957 as they have effect in relation to 
photographs not fonning part of a film. 
8.-{1) A film sound-track to which section 13(9) of the 1956 Act applied 
before commencement (film to be taken to include sounds in associated sound­
track) shall be treated for the purposes of the new copyright provisions not as 
part of the film, but as a sound recording. IP/NIlIGBRlCI 1 
Page 166 
SeH. 1 c.48 Copyright, Designs and Patents Act 1988 
(2) However-
(a) copyright subsists in the sound recording only if copyright subsisted in 
the film immediately before commencement, and it continues to subsist 
until copyright in the film expires; 
(b) the author and first owner of copyright in the film shall be treated as 
having been author and first owner of the copyright in the sound 
recording; and 
(c) anything done before commencement under or in relation to the 
copyright in the film continues to have effect in relation to the sound 
recording as in relation to the film. 
9. No copyright subsist:; in-
(a) a broadcast madt before I st June 1957, or 
(b) a cable program(.le 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 
10. The question who was the author of an existing work shall be determined 
in ac~ordance with the new copyright provisions for the purposes of the rights 
conferred by Chapter IV of Part I (moral rights), and for all other purposes shall 
be determined in accordance with the law in force at the time the work was made. 
First ownership of cOJ-,yright 
11.-(1) The question who was first owner of copyright in an existing work 
shall be determined in accordance with the law in force at the time the work was 
made. 
(2) Where before commencement a person commissioned the making of a 
work in circumstances falling within-
(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 
12.-( 1) The following provisions have effect with respect to the 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. 
(2) Copyright in the following descriptions of work continues to subsist until 
the date on which it would have expired under the 1956 Act-
(a) literary, dramatic or musical works in relation to which the period of 50 
years mentioned in the proviso to section 2(3) of the 1956 Act (duration 
of copyright in works made available to the public after the death of the 
author) has begun to run; 
(b) engravings in relation to which the period of 50 years mentioned in the 
proviso to section 3(4) of the 1956 Act (duration of copyright in works 
published after the death of the author) has begun to run; 
(c) published photographs and photographs taken before 1 st June 1957; IP/N/lIGBRlC/1 
Page 167 
Copyright, Designs and Patents Act /988 c.48 
(d) published sound recordings and sound recordings made before 1 st June 
1957; 
(e) published films and films falling within section 13(3)(a) of the 1956 Act 
(films registered under former enactments relating to registration of 
films). 
(3) Copyright in anonymous or pseudonymous literary, dramatic, musical or 
artistic works (other than photographs) continues to subsist-
(a) if the work is published, until the date on which it would have expired in 
accordance with the 1956 Act, and 
(b) if the work is unpublished, until the end of the period of 50 years from 
the end of the calendar year in which the new copyright provisions 
come into force or, if during that period the work is first made available 
to the public within the meaning of section 12(2) (duration of copyright 
in works of unknown authorship), the date on which copyright expires 
in accordance with that provision; 
unless, in any case, the identity of the author becomes known before that date, in 
which case section 12(1) applies (general rule: life of the author plus 50 years). 
(4) Copyright in the following descriptions of work continues to subsist until 
the end of the period of 50 years from the end of the calendar year in which the 
new copyright provisions come into force-
(a) literary, dramatic and musical works of which the author has died and 
in relation to which none of the acts mentioned in paragraphs (a) to (e) 
of the proviso to section 2(3) of the 1956 Act has been done; 
(b) unpublished engravings of which the author has died; 
Cc) unpublished photographs taken on or after 1st June 1957. 
(5) Copyright in the following descriptions of work continues to subsist until 
the end of the period of 50 years from the end of the calendar year in which the 
new copyright provisions come into force-
(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. 
(6) Copyright in any other description of existing work contin:Jes to subsist 
until the date on which copyright in that description of work expires in 
accordance with sections 12 to 15 of this Act. 
(7) The above provisions do not apply to \\'orks subject to Crown or 
Parliamentary copyright (see paragraphs 41 to 43 below). 
Perpetual copyright under the Copyright Act 1775 SeH. I 
I 3.-{ 1) The rights conferred on universities and colleges by the Copyright 1775 c. 53. 
Act 1775 shall continue to subsist until the end of the period of 50 years from the 
end of the calendar year in which the new copyright provisions come into force 
and shall then expire. 
(2) The provisions of the following Chapters of Part 1-
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. IP/N/lIGBRlC/1 
Page 168 
SeH. I 
1775 c. 53. c.48 Copyright, Designs and Patents Act 1988 
Acts infringing copyright 
I 4.-{ I) The provisions of Chapters II and III of Part I as to the acts 
constituting an infringement of copyright apply only in relation to acts done after 
commencement; the provisions of the 1956 Act continue to apply in relation to 
acts done before commencement. 
(2) So much of section) 8(2) as extends the restricted act of issuing copies to 
the public to include the rental to the public of copies of sound recordings, films 
or computer programs does not apply in relation to a copy of a sound recording, 
film or computer program acquired by any person before commencement for the 
purpose of renting it to the pUblic. 
(3) For the purposes ofst!ction 27 (meaning of "infringing copy") th~ question 
whether the making of an article constituted an infringement of copyright, or 
would have done if the article had been made in the United Kingdom, shall be 
determined-
(a) in relation to an article made on or after 1 st June 1957 and before 
commencement, by reference to the 1956 Act, and 
(b) in relation to an article made before 1st June 1957, by reference to the 
1911 Act. 
(4) For the purposes of the application of sections 31(2), 51(2) and 62(3) 
(subsequent exploitation of things whose making was, t>y virtue of an earlier 
provision of the section, not an infringement of copyright) to things made before 
commencement, it shall be assumed that the new copyright provisions were in 
force at all material times. 
(5) Section 55 (articles for producmg material in a particular typeface) applies 
where articles have been marketed as mentioned in subsection (1) before 
commencement with the substitution for the period mentioned in subsection (3) 
of the period of 25 years from the end of the calendar year in which the new 
copyright provisions come into force. 
(6) Section 56 (transfer of copies, adaptations, &c. of work in electronic form) 
does not apply in relation to a copy purchased before commencement. 
(7) In section 65 (reconstruction of buildings) the reference to the owner of the 
copyright in the drawings or plans is, in relation to buildings constructed before 
commencement, to the person who at the time of the construction was the owner 
ef til'~ copyright in the drawings or plans under the 1956 Act. the 191 I Act or any 
en~ctment repealed by the 1911 Act. 
15.-{1) Section 57 (anonymous or pseudonymous works: acts permitted on 
assumptions as to expiry vf copyright or death of author) has effect in relation to 
existing works subject to the following provisio~s. 
(2) Subsection (1 )(b )(i) (assumption as to expiry of copyright) does not apply 
in relation to-
(a) photographs, or 
(b) the rights me"1tioned in paragraph 13 above (rights conferred by the 
Copyright Act 1775). 
(3) Subsection (1 )(b)(ii) (assumption as to death of author) applies only-
(a) where paragraph ! 2(3)(b) above applies (unpublished anonymous or 
pseudonymou~ w'Jrks), after the end of the period of 50 years from the 
end of the calend!ir year in which the new copyright provisions come 
into force, or 
(b) where paragraph 12(6) above applies (cases in which the duration of 
copyright is the same under the new copyright provisions as under the 
previous law). IP/N/lIGBRlC/1 
Page 169 
Copyright. Designs and Patents Act 1988 c.48 
) 6. The following provisions of section 7 of the) 956 Act continue to apply in 
relation to existing works-
(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'siIbsection (7»; 
and subsection (9)(d) (illustrations) continues to apply for the purposes of those 
provisions. 
17. Where in the case ofa dramatic or musical work made before 1st July 1912, 
the right conferred by the 1911 Act did not include the sole right to perform the 
work in public, the acts restricted by the copyright shall be treated as not 
including-
(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. 
18. Where a work made before 1st July 1912 consists of an essay, article or 
portion fonning part of and first published in a review, magazine or other 
periodical or work of a like c.nature, the copyright is subject to any right of 
publishing the essay, article, or portion fn a separate form to which the author 
was entitled at the commencement of the 1911 Act, or would if that Act had not SeH. I 
been passed, have become entitled under section 18 of the Copyright Act 1842. 1842 c. 45. 
Designs 
19.--{1) Section 51 (exclusion of copyright protection in relation to works 
recorded or embodied in design document or models) does not apply for ten years 
after commencement in relation to a design recorded or embodied in a design 
document or model before commencement. 
(2) During those ten years the following provisions of Part III (design right) 
apply to any relevant copyright as in relation to design right-
(a) sections 237 to 239 (availability of licences of right), and 
(b) sections 247 and 248 (application to comptroller to settle tenns of licence 
of right). 
(3) In section 237 as it applies by virtue of this paragraph, for the reference in 
subsection (I) to the last five years of the design right term there shall be 
substituted a reference to the last five years of the period of ten years referred to 
in sub-paragraph (I) above, or to so much of those last five years during which 
copyright subsists. 
(4) In section 239 as it applies by virtue of this paragraph, for the reference in 
subsection (1 )(b) to section 230 there shall be substituted a reference to section 
99. 
(5) Where a licence of right is available by virtue of this paragraph, a person to 
whom a licence was granted before commencement may apply to the comptroller 
for an order adjusting the tenns of that licence. 
(6) The provisions of sections 249 and 250 (appeals and rules) apply in relation 
to proceedings brought under or by virtue of this paragraph as to proceedings 
under Part Ill. IP IN 11 IGBRlCI 1 
Page 170 
SeH.l c.48 Copyright, Designs and Patents Act 1988 
(7) A licence granted by virtue of this paragraph shall relate only to acts which 
would be permitted by section 51 if the design document or model had been made 
after commencement. 
(8) Section 100 (right to seize infringing copies, &c.) does not apply during the 
period of ten years referred to in sub-paragraph (I) in relation to anything to 
which it would not apply if the design in question had been first recorded or 
embodied in a design document or model after commencement. 
(9) Nothing in this paragraph affects the operation of any rule of law 
preventing or restricting the enforcement of copyright in relation to a design. 
20.-{ 1) Where section 10 of the 1956 Act (p.ffect of industrial application of 
design corresponding to artistic work) applied in relation to an artistic work at 
any time before commencement, section 52(2) of this Act applies with the 
substitution for the period of 25 years mentioned there of the relevant period of 
15 years as defined in section 10(3) of the 1956 Act. 
(2) Except as provided in sub-paragraph (I), section 52 applies only where 
articles are marketed as mentioned in subsection (I )(b) after commencement. 
Abolition of statutory recording licence 
21. Section 8 of the 1956 Act (statutory licence to copy records sold by retail) 
continues to apply where notice under subsection (l)(b) of that section was given 
before the repeal of that section by this Act, but only in respect of the making of 
records-
(a) within one year of the repeal coming into force, and 
(b) up to the number stated in the notice as intended to be sold. 
M oral rights 
22.-{1) No act done before commencement is actionable by virtue of any 
provision of Chapter IV of Part I (moral rights). 
(2) Section 43 of the 1956 Act (false attribution of authorship) continues to 
apply in relation to acts done before commencement. 
23.-{1) The following provisions have effect with respect to the rights 
conferred by-
(a) section 77 (right to be identified as author or director), and 
(b) section 80 (right to object to derogatory treatment of work). 
(2) The rights do not apply-
(a) in relation to a literary, dramatic, musical and artistic work of which the 
author died before commencement; or 
(b) in relation to a film made before commencement. 
(3) The rights in relation to an existing literary, dramatic, musical or artistic 
work do not apply-
(a) where copyright first vested in the author, to anything which by virtue of 
an assignment of copyright made or licence granted before 
commencement may be done without infringing copyright; 
(b) where copyright first vested in a person other than the author, to 
anything dor.e by or with the licence of the copyright owner. 
(4) The rights do not appiy to anything done in relation to a record made in 
pursuance of section 8 of the 1956 Act (statutory recording licence). 
24. The right conferred by section 85 (right to privacy of certain photographs 
and films) does not apply to photographs taken or films made before 
commencement. IP/N/lIGBRlC/1 
Page 171 
Copyright, Designs and Patents Act 1988 c.48 
Assignments and licences 
25.-( 1) Any document made or event occurring before commencement which 
had any operation-
(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. 
(2) Expressions used in such a document shall be construed in accordance with 
their effect immediately before commencement. 
26.-{l) Section 91(1) of this Act (assignment of future copyright: statutory 
vesting of legal interest on copyright coming into existence) does not apply in 
relation to an agreement made before 1st June 1957. 
(2) The repeal by this Act of section 37(2) of the 1956 Act (assignment of future 
copyright: devolution of right where assignee dies before copyright comes into 
existence) does not affect the operation of that provision in relation to an 
agreement made before commencement. 
27.-{ 1) Where the author of a literary, dramatic, musical or artistic work was 
the first owner of the copyright in it, no assignment of the copyright and no grant 
of any interest in it, made by him (otherwise than by will) after the passing of the 
1911 Act and before 1st June 1957, shall be operative to vest in the assignee or 
grantee any rights with respect to the copyright in the work beyond the expiration 
of 25 years from the death of the author. 
(2) The reversionary interest in the copyright expectant on the termination of 
that period may after commencement be assigned by the author during his life 
but in the absence of any assignment shall, on his death, devolve on his legal 
personal representatives as part of his estate. 
(3) Nothing in this paragraph affects-
(a) an assignment of the reversionary interest by a person to whom it has 
been assigned, 
(b) an assignment of the reversionary interest after the death of the author 
by his personal representatives or any person becoming entitled to it, or 
(c) any assignment of the copyright after the reversionary interest has fallen 
in. 
(4) Nothing in this paragraph applies to the assignment of the copyright in a 
collective work or a licence to publish a work or part of a work as part of a 
collective work. 
(5) In sub-paragraph (4) "collective work" means-
(a) any encyclopaedia, dictionary, yearbook, or similar work; 
(b) a newspaper, review, magazine, or similar periodical; and 
(c) any work written in distinct parts by different authors, or in which works 
or parts of works of different authors are incorporated. 
28.-(1) This paragraph applies where copyright subsists in a literary, 
dramatic, musical or artistic work made before 1st July 1912 in relation to which 
the author, before the commencement of the 1911 Act, made such an assignment 
or grant as was mentioned in paragraph (a) of the proviso to section 24( 1) of that 
Act (assignment or grant of copyright or performing right for full term of the 
right under the previous law). 
(2) If before commencement any event has occurred or notice has been given 
which by virtue of paragraph 38 of Schedule 7 to the 1956 Act had any operation 
in relation to copyright in the work under that Act, the event or notice has the 
corresponding operation in relation to copyright under this Act. SeH.l IP/N/lIGBRlC/1 
Page 172 
SCH.l c.48 Copyright, Designs and Patents Act 1988 
(3) Any right which immediately before commencement would by virtue of 
paragraph 38(3) of that Schedule have been exercisable in relation to the work, 
or copyright in it, is exercisable in relation to the work or copyright in it under 
this Act. 
(4) Ifin accordance with paragraph 38(4) of that Schedule copyright would, on 
a date after the commencement of the 1956 Act, ilave reverted to the author or 
his personal representatives and that date falls after the commencement of the 
new copyright provisions-
(a) the copyright in the work shall revert to the author or his personal 
representatives, as the case may be, and 
(b) a.:'ly interest of any other person in the copj'right which ~ubsists on that 
~ate by virtue of any document made befo:c the commer,cement of the 
,911 Act shall thereupon determine. 
29. Section 92(2) of this Act (rights of exclusive licensee against successors in 
title of pe:son granting licence) does not apply in relation to an exclusive licence 
granted before commencement. 
Bequests 
30.-{1) Section 93 of this Act (copyright to pass under will with original 
doc-.lme,t or other material thing embodying unpublished work~ 
(a) does not apply where the testator died before 1 st June 1957, and 
(b) where the testator died on or after that date and before commencement, 
applies only in relation to an original document embodying a work. 
(2) In the case of an author who died before I st June 1957, the ownership after 
his death ofa manuscript of his, where such ownership has been acquired under 
a testamentary disposition made by him and the manuscript is of a work which 
has not been published or performed in public, is prima facie proof of the 
copyright being with the owner of the manuscript. 
Remedies for infringement 
31.-{1) Sections 96 and 97 of this Act (remedies for infringement) apply only 
in relation to an infringement of copyright committed after commencement; 
section 17 of the 1956 Act continues to apply in relation to infringements 
committed before commencement. 
(2) Sections 99 :md 100 ofthi::; Act (delivery up or seizure of infringing copies, 
&c.) apply to in!'ringing copies and other articles made before or after 
commencement; section 18 of the 1956 Act, and section 7 of the 1911 Act, 
(conversion damages, &c.), do not apply after commencement except for the 
purposes of proceedings begun before commencement. 
(3) Sections 101 to 102 of this Act (rights and remedies of exclusive licensee) 
apply where sections 96 to 100 of this Act apply; section 19 of the 1956 Act 
continues to apply where section 17 or 18 of that Act applies. 
(4) Sections 104 to 106 of this Act (presumptions) apply only in proceedings 
brought by virtue of this Act; section 20 of the 1956 Act continues to apply in 
proceedings brought by virtue of that Act. 
32. Sections 101 and 102 Of this Act (rights and remedies of exclusive licensee) 
do r.ot apply to a licence granted befcre l!:t Jur.e 1957. 
3J.-{I) The provisions (If section 107 of this Act (c.;minal liability for 
making or dealing with infringing articles, &c.) apply onl 'I in relation to acts done 
after commencement; section 21 of the 1956 Act (r enalties and summary 
proceedings in respect of dealings which infringe copyright) continues to apply in 
relation to acts done before commencement. IP/N/lIGBRlC/1 
Page 173 
Copyright, Designs and Patents Act 1988 c.48 
(2) Section 109 of this Act (search warrants) applies in relation to offences 
committed before commencement in relation to which section 21 A or 21 B of the 
1956 Act applied; sections 21 A and 21 B continue to apply in relation to warrants 
issued before commencement. 
Copyright Tribunal: proceedings pending on commencement 
34.-( 1) The Lord Chancellor may, after consultation with the Lord 
Advocate, by rules make such provision as he considers necessary or expedient 
with respect to proceedings pending under Part IV of the 1956 Act immediately 
before commencement. 
(2) Rules under this paragraph shall be made by statutory instrument which 
shall be subject to annulment in pursuance of a resolution of either House of 
Parliament. 
Qualification for copyright protection 
35. Every work in which copyright subsisted under the 1956 Act immediately 
before commencement shall be deemed to satisfy the requirements of Part I of 
this Act as to qualification for copyright protection. 
Dependent territories 
36.-( 1) The 1911 Act shall remain in force as part of the law of any dependent 
territory in which it was in force immediately before commencement until-
(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 any of the Channel Islands, the Act is repealed by Order 
under sub-paragraph (3) below. 
(2) An Order in Council in force immediately before commencement which 
extends to any dependent territory any provisions of the 1956 Act shall remain in 
force as part of the law of that territory until-
(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. 
(3) If it appears to Her Majesty that provision with respect to copyright has 
been made in the law of any of the Channel Islands or the Isle of Man otherwise 
than by extending the provisions of Part I of this Act, Her Majesty may by Order 
in Council repeal the 1911 Act as it has effect as part of the law of that territory 
or, as the case may be, revoke the Order extending the 1956 Act there. 
(4) A dependent territory in which the 1911 or 1956 Act remains in force shall 
be treated, in the law of the countries to which Part I extends, as a country to 
which that Part extends; and those countries shall be treated in the law of such a 
territory as countries to which the 1911 Act or, as the case may be, the 1956 Act 
extends. 
(5) If a country in which the 1911 or 1956 Act is in force ceases to be a colony 
of the United Kingdom, section 158 of this Act (consequences of country ceasing 
to be colony) applies with the substitution for the reference in subsection (3)(b) 
to the provisions of Part I of this Act of a reference to the provisions of the 1911 
or 1956 Act, as the case may be. 
(6) In this paragraph "dependent territory" means any of the Channel 
Islands, the Isle of Man or any colony. SCH.I IP/N/lIGBRlC/1 
Page 174 
SeH. ) c.48 Copyright. Designs and Patents Act 1988 
37.-{)} This paragraph applies to a country which immediately before 
commencement was not a dependent territory within the meaning of paragraph 
36 above but-
(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. 
(2) A country to which this paragraph applie~ shall be treated as a country to 
which Part J extends for the purposes of ~ectio.1S 154 to 156 (qualification for 
cOpyrig:lt protection) until-
(a) an Order in Council is made in respect of that country under section 159 
(application of Part I to countries to which it does not extend), or 
(b) an Order in Council is made declaring that it shall cease to be so treated 
by reason of the fact that the provisions of the 1956 Act or, as the case 
may be, the 1911 Act, which extended there as part of the law of that 
country have been repealed or amended. 
(3) A statutory instrument containing an Order in Council under this 
paragraph shall be subject to annulment in pursuance of a resolution of either 
House of Parliament. 
Territorial waters and the continental shelf 
38. Section 161 of this Act (application of Part I to things done in territoriai 
waters or the United Kingdom sector of the continental shelf) does not apply in 
relation to anything done before commencement. 
British ships, aircraft and hm'ercraft 
39. Section 162 (British ships, aircraft and hovercraft) does not apply in 
relation to anything done before commencement. 
Crown copyright 
40.---{ 1) Section 163 of this Act (general provisions as to Crown copyright) 
applies to an existing work if-
(a) section 39 of the 1956 Act applied to the work immediately before 
commencement, and 
(b) the work is not one to which section 164, 165 or 166 applies (copyright 
in Acts, Measures and Bills and Parliamentary copyright: see 
paragraphs 42 and 43 below). 
(2) Section 163 (I )(b) (first ownership of copyright) has effect subject to any 
agreement entered into before commencement under section 39(6) of the 1956 
Act. 
41.---{1) The following provisions have effect with respect to the duration of 
copyright in existing works to which section 163 (Crown copyright) applies. 
The question which provision applies to a work shall be determined by 
reference to the fa.::ts imrr.ediately before commencement; and expressions used 
in thi~ paragraph which were defined for the purposes of the 1956 Act have the 
same meaning as In that Act. 
(2) C(Jpyright in the fe Howing descriptions of work continues to subsist until 
the date on which it Ylould have expired in accordar;ce with the 1956 Act-
(a) published literary, dramatic or musical wc drs; 
(b) artistic works other than engravings or photographs; 
(c) published engravings; IP/NI1/GBRlCI 1 
Page 175 
Copyright. Designs and Patents Act 1988 c.48 
(d) published photographs and photographs taken before 1 st June 1957; 
(e) published sound recordings and sound recordings made before 1 st June 
1957; 
(f) published films and films falling within section 13(3 )(a) of the 1956 Act 
(films registered under former enactments relating to registration of 
films). 
(3) Copyright in unpublished literary, dramatic or musical works continues to 
subsist until-
(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. 
(4) Copyright in the following descriptions of work continues to subsist until 
the end of the period of 50 years from the end of the calendar year in which the 
new copyright provisions come into force-
(a) unpublished engravings; 
(b) unpublished photographs taken on or after 1 st June 1957. 
(5) Copyright in a film or sound recording not falling within sub-paragraph (2) 
above continues to subsist until the end of the period of 50 years from the end of 
the calendar year in which the new copyright provisions come into force, unless 
the film or recording is published before the end of that period, in which case 
copyright expires 50 years from the end of the calendar year in which it is 
published. 
42.-( 1) Section 164 (copyright in Acts and Measures) applies to existing Acts 
of Parliament and Measures of the General Synod of the Church of England. 
(2) References in that section to Measures of the General Synod of the Church 
of England include Church Assembly Measures. 
Parliamentary copyright 
43.-( I) Section 165 of this Act (general provisions as to Parliamentary 
copyright) applies to existing unpublished literary, dramatic, musical or artistic 
works, but does not otherwise apply to existing works. 
(2) Section 166 (copyright in Parliamentary Bills) does not apply-
(a) to a public Bill which was introduced into Parliament and published 
before commencement, 
(b) to a private Bill of which a copy was deposited in either House before 
commencement, or 
(c) to a personal Bill which was given a First Reading in the House of Lords 
before commencement. 
Copyright vesting in certain international organisations 
44.-{ I) Any work in which immediately before commencement copyright 
subsisted by virtue of section 33 of the 1956 Act shall be deemed to satisfy the 
requirements of section 168( I): but otherwise section 168 does not apply to works 
made or,as the case may be, published before commencement. 
(2) Copyright in any such work which is unpublished continues to subsist until 
the date on which it would have expired in accordance with the 1956 Act, or 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 earlier. SCH. I IP/NIlIGBRlCI 1 
Page 176 
SCH.l 
Section 189. c.48 Copyright. Designs and Patents Act 1988 
Meaning of "publication" 
45. Section 175(3) (construction of building treated as equivalent to 
publication) applies only where the construction of the building began after 
comm!ncement. 
Meaning of "unauthorised" 
46. For the purposes of the application of the definition in section 178 (minor 
definitions) of the expression "unauthorised" in relation to things done before 
commencemen t-
(a) paragraph (a) applies in relation to things done before] st June 1957 as if 
the reference to the licence of the copyright OWLer were a reference to 
his consent or acquiescence; 
(b) paragraph (b) applies with the substitution for the words from "or, in a 
case" to the end of the words "or any person lawfully claiming under 
him"; and 
(c) paragraph (c) shall be disregarded. 
SCHEDULE 2 
RIGHTS IN PERFORMANCES: PERMITTED ACTS 
Introductory 
l.-{l) The provisions of this Schedule specify acts which may be done in 
relation to a performance or recording notwithstanding the rights cOl'ferred by 
Part II; they relate only to the question of infringement of those rights anti do not 
affect any other right or obligation restricting the doing of any of the specified 
acts. 
(2) No inference shall be drawn from the description of any act which may by 
virtue of this Schedule be done without infringing the rights conferred by Part II 
as to the scope of those rights. 
(3) The provisions of this Schedule are to be construed independently of each 
other, so that the fact that an act does not fall within one provision does not mean 
that it is not covered by another provision. 
Criticism, revieHJs and news reportir;g 
2.-{1) Fair dealing with a performance or recording-
(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. 
(2) Expressions used in this paragraph ha ve the same meaning as in section 30. 
Incidental inclusion of performance or recording 
3.-{ I) The rights conferred by Part II are not infringed by the incidental 
inclusion of a performance or recording in a sound recording, film, broadcast or 
cable programme. 
(2) Nor are those rights infringed by anything done in relation to copies of, or 
the playing, showing, broadcasting or inclusion in a cable programme service of, 
anything whose making was, by virtue of sub-paragraph (I), not an infringement 
of those rights. 
(3) A performance or recording so far as it consists of music, or words spoken 
or sung with music, shall not be regarded as incidentally included in a sound 
recording, broadcast or cable programme if it is deliberately included. 
(4) Expressions used in this paragraph have the same meaning as in section 31. IP/N/lIGBRlC/1 
Page 177 
Copyright. Designs and Patents Act 1988 c.48 
Things done for purposes of instruction or examination 
r4;-(I) The rights conferred by Part II are not infringed by the copying of a 
recording of a performance in the course of instruction, or of preparation for 
instruction, in the making of films or film sound-trach, provided the copying is 
done by a person giving or receiving instruction. 
(2) The rights conferred by Part II are not infringed-
(a) by the copying of a recording of a performance for the purposes of setting 
or answering the questions in an examination, or 
(b) by anything done for the purposes of an examination by way of 
communicating the questions to the candidates. 
(3) Where a recording which would otherwise be an illicit recording is made in 
accordance with this paragraph but is subsequently dealt with, it shall be treated 
as an illicit recording for the purposes of that dealing, and if that dealing infringes 
any right conferred by Part II for all subsequent purposes. 
Forthis purpose "dealt with" means sold or let for hire, or offered or exposed 
for sale or hire. 
(4) Expressions used in this paragraph have the same meaning as in section 32. 
Playing or showing sound recording. film, broadcast or cable programme at 
educational establishmenl 
5.-( I) The playing or showing of a sound recording, film, broadcast or cable 
programme at an educational establishment for the purposes of instruction 
before an audience consisting of teachers and pupils at the establishment and 
other persons directly connected with the activities of the establishment is not a 
playing or showing of a performance in public for the purposes of infringement 
of the rights conferred by Part 11. 
(2) A person is not for this purpose directly connected with the activities of 
the educational establishment simply because he is the parent of a pupil at the 
esta blishmen t. 
(3) Expressions used in this paragraph have the same meaning as in section 34 
and any provision made under section 174(2) with respect to the application of 
that section also applies for the purposes of this paragraph. 
Recording of broadcasts and cable programmes by educational establishments 
6.-( 1) A recording of a broadcast or cable programme, or a copy of such a 
recording, may be made by or on behalf of an educational establishment for the 
educational purposes of that establishment without thereby infringing any of the 
rights conferred by Part II in relation to any performance or recording included 
in it. 
(2) Where a recording which would otherwise be an illicit recording is made in 
accordance with this paragraph but is subsequently dealt with, it shall be treated 
as an illicit recording for the purposes of that dealing, and if that dealing infringes 
any right conferred by Part 11 for all subsequent purposes. . 
For this purpose "dealt with" means sold or let for hire, or offered or exposed 
for sale or hire. 
(3) Expressions used in this paragraph have the same meaning as in section 35 
and any provision made under section 174(2) with respect to the application of 
that section also applies for the purposes of this paragraph. SCH.2 IP/N/lIGBRlC/1 
Page 178 
SCH.2 
1958 c. 51. 
1937 c. 43. 
1923 c. 20 (N.!.). c.48 Copyright, Designs and Patents Act 1988 
Copy of work required to be made as condition of export 
7.--(1) If an article of cultural or historical importance or interest cannot 
lawfully be exported from the United Kingdom unless a copy of it is made and 
deposited in an appropriate library or archive, it is not an infringement of any 
right conferred by Part II to make that copy. 
(2) Expressions used in this paragraph have the same meaning as in section 44. 
Parliamentary andjudicial proceedings 
8.--( 1) The rights conferred by Part 11 are not infringed by anything done for 
the purposes of parliamentary or judicial proceedings or for the purpose of 
reporting such proceedings. 
(2) Expressions used in this paragraph have the same meaning as in section 45. 
Royal Commissions and statutory inquiries 
9.--( 1) The rights conferred by Part II are not infringed by anything done for 
the purposes of the proceedings of a Royal Commission or statutory inquiry or 
for the purpose of reporting any such proceedings held in public. 
(2) Expressions used in this paragraph have the same meaning as in section 46. 
Public records 
10.--( 1) Material which is comprised in public records within the meaning of 
the Public Records Act 1958, the Public Records (Scotland) Act 1937 or the 
Public Records Act (Northern Ireland) 1923 which are open to public inspection 
in pursuance of that Act, may be copied, and a copy may be supplied to any 
person, by or with the authority of any officer appointed under that Act, without 
infringing any right conferred by Part 11. 
(2) Expressions used in this paragraph have the same meaning as in section 49. 
Acts done under statutory authority 
11.--( I) Where the doing of a particular act is specifically authorised by an Act 
of Parliament, whenever passt':d, then. unless the Act provides otherwise, the 
doing of that act does not infringe the rights conferred by Part n. 
(2) Sub-paragraph (1) applies in relation to an enactment contained in 
Northern Ireland legislation as it applies to an Act of Parliament. 
(3) Nothing in this paragraph shall be construed as excluding any defence of 
statutory authority otherwise available under or by virtue of any enactment. 
(4) Expressions used in this paragraph have the same meaning as in section 50. 
Transfer of copies of works in electronic form 
12.-(1) This paragraph applies where a recording of a performance in 
electronic form has been purchased on tenns which, expressly or impliedly or by 
virtue of any rule of law, allow the purchaser to make further recordings in 
connection with his use of the recording. 
(2) If there are no express t~nns-
(a) prohibiting the transfer of the recording hy 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 tenns on which a transferee may do the things which 
the purchaser was pennitted to do, IP/NI1/GBRlCI 1 
Page 179 
Copyright. Designs and Patents Act 1988 c.48 
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. 
(3) The same applies where the original purchased recording is no longer 
usable and what is transferred is a further copy used in its place. 
(4) The above provisions also apply on a subsequent transfer, with the 
substitution for references in sub-paragraph (2) to the purchaser of references to 
the subsequent transferor. 
(5) This paragraph does not apply in relation to a recording purchased before 
the commencement of Part II. 
(6) Expressions used in this paragraph have the same meaning as in section 56. 
Use of recordings of spoken works in certain cases 
13.-{ 1) Where a recording of the reading or recitation of a literary work is 
made for the purpose--
(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. 
(2) The conditions are that-
(a) the recording is a direct recording of the reading or recitation and is not 
taken from a previous recording or from a broadcast or cable 
programme; 
(b) the making of the recording was not prohibited by or on behalf of the 
person giving the reading or recitation; 
(c) the use made of the recording is not of a kind prohibited by or on behalf 
of that person before the recording was made; and 
(d) the use is by or with the authority of a person who is lawfully in 
possession of the recording. 
(3) Expressions used in this paragraph have the same meaning as in section 58. 
Recordings of folksongs 
14.-{ 1) A recording of a performance of a song may be made for the purpose 
of including it in an archive maintained by a designated body without infringing 
any of the rights conferred by Part 11, provided the conditions in sub-paragraph 
(2) below are met. 
(2) The conditions are that-
(a) the words are unpublished and of unknown authorship at the time the 
recording is made, 
(b) the making of the recording does not infringe any copyright, and 
(c) its making is not prohibited by any performer. 
(3) Copies of a recording made in reliance on sub-paragraph (1) and included 
in an archive maintained by a designated body may, if the prescribed conditions 
are met, be made and supplied by the archivist without infringing any of the 
rights conferred by Part H. SCH.2 IP/N/1/GBRlC/I 
Page 180 
SCH.2 
1981 c. 68. c.48 Copyright. Designs and Patents Act 1988 
(4) In this paragraph-
"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 
15.-·-{ I) It is not an infringement of any right conferred by Part II to play a 
sound recording as part of the activities of, or for the benefit of, a club, society or 
other organisation if the following conditions are met. 
(2) The conditions are-
(a) that the organisation is not established or conducted for profit and its 
main objects are charitable or are otherwise concerned with the 
advancement of religion, education or social welfare, and 
(b) that the proceeds of any charge for admission to the place where the 
recording is to be heard are applied solely for the purposes of the 
organisation. 
(3) Expressions used in this paragraph have the same meaning as in section 67. 
Incidental recording for purposes of broadcast or c:.:ble progrGmme 
16.-(1) A person who proposes to broadcast a recording ofa p~rformance, or 
include a recording of a performance in a cable program:ne service, in 
circumstances not infringing the rights conferred by Part II shall be treated as 
having consent for the purposes of that Part for the making of a further recording 
for the purposes of the broadcast or cable programme. 
(2) That consent is subject to the condition that the further recording­
(a) shall not be used for ~ny other purpose, and 
(b) shall be destroyed within 28 days of being first used for broadcasting the 
pe7"formance or including it in a cable programme service. 
(3) A recording made in accordance with this paragraph shall be treated as an 
illicit recording-
(a) for the purposes of any use in breach of the condition mentioned in sub­
paragraph (2)(a), and 
(b) for all purposes after that condition or the condition mentioned in sub­
paragraph (2)(b) is broken. 
(4) Expressions used in this paragraph have the same meaning as in section 68. 
Recordings for purposes of supervision and control of broadcasts and cable 
programmes 
17.-( I) The rights conferred by Part II are not infringed by the making or use 
by the British Broadcastit'g Corporation, for the purpose of maintaining 
supervision and control ove:-programmes broadcast by them, of recordings of 
those programmes. 
(2) The rights conferred by Part II are not infringed by-
(a) the making or use of recordings by the Independent Broadcasting 
Authority for the purposes mentioned in section 4(7) of the 
Broadcasting Act 1981 (maintenance of supervision and control over 
programmes and advertisements); or IP/NIlIGBRlCI 1 
Page 181 
Copyright, Designs and Patents Act 1988 c.48 
(b) anything done under or in pursuance of provision included in a contract 
between a programme contractor and the Authority in accordance with 
section 21 of that Act. 
(3) The rights conferred by Part II are not infringed by-
(a) the making by or with the authority of the Cable Authority, or the use by 
that Authority, for the purpose of maintaining supervision and control SeH.2 
over programmes included in services licensed under Part I of the Cable 1984 c. 46. 
and Broadcasting Act 1984, of recordings of those programmes; or 
(b) anything done under or in pursuance of-
(i) a notice or direction given under section 16 of the Cable and 
Broadcasting Act 1984 (power of Cable Authority to require 
production of recordings); or 
(ii) a condition included in a licence by virtue of section 35 of that Act 
(duty of Authority to secure that recordings are available for 
certain purposes). 
(4) Expressions used in this paragraph have the same meaning as in section 69. 
Free public showing or playing of broadcast or cable programme 
18.-( 1) The showing or playing in public of a broadcast or cable programme 
to an audience who have not paid for admission to the place where the broadcast 
or programme is to be seen or heard does not infringe any right conferred by Part 
11 in relation to a performance or recording included in-
(a) the broadcast or cable programme, or 
(b) any sound recording or film which is played or shown in public by 
reception of the broadcast or cable programme. 
(2) The audience shall be treated as having paid for admission to a place­
(a) if they have paid for admission to a place of which that place forms part; 
or 
(b) if goods or services are supplied at that place (or a place of which it forms 
part}-
(i) at prices which are substantially attributable to the facilities afforded 
for seeing or hearing the broadcast or programme, or 
(ii) at prices exceeding those usually charged there and which are partly 
attributable to those facilities. 
(3) The following shall not be regarded as having paid for admission toa 
place-
(a) persons admitted as residents or inmates of the place; 
(b) persons admitted as members of a club or society where the payment is 
only for membership of the club or society and the provision offacilities 
for seeing or hearing broadcasts or programmes is only incidental to the 
main purposes of the club or society. 
(4) Where the making of the broadcast or inclusion of the programme in a 
cable programme service was an infringement of the rights conferred by Part 11 
in relation to a performance or recording, the fact that it was heard or seen in 
public by the reception of the broadcast or programme shall be taken into 
account in assessing the damages for that infringement. 
(5) Expressions used in this paragraph have the same meaning as in section 72. 
Reception and re-transmission of broadcast in cable programme service 
19.-( 1) This paragraph applies where a broadcast made from a place in the 
United Kingdom is, by reception and immediate re-transmission, included in a 
cable programme service. IP/NIlIGBRlCI 1 
Page 182 
SCH.2 
1984 c. 46. 
Section 272. 
1949 c. 88. c.48 Copyright, Designs and Patents Act 1988 
(2) The rights conferred by Part JI in relation to a performance or recording 
included in the broadcast are not infringed-
(a) if the inclusion of the broadcast in the cable programme service is in 
pursuance of a requirement imposed under section 13( I) 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. 
(3) Expressions used in this paragraph have the same meaning as in section 73. 
Provision of sub-titled copies of broadcast or cable programme 
20.-(1) A designat.!d b')dy may, fer the purpose of providing people who are 
deaf or hard of hearing, 0r physically or mentally handicapped in other ways, 
with copies whi~h are sub-titied or ctherwise modified for their special needs, 
make recordings of television broadcasts or cable programmes without 
infringing any rignt conferred by Part. n in relation to a performance or recording 
included in the broadcast or cable programme. 
(2) In this paragraph "designated body" means a body designated for the 
purpcses of section 74 and other expressions used in thi;; paragraph have the 
same meaning as in that section. 
Recording of broadcast or cable programme for archival purposes 
21.-(1) A recording ofa broadcast or cable programme ofa designated class, 
or a copy of such a recording, may be made for the purpose of being placed in 
an archive maintained by a designated body without thereby infringing any right 
conferred by Part II in relation to a performance or recording included in the 
broadcast or cable programme. 
(2) In this paragraph "designated class" and "designated body"' means a class 
or body designated for the purposes of section 75 and other expressions used in 
this paragraph have the same meaning as in that section. 
SCHEDULE 3 
REGISTERED DESIGNS: MINOR AND CONSEQUENTIAL AMENDMENTS OF 1949 ACT 
Section 3: proceedings for registration 
I. In section 3 of the Registered Designs Act 1949 (proceedings for 
registration) for subsections (2) to (6) substitute-
"(2) An application for the registration of a design in which design right 
subsists shall not be entertained unless made by the person claiming to be 
the design right owner. 
(3) For the purpose of deciding whether a desig,n is new, the registrar may 
make such se:uchts, if any, as he thinks fit. 
(4) The registrar may, in such cases as may be prescribed, direct that for 
the purpose of deciding whether a design is new an application shall be 
treated as made on a date earlier or later than that on which it was in fact 
made. IP/NIlIGBRlCI 1 
Page 183 
Copyright. Designs and Palents Act /988 c.48 
(5) The registrar may refuse an application for the registration of a design 
or may register the design in pursuance of the application subject to such 
modifications, if any, as he thinks fit; and a design when registered shall be 
registered as of the date on which the application was made or is treated as 
having been made. 
(6) An application which, owing to any default or neglect on the part of 
the applicant, has not been completed so as to enable registration to be 
effected within such time as may be prescribed shall be deemed to be 
abandoned. 
(7) An a ppeallies from any decision of the registrar under this section.". 
Section 4: registration of same design in respect of other articles, etc. SeH.3 
2. In section 4 of the Registered Designs Act 1949 (registration of same design 1949 c. 88. 
in respect of other articles, etc.), in subsection (I), for the proviso substitute-
"Provided that the right in a design registered by virtue of i.hissection 
shall not extend beyond the end of the period, and any extenced period, for 
which the right subsists in the original registered design.". 
Section 5: provisions for secrecy of certain designs 
3.--( I) Section 5 of the Registered Designs Act 1949 is amended as follows. 
(2) For Ha competent authority" or "the competent authority", wherever 
occurring, substitute "the Secretary of State"; and in subsection (3)(c) for "that 
authority" substitute "he". 
(3) For subsection (2) substitute-
"(2) The Secretary of State shall by rules make provision for securing that 
where such directions are given-
(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." 
(4) In subsection (3)(b) after "representation or specimen of the design" insert 
", or any such evidence as is mentioned in subsection (2)(b) above,". 
(5) Omit subsection (5). 
Section 6: provisions as to confidential disclosure. ete. 
4.--( I) Section 6 of the Registered Designs Act 1949 (provisions as to 
confidential disclosure, etc.) is amended as follows. 
(2) In subsection (2) (display of design at certified exhibition), in paragraph 
Ca) for "certified by the Board of Trade" substitute "certified by the Secretary of 
State" . 
(3) For subsections (4) and (5) (registration of designs corresponding to 
copyright artistic works) substitute-
"(4) Where an application is made by or with the consent of the owner of 
copyright in an artistic work for the registration of a corresponding design, 
the design shall not be treated for the purposes of this Act as being other 
than new by reason only of any use previously made of the artistic work, 
subject to subsection (5). IP/NIlIGBRlCI 1 
Page 184 
SCH.3 
1949 c. 88. c. 48 Copyright. Designs and Patents Act 1988 
(5) Subsection (4) does not apply if the previous use consisted of or 
included the sale, letting for hire or offer or exposure for sale or hire of 
articles to which had been applied industrially-
(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. 
(6) The Secretary of State may make provision by rules as to the 
circumstances in which a design is to be regarded for the purposes of this 
section as 'applied industrially' to articles, or any desc:iption of articles.". 
Section 9: exemption of innocent infringer from liability for damages 
5. In section 9 of the Registered Designs Act 1949 (exemption of innocent 
infringer from liability for damages), in subsections (1) and (2) for "copyright in 
a registered design" substitute "the right in a registered design". 
Section 11: cancellation of registration 
6.--(1) Section 11 of the Registered Designs Act 1949 (cancellation of 
registration) is amended as follows. 
(2) In subsection (2) omit "or original". 
(3) For subsections (2A) and (3) substitute-
"(3) At any time af~er a design has been registered, any person interested 
may apply to the registrar for the cancellation of the registration on the 
ground that-
(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. 
(4) A cancellation l'nder this section takes effect-
(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 
registra tion, 
(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. 
(5) An appeal lies from any order of the registrar under this section.". 
Section 14: registration where application has been made in convention country 
7. In section 14 of the Registered Designs Act 1949 (registration where 
application has been made in convention country), for subsections (2) and (3) 
substitute-
"(2) Where an application for registration of a design is made by virtue of 
this section, the application shall be treated, for the pl'rpose of determining 
whether that or any other design is new, as made on the date of the 
application for protection in the convention country or, if more than one 
such application was made, on the date of the first su:h application. 
(3) Subsection (2) shall not be construed as excluding the power to give 
directions under section 3(4) of this Act in relation to an application made 
by virtue of this section.". IP/N/lIGBRlC/1 
Page 185 
Copyright. Designs and Patents Act 1988 c.48 
Section 15: extension o/time/or application under s.14 in certain cases SeH.3 
8. In section 15( 1) of the Registered Designs Act 1949 (power to make rules 1949 c. 88. 
empowering registrar to extend time for applications under s.14) for "the Board 
of Trade are satisfied" substitute "the Secretary of State is satisfied" and for 
"they" substitute "he". 
Section 16: protection 0/ designs communicated under international agreements 
9. In section 16 of the Registered Designs Act 1949 (protection of designs 
communicated under international agreements}-
(a) in subsection (1) for "the Board of Trade" substitute "the Secretary 
of State", and 
(b) in subsection (3) for "the Board of Trade" substitute "the Secretary 
of State" and for "the Board are satisfied" substitute "the 
Secretary of State is satisfied". 
Section 19: registration of assignments. &c. 
10. In section 19 of the Registered Designs Act 1949 (registration of 
assignments, &c.), after subsection (3) insert-
"(3A) Where design right subsists in a registered design, the registrar shall 
not register an interest under subsection (3) unless he is satisfied that the 
person entitled to that interest is also entitled to a corresponding interest in 
the design right. 
(3B) Where design right subsists in a registered design and the proprietor 
of the registered design is also the design right owner, an assignment of the 
design right shall be taken to be also an assignment of the right in the 
registered design, unless a contrary intention appears.". 
Section 20: rectification 0/ the register 
11. In section 20 of the Registered Designs Act 1949 (rectification of the 
register), after subsection (4) add-
"(5) A rectification of the register under this section has effect as follows­
(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 fonn, 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 
12.-(1) Section 22 of the Registered Designs Act 1949 (inspection of 
registered designs) is amended as follows. 
(2) For subsection (I) substitute-
"( 1) Where a design has been registered under this Act, there shall be open 
to inspection at the Pat~nt Office on and after the day on which the certificate 
of registration is issued-
(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). 
This subsection has effect subject to the following provisions of this 
section and to any rules made under section 5(2) of this Act.". IP/NIlIGBRlCI 1 
Page 186 
SeH.3 
1949 c. 88. c.48 Copyright, Designs and Patents Act 1988 
(3) In subsection (2), subsection (3) (twice) and subsection (4) for 
"representation or specimen of the design" substitute "representation, specimen 
or evidence". 
Section 23: information as to existence of right in registered design 
13. For section 23 of the Registered Desi{;ns Act 1949 (infonnation as to 
existence of right in registered design) substitute-
"Information as 23. On the request of a person furnishing such infonnation as 
to existence of may enable the registrar to identify the design, and on payment 
right in registered of the prescribed fee, the registrar shall infonn him-
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 
14. In section 25 of the Registered Designs Act 1949 (certificate of contested 
validity of registration), in subsection (2) for "the copyright in the registered 
design"substitute "the right in the registered design". 
Section 26: remedy for groundless threats of infringement proceedings 
15.-( I) Section 26 of the Registered Designs Act 1949 (remedy for 
groundless threats of infringement proceedings) is amended as follows. 
(2) In subsections (l) and (2) for "the copyright in a registered design" 
substitute "the right in a registered design". 
(3) After subsection (2) insert-
"(2A) Proceedings may not be brought under this section in respect of a 
threat to bring proceedings for an infringement alleged to consist of the 
making or importing of anything.". 
Section 27: the court 
16. For section 27 of the Registered Designs Act 1949 (the court) substitute-
"The court. 27.-( 1) In this Act 'the court' means-
(a) in England and Wales the High Court or any patents 
county court having jurisdiction by virtue of an order 
under section 287 of the Copyright, Designs and 
Patents Act 1988, 
(b) in Scotland, the Court of Session, and 
(c) in Northern Ireland, the High Court. 
(2) Provision may be made by rules of court with respect to 
proceedings in the High Court in England and Wales for 
references and applications under this Act to be dealt with by 
such judge of that court as the Lord Chancellor may select for 
the purpose.". 
Section 28: the Appeal Tribunal 
17.-( 1) Section 28 of the Registered Designs Act 1949 (the Appeal Tribunal) 
is amended as follows. IP/NI1/GBRlCI 1 
Page 187 
Copyright, Designs and Patents Act /988 
(2) For subsection (2) (members of Tribunal) substitute­
"(2) The Appeal Tribunal shall consist of-c.48 
(a) one or more judges of the High Court nominated by the Lord 
Chancellor, and 
(b) onejudge of the Court of Session nominated by the Lord President 
of that Court. ... 
(3) In subsection (5) (costs), after "costs" (twice) insert "or expenses", and for 
the words from "and any such order" to the end substitute-
"and any such order may be enforced-
(a) in England and Wales or Northern Ireland, in the same way as an 
order of the High Court; 
(b) in Scotland, in the same way as a decree for expenses granted by 
the Court of Session.". 
(4) For subsection (10) (seniority of judges) substitute-
"( 10) In this section 'the High Court' means the High Court in England 
and Wales; and for the purposes of this section the seniority of judges shall 
be reckoned by reference to the dates on which they were appointed judges 
of that court or the Court of Session.". SeH.3 
(5) The amendments to section 28 made by section 10(5) of the Administration 1970 c. 31. 
of Justice Act 1970 (power to make rules as to right of audience) shall be deemed 
always to have extended to Northern Ireland. 
Section 29: exercise of discretionary powers of registrar 
18. In section 29 of the Registered Designs Act 1949 (exercise of discretionary 1949 c. 88. 
powers of registrar) for "the registrar shall give" substitute "rules made by the 
Secretary of State under this Act shall require the registrar to give". 
Section 30: costs and security for costs 
19. For section 30 of the Registered Designs Act 1949 (costs and security for 
costs) substitute-
"Costs and 30.-{ 1) Rules made by the Secretary of State under this Act 
security for costs. may make provision empowering the registrar, in any 
proceedings before him under this Act-
(a) to award any party such costs as he may consider 
reasonable, and 
(b) to direct how and by what parties they are to be paid. 
(2) Any such order of the registrar may be enforced-
(a) in England and Wales or Northern Ireland, in the same 
way as an order of the High Court; 
(b) in Scotland, in the same way as a decree for expenses 
granted by the Court of Session. 
(3) Rules made by the Secretary of State under this Act may 
make provision empowering the registrar to require a person, in 
such cases as may be prescribed, to give security for the costs 
of-
(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 IP/NIlIGBRlCI 1 
Page 188 
SCH.3 
1949 c. 88. c.48 Copyright, Designs and Patents Act 1988 
( 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: evide'1ce beJore r.:?~istrnr 
20. For section 31 of the Registered Designs Act 1949 (evidence before 
registrar) substitute-
"Evidence before 31. Rules made by the Secretary of State under this Act may 
registrar. make provision-
(a) as to the giving of evidence in proceedings before the 
registrar under this Act by affidavit or statutory 
declaration; 
(b) conferring on the registrar the powers of an official 
referee of the Supreme Court as regards the 
examination of witnesses on oath and the discovery 
and production of documents; and 
(c) applying in relation to the attendance of witnesses in 
proceedings before the registrar the rules applicable to 
the attendance of witnesses in proceedings before 
such a referee.". 
Section 32: power oJ registrar to reJuse to deal with certain agents 
21. Section 31 of the Registered Designs Act 1949 (power of registrar to refuse 
to deal with certain agents) is repealed. 
Section 33: offences under s.5 (secrecy oJ certain designs) 
22.-{1) Section 33 of the Registered Designs Act 1949 (offences under s.5 
(secrecy of certain designs» is amended as follows. 
(2) In subsection (1), for paragraphs (a) and (b) substitute-
"(a) on conviction on indictment to imprisonment for a term not 
exceeding two years or a fine, or both; 
(b) on s'Jmmary conviction to imprisonment for a term not exceeding 
six months or a fine not exceeding the statutory maximum, or 
both.". 
(3) Omit subsection (2). 
(4) The above amendments do not apply in relation to offences committed 
before the commencement of Part IV. 
Section 34: falsification oJ register. &c. 
23.-{ 1) In section 34 of the Registered Designs Act 1949 (falsification of 
register, &c.) for "shall be guilty of a misdemeanour" substitute-
"shall be guilty of an off~nce and liable-
(a) on conviction on indictment to imprisonment for a term not 
exceeding two years or ~ fine, or both; 
(b) on summar;' conviction to imprisonment for a term not exceeding 
six months or a fine not exceeding the statutory maximum, or 
both.". 
(2) The above amendment does not apply in relation to offences committed 
before the commencement of Part IV. Copyright, Designs and Patents Act /988 IP/N/lIGBRlC/1 
Page 189 
c.48 
Section 35: fine for falsely representing a design as registered SCH. 3 
24.-{1) Section 35 of the Registered Designs Act 1949 (fine for falsely 1949 c. 88. 
representing a design as registered) is amended as follows. 
(2) In subsection (1) for the words from "a fine not exceeding £50" substitute 
"a fine not exceeding level 3 on the standard scale". 
(3) In subsection (2}-
(a) for "the copyright in a registered design" substitute "the right in a 
registered design"; 
(b) for "subsisting copyright in the design" substitute "subsisting right 
in the design under this Act"; and 
(c) for the words from "a fine" to the end substitute "a fine not 
exceeding level 1 on the standard scale". 
(4) The amendment in sub-paragraph (2) does not apply in relation to offences 
committed before the commencement of Part IV. 
Section 35A: offence by body corporate -liability of officers 
25.-{1) In the Registered Designs Act 1949 after section 35 insert-
"Offence by body 
corporate: 
liability of 
officers. 35A.-{I) Where an offence under this Act committed by a 
body corporate is proved to have been committed with the 
consent or connivance of a director, manager, secretary or 
other similar officer of the body, or a person purporting to act 
in any such capacity, he as well as the body corporate is guilty 
of the offence and liable to be proceeded against and punished 
accordingly. 
(2) In relation to a body corporate whose affairs are 
managed by its members "director" means a member of the 
body corporate.". 
(2) The above amendment does not apply in relation to offences committed 
before the commencement of Part IV. 
Section 36: general power to make rules, &c. 
26.-{ I) Section 36 of the Registered Designs Act 1949 (general power to 
make rules, &c.) is amended as follows. 
(2) In subsection (1) for "the Board of Trade" and "the Board" substitute 
"the Secretary of State", and for "as they think expedient" substitute "as he 
thinks expedient". 
(3) For the words in subsection (1) from "and in particular" to the end 
substitute the following subsections-
"( I A) Rules may, in particular, make provision-
(a) prescribing the form of applications for registration of designs and 
of any representations or specimens of designs or other documents 
which may be filed at the Patent Office, and requiring copies to be 
furnished of any such representations, specimens or documents; 
(b) regulating the procedure to be followed in connection with any 
application or request to the registrar or in connection with any 
proceeding before him, and authorising the rectification of 
irregularities of procedure; 
(c) providing for the appointment of advisers to assist the registrar in 
proceedings before him; 
(d) regulating the keeping of the register of designs; 
(e) authorising the publication and sale of copies of representations of 
designs and other documents in the Patent Office; IP/N/lIGBRlC/1 
Page 190 
SeH. 3 
1949 c. 88. c.48 Copyright, Designs and Patents Act 1988 
(t) prescribing anything authorised or required by this Act to be 
prescribed by rules. 
(1 B) The remuneration of an adviser appointed to assist the registrar 
shall be detennined by the Secretary of State with the consent of the 
Treasury and shall be defrayed out of money provided by Parliament.". 
Section 37: provisions as to rules and Orders 
27.-(1) Section 37 of the Registered Designs Act 1949 (provisions as to rules 
and orders) is amended as follows. 
(2) Omit subsection (n (duty to advertise making of rules). 
(3) In subsections (2), (3) and (4) for "the Board of Trade" substitute "the 
Secretary of State". 
Section 38: proceedings of the Board of Trade 
28. Section 38 of the Registered Designs Act 1949 (proceedings of the Board of 
Trade) is repealed. 
Section 39: hours of business and excluded days 
29. In section 39 of the Registered Designs Act 1949 (hours of business and 
excluded days), in subsection (l) for "the Board of Trade" substitute "the 
Secretary of State". 
Section 40: fees 
30. In section 40 of the Registered Designs Act 1949 (fees) for "the Board of 
Trade" substitute "the Secretary of State". 
Section 44: interpretation 
31.-( 1) In section 44 of the Registered Designs Act 1949 (interpretation), 
subsection (\) is amended as folIows. 
(2) In the definition of "artistic work" for "the Copyright Act 1956" 
subs:itllte "Put I of the Copyright, Designs and Patents Act \988". 
(3) Al the appropriate place insert-
'''author' in relation to a design, has the meaning given by section 2(3) and 
(4);". 
(4) Omit the definition of "copyright". 
(5) In the definition of "corresponding design", for the words from "has the 
same meaning" to the end substitute ", in relation to an artistic work, means a 
design which if applied to an article would produce something which would be 
treated for the purposes of Part I of the Copyright, Designs and Patents Act 1988 
as a copy of that work;". 
(6) For the definition of "court" substitute-
'''the court' shall be construed in accordance with section 27 of this Act;". 
(7) In the definition of "design" for "subsection (3) of section one of this Act" 
substitute "section 1 (I) of this Act". 
(8) At the appropriate plac! insert-
'''employee', 'employment' and 'employer' refer to employment under a 
contract of service or of apprenticeship,". 
(9) Omit the definition of "Journal". IP/N/lIGBRlC/1 
Page 191 
Copyright, Designs and Patents Act 1988 c.48 
(10) In the definition of "prescribed" for "the Board of Trade" substitute "the 
Secretary of State". 
Section 45: application to Scotland SeH.3 
32. In section 45 of the Registered Designs Act 1949 (application to Scotland), 1949 c. 88. 
omit paragraphs (I) and (2). 
Section 46: application to Northern Ireland 
33.--{ I) Section 46 of the Registered Designs Act 1949 (application to 
Northern Ireland) is amended as follows. 
(2) Omit paragraphs (1) and (2). 
(3) For paragraph (3) substitute-
"(3) References to enactments include enactments comprised in Northern 
Ireland legislation:". 
(4) After paragraph (3) insert-
"(3A) References to the Crown include the Crown in right of Her 
Majesty's Government in Northern Ireland:". 
(5) In paragraph (4) for "a department of the Government of Northern 
Ireland" substitute Ha Northern Ireland department", and at the end add "and 
in relation to a Northern Ireland department references to the Treasury shall be 
construed as references to the Department of Finance and Personnel". 
Section 47: application to Isle of Man 
34. For section 47 of the Registered Designs Act 1949 (application to Isle of 
Man) substitute-
"Application to 47. This Act extends to the Isle of Man, subject to any 
Isle of Man. modifications contained in an Order made by Her Majesty in 
Council, and accordingly, subject to any such Order, references 
in this Act to the United Kingdom shall be construed as 
including the Isle of Man. ". 
Section 47 A: territorial waters and the continental shelf 
35. In the Registered Designs Act 1949, after section 47 insert-
"Territorial 
waters and the 
continental shelf. 47A.--(1) For the purposes of this Act the territorial waters 
of the United Kingdom shall be treated as part of the United 
Kingdom. 
(2) This Act applies to things done in the United Kingdom 
sector of the continental shelf on a structure or vessel which is 
present there for purposes directly connected with the 
exploration of the sea bed or subsoil or the exploitation of their 
natural resources as it applies to things done in the United 
Kingdom. 
(3) The United Kingdom sector of the continental shelf 
means the areas designated by order under section 1 (7) of the 
Continental Shelf Act 1964.". 
Section 48: repeals, savings and transitional provisions 
36. In section 48 of the Registered Designs Act 1949 (repeals, savings and 
transitional provisions), omit subsection (I) (repeals). IP/N/1/GBRlC/I 
Page 192 
SeH.3 
1949 c. 88. 
Section 273. c.48 Copyright. Designs and Patents Act 1988 
Schedule 1: provisions as to Crown use of registered designs 
37.-(1) The First Schedule to the Registered Designs Act 1949 (provisions as 
to Crown use of registered designs) is amended as follows. 
(2) In paragraph 2(1) after "copyright" insert "or design right". 
(3) In paragraph 3(1) omit "in such manner as may be prescribed by rules of 
court". 
(4) In paragraph 4(2) (definition of "period of emergency") for the words 
from "the period ending" to "any other period" substitute "a period". 
(5) For paragraph 4(3) substitute-
"(3) No Order in Council under this paragraph shall be submitted to Her 
Majesty unless a draft of it has been laid before and approved by a resolution 
of each House of Parliament.". 
Schedule 2: enactments repealed 
38. Schedule 2 to the Registered Designs Act 1949 (enactments repealed) is 
repealed. 
Section 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
8A. 
8B. 
9. 
ID. 
11. 
IIA. 
liB. 
12. SCHEDULE 4 
THE REGISTERED DESIGNS ACT 1949 AS AMENDED 
ARRANGEMENT OF SECTIONS 
Registrable designs and proceedings for registration 
Designs registrable under Act. 
Proprietorship of designs. 
Proceedings for registration. 
Registration of same design in respect of other articles. 
Provision for secrecy of certain designs. 
Provisions as to confidential disclosure, &c. 
Effect of registration. &c. 
Right given by registration. 
Duration of right in registered design. 
Restoration of lapsed right in design. 
Effect of order for restoration of right. 
Exemption of innocent infringer from liability for damages. 
Compulsory licence in respect of registered design. 
Cancellation of registration. 
Powers exercisable for protection of the public interest. 
Undertaking to take licence of right in infringement proceedings. 
Use for services of the Crown. 
International arrangements 
13. Orders in Council as to convention countries. 
14. Registration of design where application for protection in convention 
country has been made. 
15. Extension of time for applications under s.14 in certain cases. 
16. Protection of designs communicated under international agreements. 
Register of designs. &c. 
17. Register of designs. 
18. Certificate of regiStration. 
19. Registration of assignments, &c. 
20. Rectification of register. IP/N/lIGBRlC/1 
Page 193 
Copyright. Designs and Patents Act 1988 
Section 
21. Power to correct clerical errors. 
'22. Inspection of registered designs. 
23. Information as to existence of right in registered design. 
24. 
Legal proceedings and appeals 
25. Certificate of contested validity of registration. 
26. Remedy for groundless threats of infringement proceedings. 
27. The court. 
28. The Appeal Tribunal. 
Powers and duties of registrar 
29. Exercise of discretionary powers of registrar. 
30. Costs and security for costs. 
31. Evidence before registrar. 
32. 
33. Offences under s.5. 
34. Falsification of register, &c. 
35. Fine for falsely representing a design as registered. 
35A. Offence by body corporate: liability of officers. 
Rules, &c. 
36. General power of Secretary of State to make rules, &c. 
37. Provisions as to rules and Orders. 
38. 
Supplemental 
39. Hours of business and excluded days. 
40. Fees. 
41. Service of notices, &c., by post. 
42. Annual report of registrar. 
43. Savings. 
44. Interpretation. 
45. Application to Scotland. 
46. Application to Northern Ireland. 
47. Application to Isle of Man. 
47 A. Territorial waters and the continental shelf. 
48. Repeals, savings and transitional provisions. 
49. Short title and commencement. 
SCHEDULES: c.4B 
Sched ule I-Provisions as to the use of registered designs for the services 
of the Crown and as to rights of third parties in respect of 
such use. 
Schedule 2--... 
An Act to consolidate certain enactments relating to registered designs. 
Designs 
registrable under 
Act. [16th December 1949] 
Regis/rable designs and proceedings for regis/ration 
I.-{l) In this Act "design" means features of shape, 
configuration, pattern or ornament applied to an article by any 
industrial process, being features which in the finished article 
appeal to and are judged by the eye, but does not include-
(a) a method or principle of construction, or 
G ScH.4 IP/NIlIGBRlCI 1 
Page 194 
SCH.4 c.48 
Proprietorship of 
designs. Copyright, Designs and Patents Act 1988 
(b) features of shape or configuration of an article which­
(i) are dictated solely by tr function which the 
article has to perform, or 
(ii) are dependent upon the appearance of 
another article of which the article is intended by 
the author of the design to fonn an integral part. 
(2) A design which is new may, upon application by the 
person claiming to be the proprietor, be registered under this 
Act in respect of any article, or set of articles, specified in the 
application. 
(3) A design shall not be registered in respect of an article if 
the appearance of the article is not material, that is, if aesthetic 
considerations are not normally taken into account to a 
material extent by persons acquiring or using articles of that 
description, and would not be so taken into account if the 
design were to be applied to the article. 
(4) A design shall not be regarded as new for the purposes of 
this Act if it is the same as a d,!sign-
(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 ifit 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. 
(5) The Secretary of State may by rules provide for excluding 
from registration under this Act designs for such articles of a 
primarily 1; terary or artistic character as the Secretary of State 
thinks fit. 
2.-( I) The author of a design shall be treated for the 
purposes of this Act as the original proprietor of the design. 
subject to the following provisions .. 
(1 A) Where a design is created in pursuance of a commissIOn 
for money or money's worth, the person commissioning the 
design shall be treated as the original proprietor of the design. 
(1B) Where, in a case not falling within subsection (lA). a 
design is created by an employee in the course of his 
employment, his employer shall be treated as the original 
proprietor of the design. 
(2) Where a design, or the right to apply a design to any 
article, becomes vested. whether by assignment, transmission 
or operatio!1 of law, in any person other than the original 
proprietor. tither alone or jointly with the original proprietor, 
that other person, or as the case may be the original proprietor 
and that other person. shall be treated for the purposes of this 
Act as the proprietor Qf the design or as the proprietor of the 
design in relation to that article. 
(3) In this Act the "author" of a design means the person 
who creates it. Proceedings for 
registration. 
Registration of 
same design in 
respect of other 
articles. etc. IP/N/lIGBRlC/1 
Page 195 
Copyright, Designs and Patents Act 1988 c.48 
(4) In the case of a design generated by computer in 
circumstances such that there is no human author, the person 
by whom the arran~ements necessary for the creation of the 
design are made shall be taken to be the author. 
3.-( J) An application for the registration of a design shall 
be made in the prescribed form and shall be filed at the Patent 
Office in the prescribed manner. 
(2) An application for the registration of a design in which 
design right subsists shall not be entertained unless made by the 
person claiming to be the design right owner. 
(3) For the purpose of deciding whether a design is new, the 
registrar may make such searches. if any. as he thinks fit. 
(4) The registrar may, in such cases as may be prescribed, 
direct that for the purpose of deciding whether a design is new 
an application shall be treated as made on a date earlier or later 
than that on which it was in fact made. 
(5) The registrar may refuse an application for the 
registration of a design or may register the design in pursuance 
of the application subject to such modifications, if any. as he 
thinks fit: and a design when registered shall be registered as of 
the date on which the application was made or is treated as 
having been made. 
(6) An application which. owing to any default or neglect on 
the part of the applicant. has not been completed so as to enable 
registration to be effected within such time as may be prescribed 
shall be deemed to be abandoned. 
(7) An appeal lies from any decision of the registrar under 
this section. 
4.-( 1) Where the registered proprietor of a design 
registered in respect of any article makes an application-
(a) for registra tion 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: 
Provided that the right in a design registered by virtue of this 
section shall not extend beyond the end of the period, and any 
extended period, for which the right subsists in the original 
registered design. 
(2) Where any person makes an application for the 
registration of a design in respect of any article and cither-
(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 SCH.4 IP/N/lIGBRlC/1 
Page 196 
SCH.4 c.48 
Provisions for 
secrecy of certain 
designs. Copyright, Designs and Patents Act 1988 
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 rr.aking the application the 
applicant had been the registered proprietor of that design. 
5.-{1) Where, either before or after the commencement of 
this Act, an application for the registration of a design has been 
made, and it appears to the registrar th::t th~ desigr. is onc of 
a class notified to him by the Secretary (,f St:tte as rel.::vant for 
defence purposes, he may give directions for prohibiting or 
restricting the publication of infonnation with respect to the 
design, or the communication of such infonnation to any 
person or class of persons specified in the directions. 
(2) The Secretary of State shall by rules make provision for 
securing that where such directions are given-
(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 inspecti0r. at rh,: Patrl1t Office during 
the continuance in force of tl:e c'ircct!on~ 
(3) Where the registrar gives any such directions as 
aforesaid, he shall give notice of the application and of the 
directions to the Secretary of State, and thereupon the 
following provisions shall have effect, that is to say:-
(a) the Secretary of State shall, upon receipt of such 
notice, consider whether the publication of the design 
would be prejudicial to the defence of the realm and 
unless a notice under paragraph (c) of this subsection 
has previously been given by that authority to the 
registrar, shall reconsider that question before the 
expiration of nine months from the date offiling of the 
application for registration of the design and at least 
once in every subsequent year; 
(b) for the purpose aforesaid, the Secretary of State may, 
at any time after the design has been registered or, 
with the consent of the applicant, at any time before 
the design has been registered, inspect the 
representation or specimen of the design, or any such 
evidence as is mentioned in subsection (2)(b) above, 
filed in pursuance of the application; 
(c) if upon consideration of the design at any time it 
appears to the Secretary of State that the publication 
of the design would not, or would no longer, be 
prejudicial to the defence of the realm, he shall give 
notice to the registrar to that effect; 
(d) on the receipt of any such notice the registrar shall 
revcke the directions and may, subject to such 
conditions, if any, as he thinks fit, extend the time for 
doing anything required or authorised to be done by 
or under this Act in connection with the application or 
registration, whether or not that time has previously 
expired. Provisions as to 
. confidential 
disclosure, etc. IP/N/lIGBRlC/1 
Page 197 
Copyright. Designs and Patents Act 1988 c.48 
(4) No person resident in the United Kingdom shall, except 
under the authority of a written pennit granted by or on behalf 
of the registrar, make or cause to be made any application 
outside the United Kingdom for the registration of a design of 
any class prescribed for the purposes of this subsection unless-
(a) an application for registration of the same design has 
been made in the United Kingdom not less than six 
weeks before the application outside the United 
Kingdom; and 
(b) either no directions have been given under subsection 
(I) of this section in relation to the application in the 
United Kingdom or all such directions have been 
revoked: 
Provided that this subsection shall not apply in relation to a 
design for which an application for protection has first been 
filed in a country outside the United Kingdom by a person 
resident outside the United Kingdom. 
6.-(1) An application for the registration of a design shall 
not be refused, and the registration of a design shall not be 
invalidated, by reason only of-
(a) the disclosure of the design by the proprietor to any 
other person in such circumstances as would make it 
contrary to good faith for that other person to use or 
publish the design; 
(b) the disclosure of the design in breach of good faith by 
any person other than the proprietor of the design; or 
(c) in the case of a new or original textile design intended 
for registration, the acceptance of a first and 
confidential order for goods bearing the design. 
(2) An application for the registration of a design shall not 
be refused and the registration of a design shall not be 
invalidated by reason only-
(a) that a representation of the design, or any article to 
which the design has been applied, has been displayed, 
with the consent of the proprietor of the design, at an 
exhibition certified by the Secretary of State for the 
purposes of this subsection; 
(b) that after any such display as aforesaid, and during the 
period of the exhibition, a representation of the design 
or any such article as aforesaid has been displayed by 
any person without the consent of the proprietor; or 
(c) that a representation of the design has been published 
in consequence of any such display as is mentioned in 
paragraph (a) of this subsection, 
if the application for registration of the design is made not later 
than six months after the opening of the exhibition. 
(3) An application for the registration of a design shall not 
be refused, and the registration of a design shall not be 
invalidated, by reason only of the communication of the design 
by the proprietor thereof to a government department or to any 
person authorised by a government department to consider the 
merits of the design, or of anything done in consequence of such 
a communication. SCH.4 IP/N/l/GBRlC/l 
Page 198 
SCH.4 c. 48 
Right given by 
registration CopyrighT. Designs and PaTents Act 1988 
(4) Where an application is made by or with the consent of 
the owner of copyright in an artistic work for the registration of 
a corresponding design. the design shall not be treated for the 
purposes of this Act as being other than new by reason only of 
any use previously made of the artistic work, subject to 
subsection (5). 
(5) Subsection (4) does not apply if the previous use 
consisted of or included the sale, letting for hire or offer or 
exposure for sale or hire of articles to which had been applied 
industrially-
(a) the design in question, or 
(b) a design differing from it only in imm:iterial 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. 
t6) The Secretary of State may make provision by rules as to 
the c rcumstances in which a design is to be regarded for the 
purposes of this section as "applied industrially" to articles, or 
any description of articles. 
Effect ofreglstratiun. &c. 
7.-( I) The registration of a desigr under this Act gives the 
registered proprietor the exclusive right-
(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 ()r a design not substantially different from it 
has been applied. 
(2) The right in the registered design is infringed by a person 
who without the licence of the rer,istered proprietor does 
anything which by virtue of :;ubsectlo'1 (1) is the exclusive right 
of the proprietor. 
(3) The right in the registered design is also infringed by a 
person who, without the licence of the registered proprietor 
makes anything for enabling any such article to be made, in the 
United Kingdom or elsewhere, as mentioned in subsection (1). 
(4) The right in the registered design is also infringed by a 
person who without the licence of the registered proprietor-
(a) does anything in relation to a kit that would be an 
infringement if done in relation to the assembled 
article (sec subsection (1 », or 
(b) makes anything for enabling a kit to be made or 
assembled, in the United Kingdom or elsewhere, if the 
assemble(~ article would x wch an article as is 
mentioned in subsection (I); 
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. 
Restoration of 
lapsed right in 
design. IP/NIlIGBRlCI 1 
Page 199 
Copyright, Designs and Patents Act 1988 c.48 
(5) No proceedings shall be taken in respect of an 
infringement committed before the date on which the certificate 
of registration of the design under this Act is granted. 
(6) The right in a registered design is not infringed by the 
reproduction of a feature of the design which, by virtue of 
section I (l)(b), is left out of account in determining whether the 
design is registrable. 
8.-(1) The right in a registered design subsists in the first 
instance for a period of five years from the date of the 
registration of the design. 
(2) The period for which the right subsists may be extended 
for a second, third, fourth and fifth period of five years, by 
applying to the registrar for an extension and paying the 
prescribed renewal fee. 
(3) If the first, second, third or fourth period ,.!xpires without 
such application and payment being made, the right shall cease 
to have effect; and the registrar shall, in accordance with rules 
made by the Secretary of State, notify the propli-;tur of that 
fact. 
(4) If during the period of six months immediately following 
the end of that period an application for extensioll is made and 
the prescribed renewal fee and any prescribed additional fee is 
paid, the right shall be treated as ifit had never expired, with the 
result that-
(a) anything done under or in relation to the right during 
that further period shall be treated as valid, 
(b) an act which would have constituted an infringement 
of the right if it had not expired shall be treated as an 
infringement, and 
(c) an act which would have constituted use of the design 
for the services of the Crown if the right had not 
expired shall be treated as such use. 
(5) Where it is shown that a 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. 
(6) The above provisions have effect subject to the proviso to 
section 4( I) (registration of same design in respect of other 
articles, &c.). 
8A.-{ I) Where the right in a registered design has expired 
by reason of a failure to extend, in accordance with section 8(2) 
or (4), the period for which the right subsists, an application for 
the restoration of the right in the design may be made to the 
registrar within the prescribed period. SCH.4 IP/N/lIGBRlC/l 
Page 200 
SCH.4 c.48 
Effec.t of order for 
restoration of 
right. Copyright, Designs and Patents Act 1988 
(2) The application may be made by the person who was the 
registered proprietor of the design or by any other person who 
would have been entitled to the right in the design if it had not 
expired; and where the design was held by two or more persons 
jointly, the application may, with the leave of the registrar, be 
made by one or more of them without joining the others. 
(3) Nctice of the application shall be published by the 
registrar in the prescribed manner. 
(4) If the registrar is satisfied that the proprietor took 
reasonable care to see that the period for which the right 
subsisted was extended in accordance with section 8(2) or (4), he 
shall, on p(lyment of any ·mpaid renewal fee and any prescribed 
additional fee, order the restoration of the right in the design. 
(5) The order may be made subject to such conditions as the 
registrar thinks fit, and if the proprietor of the design does not 
comply with any condition the registrar may revoke the order 
and give such consequential directions as he thinks fit. 
(6) Rules altering the period prescribed for the purposes of 
subsection (l) may contain such transitional provisions and 
savings as appear to the Secretary of State to be necessary or 
expedient. 
88.-(1) The effect of an order under section 8A for the 
restoration of the right in a registered c1esign is as follows. 
(2) Anything done under or in relati(\n to the right during the 
period between expiry and restoration shall be treated as valid. 
(3) Anything done during that period which would have 
constituted an infringement if the right had not expired shall be 
treated as an infringement-
(a) if done at a time when it was possible for an application 
for extension to be made under section 8(4); or 
(b) if it was a continuation or repetition of an earlier 
infringing act. 
(4) If after it was no longer possible for such an application 
fOl·extension to be made, and before publication of notice of the 
apvlication for restoration, a person-
(a) began in good faith to do an act which would have 
::onstituted an infringement of the right in the design 
i!" 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. 
(5) If the act was done, or the preparations were made, in the 
course of a business, the person entitled to the right conferred 
by subsection (4) may-
(a) authorise the doing of that act by any partners of his 
for the time be!i1g in that business, and 
(b) assign that right, or transmit it on death (or in the case 
of a body corporate on its dissolution), to any person 
who acquires that part of the business in the course of 
which the act was done or the preparations were 
made. Exemption of 
innocent 
infringer from 
liability for 
damages. 
Compulsory 
licence in respect 
of registered 
design. 
Cancellation of 
registration. Copyright, Designs and Patents Act 1988 IP/NIlIGBRlCI 1 
Page 201 
c.48 
(6) Where an article is disposed of to another in exercise of . SeH. 4 
the rights conferred by subsection (4) or subsection (5), that 
other and any person claiming through him may deal with the 
article in the same way as if it had been disposed of by the 
registered proprietor of the design. 
(7) The above provisions apply in relation to the use of a 
registered design for the services of the Crown as they apply in 
relation to infringement of the right in the design. 
9.-(1) In proceedings for the infringement of the right in a 
registered design damages shall not be awarded against a 
defendant who proves that at the date of the infringement he 
was not aware, and had no reasonable ground for supposing, 
that the design was registered; and a person shall not be deemed 
to have been aware or to have had reasonable grounds for 
supposing as aforesaid by reason only of the marking of an 
article with the word "registered" or any abbreviation thereof, 
or any word or words expressing or implying that the design 
applied to the article has been registered, unless the number of 
the design accompanied the word or words or the abbreviation 
in question. 
(2) Nothing in this section shall affect the power of the court 
to grant an injunction in any proceedings for infringement of 
the right in a registered design. 
10.-(1) At any time after a design has been registered any 
person interested may apply to the registrar for the grant of a 
compulsory licence in respect of the design on the ground that 
the design is not applied in the United Kingdom by any 
industrial process or means to the article in respect of which it 
is registered to such an extent as is reasonable in the 
circumstances of the case; and the registrar may make such 
order on the application as he thinks fit. 
(2) An order for the grant of a licence shall, without 
prejudice to any other method of enforcement, have effect as if 
it were a deed executed by the registered proprietor and all other 
necessary parties, granting a licence in accordance with the 
order. 
(3) No order shall be made under this section which would 
be at variance with any treaty, convention, arrangement or 
engagement applying to the United Kingdom and any 
convention country. 
(4) An appeal shall lie from any order of the registrar under 
this section. 
11.-(1) The registrar may, upon a request made in the 
prescribed manner by the registered proprietor, cancel the 
registration of a design. 
(2) At any time after a design has been registered any person 
interested may apply to the registrar for the cancellation of the 
registration of the design on the ground that the design was not, 
at the date of the registration thereof, new ... , or on any other 
ground on which the registrar could have refused to register the 
design; and the registrar may make such order on the 
application as he thinks fit. IP/N/lIGBRlC/l 
Page 202 
SCH.4 c.48 
Powers 
exercisable for 
protection of the 
public interest. Copyright. Designs and Patents Act 1988 
(3) At any time after a design has been registered, any person 
interested may apply to the registrar for the cancellation of the 
registration on the ground that-
(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. 
(4) A cancellation under this section takes effect-
(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. 
(5) An appeal lies from any order of the registrar under this 
section. 
11 A.-( 1) Where a report of the Monopolies and Mergers 
Commission has been laid before Parliament containing 
conclusions to the effect-
(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 treated 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! aga:nst 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 agamst 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. 
(2) Before making an application the appropriate Ministeror 
Ministers shall publish, in such manner as he or they think 
appropriate, a notice describing the nature of the proposed 
application and shall consider any ;-epresentations which may 
be made within 30 days of such publication by persons whose 
interests appear to him or them to be affected. 
(3) If on an applicaticn under this section it appears to the 
registrar that the matt~rs specified in the Commission's report 
as being those which in the Commission's opinion operate, or 
operated or may be expected to operate, against the public 
interest include-IP/NIlIGBRlCI 1 
Page 203 
Undertaking to 
take licence of 
right in 
infringement 
proceedings. Copyright, Designs and Patents Act 1988 c.48 
(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. 
(4) The terms of a licence available by virtue of this section 
shall, in default of agreement, be settled by the registrar on an 
application by the person requiring the licence; and terms so 
settled shall authorise the licensee to do everything which would 
be an infringement of the right in the registered design in the 
absence of a licence. 
(5) Where the terms of a licence are settled by the registrar, 
the licence has effect from the date on which the application to 
him was made. 
(6) An appeal lies from any order of the registrar under this 
section. 
(7) In this section "the appropriate Minister or Ministers" 
means the Minister or Ministers to whom the report of the 
Monopolies and Mergers Commission was made. 
II B.-( I) If in proceedings for infringement of the right in a 
registered design in respect of which a licence is available as of 
right under section II A of this Act the defendant undertakes to 
take a licence on such terms as may be agreed or, in default of 
agreement, settled by the registrar under that section-
(a) no injunction shall be granted against him, and 
(b) the amount recoverable against him by way of damages 
or on an account of profits shall not exceed double the 
amount which would have been payable by him as 
licensee if such a licence on those terms had been 
granted before the earliest infringement. 
(2) An undertaking may be given at any time before final 
order in the proceedings, without any admission of liability. 
(3) Nothing in this section affects the remedies available in 
respect of an infringement committed before licences of right 
were available. 
Use for services 12. The provisions of the First Schedule to this Act shall have 
of the Crown. effect with respect to the use of registered designs for the 
services of the Crown and the rights of third parties in respect 
of such use. 
Orders in Council 
as to convention 
countries. International Arrangements 
13.-{J) His Majesty may, with a view to the fulfilment of a 
treaty, convention, arrangement or engagement, by Order in 
Council declare that any country specified in the Order is a 
convention country for the purposes of this Act: SCH.4 IP IN I lIGBRlCI 1 
Page 204 
ScH.4 c.48 
Registration of 
design where 
application for 
protection in 
convention 
country has been 
made. 
Extension of time 
for applications 
under s.14 in 
certain cases. Copyright, Designs and Patents Act 1988 
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. 
(2) His Majesty may by Order in Council direct that any of 
the Channel Islands, any colony, ... shall be deemed to be a 
convention country for the purposes of all or any of the 
provisions of this Act; and an Order made under this subsection 
may direct that any such provisions shall have effect, in relation 
to the territory in question, subject to such conditions or 
limitatior_s, if any, as mlly be spf,cified in the Order. 
(3) For the purposes of subsection (I) of this section, every 
colony, protectorate, territory subject to the authority or under 
the suzerainty of another country, and territory administered 
by another country ... under the trusteeship system of the 
United Nations, shall be deemed to be a country in the case of 
which a declaration may be made under that subsection. 
14.-(1) An application for registration of a design in 
respect ofw~1ich protection has been applit.;d for in a convention 
country may be made in accordanc(' w:th the: provi;)ions of this 
Act by the person by whom the appli~ation for pntection was 
made or his personal Iepresentative or assignee: 
Provided that no application shall be made by virtue of this 
section after the expiration of six months I"rom 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. 
(2) Where an application for registration of a design is made 
by virtue of this section, the application shall be treated, for the 
purpose of detennining whether that or any other design is new, 
as made on the date of the applicLtion for protection in the 
convention country or, if more than one such application was 
made, on the date of the first such aprylication. 
(3) Subsection (2) shall not be cO'1strued as excluding the 
power to give directions under section 3(4) of this Act in 
relation to an application made by virtue of this section. 
(4) Where a person has applied for protection for a design by 
an application which-
(a) in accordance with the terms of a treaty subsisting 
between two or more convention countries, is 
equivalent to an application duly made in anyone of 
those convent.ion countries; or 
(b) ill 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 conventio'1 country. 
15.---{I) If the Secretary of State is ~Gtis~ed tr.at provision 
substantially equivalent to the provision :0 Ix made by or under 
this section has been or will be made ur.der the law of any 
convention country, he may make ruks empowering the 
registrar to extend the time for making application under 
subsection (1) of section 14 of this Act for registration of a Protection of 
designs 
communicated 
under 
international 
agreements. IP IN I lIGBRlCI 1 
Page 205 
Copyright, Designs and Patents Act 1988 c.48 
design in respect of which protection has been applied for in 
that country in any case where the period specified in the 
proviso to that subsection expires during a period prescribed by 
the rules. 
(2) Rules made under this section-
(a) may, where any agreement or arrangement has been 
made between His Majesty's Government in the 
United Kingdom and the government of the 
convention country for the supply or mutual 
exchange of information or articles, provide, either 
generally or in any class of case specified in the rules, 
that an extension of time shall not be granted under 
this section unless the design has been communicated 
in accordance with the agreement or arrangement; 
(b) may, either generally or in any class of case specified 
in the rules, fix the maximum extension which may be 
granted under this section; 
(c) may prescribe or allow any special procedure in 
connection with applications made by virtue of this 
section; 
(d) may empower the registrar to extend, in relation to an 
application made by virtue of this section, the time 
limited by or under the foregoing provisions of this 
Act for doing any act, subject to such conditions, if 
any, as may be imposed by or under the rules; 
(e) may provide for securing that the rights conferred by 
registration on an application made by virtue of this 
section shall be subject to such restrictions or 
conditions as may be specified by or under the rules 
and in particular to restrictions and conditions for the 
protection of persons (including persons acting on 
behalf of His Majesty) who, otherwise than as the 
result of a communication made in accordance with 
such an agreement or arrangement as is mentioned in 
paragraph (a) of this subsection, and before the date 
of the application in question or such later date as 
may be allowed by the rules, may have imported or 
made articles to which the design is applied or may 
have made any application for registration of the 
design. 
16.-{ 1) Subject to the prOVISIOns of this section, the 
Secretary of State may make rules for securing that, where a 
design has been communicated in accordance with an 
agreement or arrangement made between His Majesty's 
Government in the United Kingdom and the government of 
any other country for the supply or mutual exchange of 
information or articles,-
(a) an application for the registration of the design made 
by the person from whom the design was 
communicated or his personal representative or 
assignee shall not be prejudiced, and the registration 
of the design in pursuance of such an application shall 
not be invalidated, by reason only that the design has 
been communicated as aforesaid or that in 
consequence thereof-
(i) the design has been published or applied, or SCH.4 IP/NIlIGBRlC/1 
Page 206 
SCH.4 c.48 
Register of 
designs. Copyright, Designs and Patents Act 1988 
(ii) an application for registration of the design 
has been made by any other person, or the design 
has been registered on such an application; 
(b) any application for the registration of a design made 
in consequence of such a communication as aforesaid 
may be refused and any registration of a design made 
on such an application may be cancelled. 
(2) Rules made under subsection (1) of this section may 
provide that the publication or application of a design, or the 
making of any application for registration thereof shall, in such 
circumstances and subject to such conditions or exceptions as 
may be prescribed hy the rules, be presumed to have been in 
consequence of sud. a communication as is mentioned in that 
subsection. 
(3) The powers of the Secretary of State under this section, 
so far as they are exercisable for the benefit of persons from 
whom designs have been communicated to His Majesty's 
Government in the United Kingdom by the government of any 
other country, shall only be exercised if and to the extent that 
the Secretary of State is satisfied that substantially equivalent 
provision has been or \-vill be made under the law of that country 
for the benefit of per,ons from whom designs have been 
communicated by His Majest) 's Government in the United 
Kingdom to the government of that country. 
(4) References in the last foregoing subsection to the 
communication of a design to or by His Majesty's Government 
or the government of any other country shall be construed as 
including references to the communication of the design by or 
to any person authorised in that behalf by the government in 
question. 
Register of designs. ere. 
l7.-{ 1) The regisirar shall maintain the register of designs, 
in which shall be entered-
(a) the names and addresses of proprietors of registered 
designs; 
(b) notices of assignments and of transmissions of 
registered designs; and 
(c) such other matters as may be prescribed or as the 
registrar may think fit. 
(2) No notice of any trust, whether express, implied or 
constructive, shall be entered in the register of designs, and the 
registrar shall not be affected by any such notice. 
(3) The register need not be kept in documentary fonn. 
(4) Subject to the provisions of this Act and to rules made by 
the Secretary of State under it, the public shall have a right to 
inspect the register at the Patent Office at all convenient times. 
(5) Any person who applies for a certified copy of an entry in 
the register or a certified extract from the register shall be 
entitled to obtain such a copy or extract on payment of a fee 
prescribed in relation to certified copi.!s and extracts; and rules 
made by the Secretary of State under this Act may provide that 
any person who applies for an uncertified copy or extract shall 
be entitled to such a copy or extract on payment of a fee 
prescribed in relation to uncertified copies and extracts. Certificate of 
registration. 
Registration of 
assignments. etc. IP/NIlIGBRlCI 1 
Page 207 
Copyright, Designs and Patents Act 1988 c.48 
(6) Applications under subsection (5) above or rules made by 
virtue of that subsection shall be made in such manner as may 
be prescribed. 
(7) In relation to any portion of the register kept otherwise 
than in documentary form-
(a) the right of inspection conferred by subsection (4) 
aboye is a right to inspect the material on the register; 
and 
(b) the right to a copy or extract conferred by subsection 
(5) above or rules is a right to a copy or extract in a 
fonn in which it can be taken away and in which it is 
visible and legible. 
(8) Subject to subsection (11) below, the register shall be 
prima facie evidence of anything required or authorised to be 
entered in it and in Scotland shall be sufficient evidence of any 
such thing. 
(9) A certificate purporting to be signed by the registrar and 
certifying that any entry which he is authorised by or under this 
Act to make has or has not been made, or that any other thing 
which he is so authorised to do has or has not been done, shall 
be prima facie evidence. and in Scotland shall be sufficient 
evidence, of the matters so certified. 
(10) Each of the following-
(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. 
(11) In the application of this section to England and Wales 
nothing in it shall be taken as detracting from section 69 or 70 
of the Police and Criminal Evidence Act 1984 or any provision 
made by virtue of either of them. 
(12) In this section "certified copy" and "certified extract" 
means a copy and extract certified by the registrar and sealed 
with the seal of the Patent Office. 
18.-{ I) The registrar shall grant a certificate of registration 
in the prescribed fonn to the registered proprietor of a design 
when the design is registered. 
(2) The registrar may, in a case where he is satisfied that the 
certificate of registration has been lost or destroyed, or in any 
other case in which he thinks it expedient, furnish one or more 
copies of the certificate. 
19.-(1) Where any person becomes entitled by assignment, 
transmission or operation of law to a registered design or to a 
share in a registered design, or becomes entitled as mortgagee, 
licensee or otherwise to any other interest in a registered design, 
he shall apply to the registrar in the prescribed manner for the 
registration of his title as proprietor or co-proprietor or, as the 
case may be, of notice of his interest, in the register of designs. SCH.4 IP/NIlIGBRlCI 1 
Page 208 
SCH.4 c.48 
Rectification of 
register. Copyright, Designs and Patents Act 1988 
(2) Without prejudice to the provIsIons of the foregoing 
subsection, an application for the registration of the title of any 
person becoming entitled by assignment to a registered design 
or a share in a registered design, or becoming entitled by virtue 
of a mortgage, licence or other instrument to any other interest 
in a registered design, may be made in the prescribed manner by 
the assignor, mortgagor, licensor or other party to that 
instrument, as the case may be. 
(3) Where application is made under this section for the 
registration of the title of any person, the registrar shali, upon 
proof of title to his satisfaction---
(a) where that p:!rson is entitl~d to a registered design or a 
share in a ft'!:;istered design, register him in the register 
of designs as proprietor or co-proprietor of the 
design, and enter in that register particulars of the 
instrument or event by which he derives title; or 
(b) where that person is entitled to any other interest in the 
registered design, enter in that register notice of his 
interest, with particulars of the instrument (if any) 
creating it. 
(3A) Where design right subsists in a registered design, the 
registrar shall not register an interest under subsection (3) 
unless he is satisfied that the person entitled to that interest is 
also entitled to a corresponding interest in the design right. 
(3B) Where design right subsists in a registered design and 
the proprietor of the registered design is also the design right 
owner, an assignment of the design right shall be taken to be 
also an assignment of the right in the registered design, unless a 
contrary intention appears. 
(4) Subject to any rights vested in any other person of which 
notice is entered in the register of designs, the person or persons 
registered as proprietor of a registered design shall ha ve power 
to assign, grant licences under, or otherwise deal with the 
design. and to give effectual receipts for any consideration for 
any such assignment, licence or dealing. 
Provided that any equities in respect of the design may be 
enforced in like manner as in respect of any other personal 
property. 
(5) Except for the purposes of an application to rectify the 
register under the following provisions of this Act, a document 
in respect of which no entry has been made in the register of 
designs under subsection (3) of this section shall not be 
admitted in any court as evidence of the title of any person to a 
registered design or share of or in terest in a registered design 
unless the court otherwise din,cts. 
20.-{1) The court may, 011 the application of any person 
aggrieved, order the register 01 designs to be rectified by the 
mak,ng of any entry therein or the variation or deletion of any 
entry therein. 
(2) In proceedings under this sectivn the court may 
detennine any question which it may be necessary or expedient 
to decide in connection with the rectification of the register. IP/NIlIGBRlCI 1 
Page 209 
Copyright, Designs and Patents Act 1988 c.48 
(3) Notice of any application to the court under this section 
shall be given in the prescribed manner to the registrar, who 
shall be entitled to appear and be heard on the application, and 
shall appear if so directed by the court. 
(4) Any order made by the court under this section shall 
direct that notice of the order shall be served on the registrar in 
the prescribed manner; and the registrar shall, on receipt of the 
notice, rectify the register accordingly. 
(5) A rectification of the register under this section has effect 
as follows-
(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 21.-{ 1) The registrar may, in accordance with the provisions 
clerical errors. of this section, correct any error in an application for the 
registration or in the representation of a design, or any error in 
the register of designs. 
Inspection of 
registered designs. (2) A correction may be made in pursuance of this section 
either upon a request in writing made by any person interested 
and accompanied by the prescribed fee, or without such a 
request. 
(3) Where the registrar proposes to make any such 
correction as aforesaid otherwise than in pursuance ofa request 
made under this section, he shall give notice of the proposal to 
the registered proprietor or the applicant for registration of the 
design, as the case may be, and to any other person who appears 
to him to be concerned, and shall give them an opportunity to 
be heard before making the correction. 
22.-{1) Where a design has been registered under this Act, 
there shall be open to inspection at the Patent Office on and 
after the day on which the certificate of registration is issued-
(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 I (3) of this Act). 
This subsection has effect subject to the following provisions 
of this section and to any rules made under section 5(2) of this 
Act. 
(2) In the case of a design registered in respect of an article 
of any class prescribed for the purposes of this subsection, no 
representation, specimen or evidence filed in pursuance of the 
application shall, until the expiration of such period after the 
day on which the certificate of registration is issued as may be 
prescribed in relation to articles of that class, be open to 
inspection at the Patent Office except by the registered 
proprietor, a person authorised in writing by the registered 
proprietor, or a person authorised by the registrar or by the 
court: SCH.4 IP/N/1/GBRlC/1 
Page 210 
SCH.4 c.48 
Infonnation as to 
existence of right 
in registered 
design. 
Certificate of 
contested validity 
of registration. Copyright, Designs and Patents Act 1988 
Provided that where the registrar proposes to refuse an 
application for the registration of any other design on the 
ground that it is the same as the first-mentioned design or differs 
from that design only in immaterial details or in features which 
are variants commonly used in the trade, the applicant shall be 
entitled to inspect the representation or specimen of the first­
mentioned design filed in pursuance of the application for 
registration of that design. 
(3) In the case of a design registered in respect of an article of 
any class prescribed for the purposes of the last foregoing 
subsection, the representation, specimen or evidence shall not, 
during the period prescr.bed as aforesaid, be inspected by any 
person by virtue ef this section except in the presence of the 
registrar or of an officer acti ng under him; and except in the case 
of an inspection authorise':! by the proviso to that subsection, 
the person making the inspection shall not be entitled to take 
a copy of the representation, specimen or evidence or any part 
thereof. 
(4) Where an application for the registration of a design has 
been abandoned or refused, neither the application for 
registration nor any representation, specimen or evidence filed 
in pursuance thereof shall at any time be open to inspection at 
the Patent Office or be published by the registrar. 
23. On the request of a person furnishing such information as 
may ena~ie the registrar to identify the design, and on payment 
of the prescribed fee, the registrar shall inform him-
(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 
25.--{I) Ifin any proceedings before the court the validity of 
the registration of a design is contested, and it is found by the 
court that the design is validly registered, the court may certify 
that the validity of the registration of the design was contested 
in those proceedings. 
(2) Where any such certificate has been granted, then if in 
any subsequent proceedings before the court for infringement 
of the right in the registered design or for cancellation of the 
registration of the design, a final order or judgment is made or 
given in favour (If the registered proprietor, he shall, unless the 
court otherwise directs, be entitled to his costs as between 
solicitor and client: 
Provid:d that this subsection shall not apply to the costs of 
any appeal in any such proceedings as aforesaid. 
Remedy for 26.--{I) Where any person (whether entitled to or interested 
groundless threats in a registered design or an application for registration of a 
of infringement design or not) by circulars, advertisements or otherwise 
proceedings. The court. 
The Appeal 
Tribunal. IP/NIlIGBRlCI 1 
Page 211 
Copyright, Designs and Patents Act 1988 c.48 
threatens any other person with proceedings for infringement 
of the right in a registered design, any person aggrieved thereby 
may bring an action against him for any such relief as is 
mentioned in the next following subsection. 
(2) Unless in any action brought by virtue of this section the 
defendant proves that the acts in respect of which proceedings 
were threatened constitute or, if done, would constitute, an 
infringement. of the right in a registered design the registration 
of which is not shown by the plaintiff to be invalid, the plaintiff 
shall be entitled to the following relief, that is to say:-
(a) a declaration to the effect that the threats are 
unjustifiable; 
(b) an injunction against the continuance of the threats; 
and 
(c) such damages, if any, as he has sustained thereby. 
(2A) Proceedings may not be brought under this section in 
respect of a threat to bring proceedings for an infringement 
alleged to consist of the making or importing of anything. 
(3) For the avoidance of doubt it is hereby declared that a 
mere notification that a design is registered does not constitute 
a threat of proceedings within the meaning of this section. 
27.-(1) In this Act "the court" means-
(a) in England and Wales, the High Court or any patents 
county court having jurisdiction by virtue of an order 
under section 287 of the Copyright, Designs and 
Patents Act 1988, 
(b) in Scotland, the Court of Session, and 
(c) in Northern Ireland, the High Court. 
(2) Provision may be made by rules of court with respect to 
proceedings in the High Court in England and Wales for 
references and applications under this Act to be dealt with by 
such judge of that court as the Lord Chancellor may 
select for the purpose. 
28.-{ I) Any appeal from the registrar under this Act shall lie 
to the Appeal Tribunal. 
(2) The Appeal Tribunal shall consist of-
(a) one or more judges of the High Court nominated by the 
Lord Chancellor, and 
(b) one judge of the Court of Session nominated by the 
Lord President of that Court. 
(2A) At any time when it consists of two or more judges, the 
jurisdiction of 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 anyone of the 
judges; 
and, in the exercise of that jurisdiction, different appeals may be 
heard at the same time by different judges. SCH.4 JP IN 11 IGBRlCI 1 
Page 212 
SCH.4 c.48 
Exercise of 
discretionary 
powers of 
registrar. 
Costs and 
security for costs. Copyright, Designs and Patents Act 1988 
(3) The expenses of the Appeal Tribunal shall be defrayed 
and the fees to be taken therein may be fixed as if the Tribunal 
were a court of the High Court. 
(4) The Appeal Tribunal may examine witnesses on oath and 
administer M.ths for that purpose. 
(5) Upon any appeal under this Act the Appeal Tribunal 
may by order award to any party such costs or expenses as the 
Tribunal may consider reasonable and direct how and by what 
parties the costs or expenses are to be paid; and any such order 
may be enforced-
(a) in England and Wales 0" Northerr. Ireland, ir. t!le sa:ne 
way as an o:der of the High Court; 
(b) in Scotland, in the same way as a decree for expenses 
granted by the Court of Session. 
(7) Upon any appeal under this Act the Appeal Tribunal 
may exercise any power which could have been exercised by the 
registrar in the proceeding from which the appeal is brought. 
(8) Subject to the foregoing provisions of this section the 
Appeal Tribunal may make rules for n:gulating all matters 
relating to proceedings before it under this Act, including right 
of audience. 
(BA) At any time when the Appeal Tribunal consists of two 
or iTlOre judges, the power to make rules under subsection (8) of 
this section shall be exercisable by the senior of those judges: 
Provided that another of those judges may exercise that 
power if it appears to him that it is necessary for rules to be 
made and that the judge (or, if more than one, each of the 
judges) senior to him is for the time being prevented by illness, 
absence or otherwise from making them. 
(9) An appeal to the Appeal Tribunal under this Act shall 
not be deemed to be a proceeding in the High Court. 
(10) In this section "the High Court" means the High Court 
in England and Wales; and for the purposes of this section the 
seniority of judges shall be reckoned by reference to the dates 
on which they were appointed judges of that court or the Court 
of Session. 
Powers and duties of Registrar 
29. Without prejudice to any provisions of this Act requiring 
the registrar to hear any party to proceedings thereunder, or to 
give to any such party an opportunity to be heard, rules made 
by the Secretary of State under this Act shall require the 
registrar to give to any applicant for registration of a design an 
oJ:portunity ~o be heard before exercising adversely to the 
a~)plicant any discretion vested in the registrar by or under this 
Act. 
30.-(1) Rules r.tade by the Secretary ofStl~e under this Act 
Tray make provision empowering the registrar, in any 
proceedings before him under this Act-
(a) to award any party such costs as he may consider 
reasonable, and 
(b) to direct how and by what parties they are to be paid. IP/N/lIGBRlC/1 
Page 213 
Copyright. Designs and Patents Act 1988 c.48 
(2) Any such order of the registrar may be enforced- Sell. 4 
(a) in England and Wales or Northern Ireland, in the same 
way as an order of the High Court; 
(b) in Scotland, in the same way as a decree for expenses 
granted by the Court of Session. 
(3) Rules made by the Secretary of State under this Act may 
make provision empowering the registrar to require a person, in 
such cases as may be prescribed, to give security for the costs 
of-
(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 31. Rules made by the Secretary of State under this Act may 
registrar. make provision-
Offences under 
s.5. 
Falsification of 
register, etc. (a) as to the giving of evidence in proceedings before the 
registrar under this Act by affidavit or statutory 
declaration; 
(b) conferring on the registrar the powers of an official 
referee of the Supreme Court as regards the 
examination of witnesses on oath and the discovery 
and production of documents; and 
(c) applying in relation to the attendance of witnesses in 
proceedings before the registrar the rules applicable to 
the attendance of witnesses in proceedings before 
such a referee. 
Offences 
33.-{ I) If any person fails to comply with any direction 
given under section five of this Act or makes or causes to be 
made an application for the registration of a design in 
contravention of that section, he shall be guilty of an offence 
and liable-
(a) on conviction on indictment to imprisonment for a 
term not exceeding two years or a fine, or both; 
(b) on summary conviction to imprisonment for a term 
not exceeding six months or a fine not exceeding the 
statutory maximum, or both. 
34. If any person makes or causes to be made a false entry in 
the register of designs, or a writing falsely purport~ng to be a 
copy of an entry in that register, or produces or tenders or 
causes to be produced or tendered in evidence any such writing, 
knowing the entry or writing to be false, he shall be guilty of an 
offence and liable-
(a) on conviction on indictment to imprisonment for a 
term not exceeding two years or a fine, or both; IP/N/lIGBRlC/1 
Page 214 
ScH.4 c.48 
Fine for falsely 
representing a 
design as 
registered. 
Offence by body 
corporate: 
liability of 
officc:rs. 
Gen,~ral power of 
Secretary of State 
to make rules, etc. Copyright, Designs and Patents Act 1988 
(b) on summary conviction to imprisonment for a tenn 
not exceeding six months or a fine not exceeding the 
statutory maximum, or both. 
35.-{ I) If any person falsely represents that a design applied 
to any article sold by him is registered in respect of that article, 
he shall be liable on summary conviction to a fine not exceeding 
level 3 on the standard scale; and for the purposes of this 
provision a person who sells an article having stamped, 
engraved or impressed thereon or otherwise applied thereto the 
word "registered", or any other word expressing or implying 
that the design applied to the article is registered, shall be 
deemed to represent that the design applied to the article is 
re'Sistered in respect of that article. 
(2) If any person, after the right in a registered design has 
expired, marks any article to which the design has been applied 
with the word "registered", or any word or words implying that 
there is a subsisting right in the design under this Act, or causes 
any such article to be so marked, he shall be liable on summary 
conviction to a fine not exceeding level 1 on the standard scale. 
35A.-{I) Where an offence under this Act committed by a 
body corporate is proved to hzve been committed with the 
consent or connivance of a director, manager, secretary or 
other similar officer of the body, or a person purporting to act 
in any such capacity, h~ as well a!' the body corporate is guilty 
of the offence and liaole to be prcceeded against and punished 
accordingly. 
(1) In relation to a bod} corporate whose affairs are 
managed by its members "director" means a member of the 
body corporate. 
Rules, etc. 
36.-{I) Subject to the provisions of this Act,.the Secretary of 
State may make such rules as he thinks expedient for regulating 
the business of the Patent Office in relation to designs and for 
rl.!gutating all matters by this Act placed under the direction or 
control of the registrar or the Secretary of State. 
(IAL.Rules may, in particular, make provision-
(a) prescribing the fonn of applications for registration of 
designs and of any representations or specimens of 
designs or other documents which may be filed at the 
Patent Office, and requiring copies to be furnished of 
any such representations, specimens or documents; 
(b) regulating the procedure to be followed in connection 
with a'1y application or request to the registrar or in 
connection with any proceeding before him, and 
authorising the rectification of irregularities of 
procedure; 
(c) providinf for the appointment of advisers to assist the 
registrar in proceedings before him; 
(d) regulating the keeping of the register of des"igns; 
(e) authori5'ing the publication and sale of copies of 
representations of designs and other documents in the 
Patent Office; 
(f) prescribing anything authorised or required by this Act 
to be prescribed by rules. Provisions as to 
rules and Orders. 
Hours of business 
and excluded 
days. 
Fees. 
Service of notices. 
&c., by post. IP/NIl/GBRlCI 1 
Page 215 
Copyright. Designs and Patents Act 1988 c.48 
(I B) The remuneration of an adviser appointed to assist 
the registrar shall be determined by the Secretary of State with 
the consent of the Treasury and shall be defrayed out of money 
provided by Parliament. 
(2) Rules made under this section may provide for the 
establishment of branch offices for designs and may authorise 
any document or thing required by or under this Act to be filed 
or done at the Patent Office to be filed or done at the branch 
office at Manchester or any other branch office established in 
pursuance of the rules. 
37.-{1) ........... , ......... . 
(2) Any rules made by the Secretary of State in pursuance of 
section 15 or section 16 of this Act, and any order made, 
direction given, or other action taken under the rules by the 
registrar, may be made, given or taken so as to have effect as 
respects things done or omitted to be done on or after such date, 
whether before or after the coming into operation of the rules 
or of this Act, as may be specified in the rules. 
(3) Any power to make rules conferred by this Act on the 
Secretary of State or on the Appeal Tribunal shall be 
exercisable by statutory instrument; and the Statutory 
Instruments Act 1946 shall apply to a statutory instrument 
containing rules made by the Appeal Tribunal in t:ke manner as 
if the rules had been made by a Minister of the Crown. 
(4) Any statutory instrument containing rules made by the 
Secretary of State under this Act shall be subject to annulment 
in pursuance of a resolution of either House of Parliament. 
(5) Any Order in Council made under this Act may be 
revoked or varied by a subsequent Order in Council. 
Supplemental 
39.-{1) Rules made by the Secretary of State under this Act 
may specify the hour at which the Patent Office shall be deemed 
to be closed on any day for purposes of the transaction by the 
public of business under this Act or of any class of such 
business, and may specify days as excluded days for any such 
purposes. 
(2) Any business done under this Act on any day after the 
hour specified as aforesaid in relation to business of that class, 
or on a day which is an excluded day in relation to business of 
that class, shall be deemed to have been done on the next 
following day not being an excluded day; and where the time for 
doing anything under this Act expires on an excluded day, that 
time shall be extended to the next following day not being an 
excl uded day. 
40. There shall be paid in respect of the registration of designs 
and applications therefor, and in respect of other matters 
relating to designs arising under this Act, such fees as may be 
prescribed by rules made by the Secretary of State with the 
consent of the Treasury. 
41. Any notice required or authorised to be given by or under 
this Act, and any application or other document so authorised 
or required to be made or filed, may be given, made or filed by 
post. SeH.4 IP/NIlIGBRlCI 1 
Page 216 
ScH.4 c.48 
Annual report of 
registrar. 
Savings. 
Interpretation. Copyright, Designs and Patents Act 1988 
42. The Comptroller-General of Patents, Designs and Trade 
Marks shall, in his annual report with respect to the execution 
of the Patents Act 1977, include a report with respect to the 
execution of this Act as if it fonned a part of or was included in 
that Act. 
43.-{ I) Nothing in this Act shall be construed as authorising 
or requiring the registrar to register a design the use of which 
would, in his opinion, be contrary to law or morality. 
(2) Nothing in this Act shall affect the right of the Crown or 
of any person deriving title directly or indirectly from the 
Crown to sell or use articles forfeited under the laws relating to 
customs or excise. 
44.-{I) In this Act, except where the context otherwise 
requires, the following expressions have the meanings hereby 
respectively assigned by them, that is to say-
"Appeal Tribunal" means the Appeal Tribunal 
constituted and acting in accordance with section 28 
of this Act as amended by the Administration of 
Justice Act 1969; 
"article" means any article of manufacture and includes 
any part of an article ifrhat part is made and sold 
separately; 
"artistic work" has the same .neaning as in Part I of the 
Copyright, Designs and Patent3 Act 1988; 
"assignee" includes the personal representative of a 
deceased assignee, and references to the assignee of 
any person include references to the assignee of the 
personal representative or assignee of that person; 
"author", in relation to a design, has the meaning given by 
section 2(3) and (4); 
"corresponding design", in rdation to an artistic work, 
means a design which if applied to an article would 
produce something which would be treated for the 
purposes of Part I of the Copyright. Designs and 
Patents Act 1988 as a copy of that work; 
"the court" shall be construed in accordance with section 
27 of this Act; 
"design" has the meaning assigned to it by section 1(1) of 
this Act; 
"employee", "employment" and "employer" refer to 
employment under a contract of service or of 
apprenticeship; 
"prescribed" means prescribed by rules made by the 
Secretary of State under this Act; 
"proprietor" has the meaning ,,-ssigned to it by section two 
of this Act; 
"registered proprietor" means the person or persons for 
the time being entered in the register of designs as 
proprietor of the design; Application to 
Scotland. 
Application to 
Northern Ireland. 
Application to 
Isle of Man. 
Territorial waters 
and the 
continental shelf. IP/NIlIGBRlCI 1 
Page 217 
Copyright, Designs and Patents Act 1988 c.48 
"registrar" means the Comptroller-General of Patents 
Designs and Trade Marks; 
"set of articles" means a number of articles of the same 
general character ordinarily on sale or intended to be 
used together, to each of which the same design, or the 
same design with modifications or variations not 
sufficient to alter the character or substantially to 
affect the identity thereof, is applied. 
(2) Any reference in this Act to an article in respect of which 
a design is registered shall, in the case of a design registered in 
respect of a set of articles, be construed as a reference to any 
article of that set. 
(3) Any question arising under this Act whether a number of 
articles constitute a set of articles shall be detennined by the 
registrar; and notwithstanding anything in this Act any 
detennination of the registrar under this subsection shall be 
final. 
(4) For the purposes of subsection (1) of section 14 and of 
section 16 of this Act, the expression "personal represen tative", 
in relation to a deceased person, includes the legal 
representative of the deceased appointed in any country outside 
the United Kingdom. 
45. In the application of this Act to Scotland-
(3) The expression "injunction" means "interdict"; the 
expression " arbitrator" means " arbiter"; 
the expression "plaintiff" means "pursuer"; the 
expression "defendant" means "defender". 
46. In the application of this Act to Northern Ireland-
(3) References to enactments include enactments comprised 
in Northern Ireland legislation: 
(3A) References to the Crown include the Crown in right of 
Her Majesty's Government in Northern Ireland: 
(4) References to a government department shall be 
construed as including references to a Northern Ireland 
department, and in relation to a Northern Ireland department 
references to the Treasury shall be construed as references to the 
Department of Finance and Personnel. 
47. This Act extends to the Isle of Man, subject to any 
modifications contained in an Order made by Her Majesty in 
Council, and accordingly, subject to any such Order, references 
in this Act to the United Kingdom shall be construed as 
including the Isle of Man. 
47A.-(J) For the purposes of this Act the territorial waters 
of the United Kingdom shall be treated as part of the United 
Kingdom. SCH.4 IP/N/lIGBRlC/l 
Page 218 
SeH.4 c.48 
Rereais, savings, 
and transitional 
provisions. Copyright. Designs and Patents Act 1988 
(2) This Act applies to things done in the United Kingdom 
sector of the continental shelf on a structure or vessel which is 
present there for purposes directly connected with the 
exploration of the sea bed or subsoil or the exploitation of their 
natural resources as it applies to things done in the United 
Kingdom. 
(3) The United Kingdom sector of the continental shelf 
means the areas designated by order under section 1 (7) of the 
Continental Shelf Act 1964. 
48.-{1) .................... . 
(2) Subject to the provisions of this section, any Order in 
Coullcil, rule, order, requirement, certificate, notice, c.ecision, 
direction, authorisation, consent, application, request or thing 
made, issued, given or done under any enactment repealed by 
this Act shall, if in force at the commencement of this Act, and 
so far as it could have been made, issued, given or done under 
this Act, continue in force and have effect as if made, issued, 
given or done under the corresponding enactment of this Act. 
(3) Any register kept under the Patents and Designs Act 
1907 shall be deemed to fonn part of the corresponding register 
'Jnder this Act. 
(4) Any design registered before the commencement of this 
Act shall be deemed to be registered under this Act in respect of 
articles of the class in which it is registered. 
(5) Where, in relation to any design, the time for giving 
notice to the registrar under section 59 of the Patents and 
Designs Act 1907 expired before the commencement of this Act 
and the notice was not given, subsection (2) of section 6 of this 
Act shall not apply in relation to that design or any registration 
of that design. 
(6) Any document referring to any enactment repealed by 
this Act shall be construed as referring to the corresponding 
enactment of this Act. 
(7) Nothing in the foregoing provisions of this section shall 
be taken as prejudicing the operation of section 38 of the 
Interpretation Act 1889 (which relates to the effect of repeals). 
Short title and 49.-{1) This Act may be cited as the Registered Designs Act 
commencement. 1949. 
(2) This Act shall come into operation on the first day of 
January, nineteen hundred and fifty, immediately after the 
coming into operation of the Patents and Designs Act 1949. 
FIRST SCHEDULE 
PROVISIONS AS TO THE USE OF REGISTERED DESIGNS FOR THE 
SER VICES 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 
l.-{ 1) Notwithstanding anything in this Act, any 
Government department, and any person authorised in writing 
by a Governf!lent department, may Uie any registered design 
for the services of the Crown in accordance with the following 
provisions of this paragraph. IP/NI 1/GBRlCI 1 
Page 219 
Copyright. Designs and Patents Act 1988 c.48 
(2) If and so far as the design has before the date of 
registration thereof been duly recorded by or applied by or on 
behalf of a Government department otherwise than in 
consequence of the communication of the design directly or 
indirectly by the registered proprietor or any person from 
whom he derives title, any use of the design by virtue of this 
paragraph may be made free of any royalty or other payment to 
the registered proprietor. 
(3) If and so far as the design has not been so recorded or 
applied as aforesaid, any use of the design made by virtue of this 
paragraph at any time after the date of registration thereof, or 
in consequence of any such communication as aforesaid, shall 
be made upon such terms as may be agreed upon, either before 
or after the use, between the Government department and the 
registered proprietor with the approval of the Treasury, or as 
may in default of agreement be determined by the court on a 
reference under paragraph 3 of this Schedule. 
(4) The authority of a Government department in respect of 
a design may be given under this paragraph either before or 
after the design is registered and either before or after the acts 
in respect of which the authority is given are done, and may be 
given to any person whether or not he is authorised directly or 
indirectly by the registered proprietor to use the design. 
(5) Where any use of a design is made by or with the 
authority of a Government department under this paragraph, 
then, unless it appears to the department that it would be 
contrary to the public interest so to do, the department shall 
notify the registered proprietor as soon as practicable after the 
use is begun, and furnish him with such information as to the 
extent of the use as he may from time to time require. 
(6) For the purposes of this and the next following 
paragraph "the services of the Crown" shall be deemed to 
include-
(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. ScH.4 IP/N/lIGBRlC/1 
Page 220 
SCH.4 c.48 Copyright, Designs and Patents Act 1988 
(7) The purchaser of any articles sold in the exercise of 
powers conferred by this paragraph, and any person claiming 
through him, shall have power to deal with them in the same 
manner as if the rights in the registered design were held on 
behalf of His Majesty. 
Rights of third parties in respect of Crown use 
2.-{1) In relation to any use of a registered design, or a 
design in respect of which an application for registration is 
pending, made for :he ~ervices of the Crown-
(a) b:, a Gove; nm~nt department c _. a JX'fSon 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 re5is~ration or any 
person who deriv<!s title from him er from whor:1 he derives title 
and any person other than a Gove·mment department shall be 
of no effect so far as those provisions restrict or regulate the use 
of the design, or any tn)del, doc·jment or information relating 
thereto, or provide for the making of payments in re~pect 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. 
(2) Where an exclusive licence granted otherwise than for 
royalties or other benefits determined by reference to the use of 
the design is in force under the registered design then-
(a) in relation to any use of the design which, but for the 
provisicns. of this and the ;ast foregoing paragraph, 
would constitute an infringef-v~nt of the rights of the 
licensee, sub-paragraph (3) of the last foregoing 
paragraph !;hall have effect as if for the reference to 
the registered proprietor there were substituted a 
referenc!! to the licensee; and 
(b) in relation to any use of the design by the licensee by 
virtue of an authority given under the last foregoing 
paragraph, that paragraph shall have effect as if the 
said sub-paragraph (3) were omitted. 
(3) Subject to the provisions of the last foregoing sub­
paragraph, where the registered design or the right to apply for 
or obtain registration of the design has been assigned to the 
registered oroprietor in consideration of royalties or other 
benefits determined by reference to the use of the design, then-
(a) in ;elation to any use of the design by virtue of 
paragraph I of this Schedule, sub-paragraph (3) of 
that paragraph shall have effect as if the reference to 
the registered proprietor included a reference to the 
assignor, and any sum payable by virtue of that sub­
paragraph shall be divided between the registered 
proprietor and the assignor in such proportion as may IP/N/lIGBRlC/1 
Page 221 
Copyright, Designs and Patents Act 1988 c.48 
be agreed upon between them or as may in default of 
agreement be determined by the court on a reference 
under the next following paragraph; and 
(b) in relation to any use of the design made for the 
services of the Crown by the registered proprietor to 
the order of a Government department, sub­
paragraph (3) of paragraph 1 of this Schedule shall 
have effect as if that use were made by virtue of an 
authority given under that paragraph. 
(4) Where, under sub-paragraph (3) of paragraph I of this 
Schedule, payments are required to be made by a Government 
department to a registered proprietor in respect of any use of a 
design, any person being the holder of an exclusive licence 
under the registered design (not being such a licence as is 
mentioned in sub-paragraph (2) of this paragraph) authorising 
him to make that use of the design shall be entitled to recover 
from the registered proprietor such part (if any) of those 
payments as may be agreed upon between that person and the 
registered proprietor, or as may in default of agreement be 
determined by the court under the next following paragraph to 
be just having regard to any expenditure incurred by that 
person-
(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. 
(5) In this paragraph "exclusive licence" means a licence 
from a registered proprietor which confers on the licensee, or on 
the licensee and persons authorised by him, to the exclusion of 
all other persons (including the registered proprietor), any right 
in respect of the registered design. 
Compensation for loss of profit 
2A.-( I) Where Crown use is made of a registered design, the 
government department concerned shall pay-
(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. 
(2) Compensation is payable only to the extent that such a 
contract could have been fulfilled from his existing 
manufacturing capacity; but is payable notwithstanding the 
existence of circumstances rendering him ineligible for the 
award of such a contract. 
(3) In determining the loss, regard shall be had to the profit 
which would have been made on such a contract and to the 
extent to which any manufacturing capacity was under-used. SCH.4 IP/N/1/GBRlC/l 
Page 222 
ScH.4 c.48 Copyright. Designs and Patents Act 1988 
(4) No compensation is payable in respect of any failure to 
secure contracts for the supply of articles to which the design is 
applied otherwise than for the services of the Crown. 
(5) The amount payable under this paragraph shall, if not 
agreed between the registered proprietor or licensee and the 
government department concerned with the approval of the 
Treasury, be determined by the court on a reference under 
paragraph 3; and it is in addition to any amount payable under 
paragraph 1 or 2 of this schedule. 
(6) In this paragraph-
"Crown use", in relation to a design, means thl! dcing of 
anything by virtue of paragraph 1 W'hich would 
otherwise be an infringement of the right in the design; 
and 
"the government department concerned", in relation to 
such use, means the government department by 
whom or on whose authority the act was done. 
Reference of disputes as to Crown use 
3.-{1) Any dispute as to-
(a) the exercise by a Governn-:..cllt dcp.,Utment, or a person 
authorised by a Govenment department, of the 
powers conferred by pangraph 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. 
(2) In any proceedings under this paragraph to which a 
Government department are a party, the department may-
(a) if the registered proprietor is a party to the 
prol:eedings, apply for cancellation of the registration 
of the design upon any ground upon which the 
registration of a design may be cancelled on an 
application to the court under section twenty of this 
Act; 
(b) in any case, put in issue the validity of the registration 
of the design without applying for its cancellation. 
(3) If in such proceedings as aforesaid any question arises 
whether a design has been recorded or applied as mentioned in 
paragraph 1 of this Schedule, and ~he disclosure of any 
document recording the design, or of ~ny evidence of the 
application thereof, would in the opinic n \y' the d(.p:utment be 
prejudicial to the public interest, the disciosure may be made 
confidentially to counsel for the other party or to an 
independent expert mutually agreed up0n. 
(4) In determining under this paragraph any dispute 
between a Government department and any person as to terms 
for the use of a design for the services of the Crown, the court 
shall have regard to any benefit or compensation which that 
person or any person from whom he derives title may have IP/N/1/GBRlC/l 
Page 223 
Copyright. Designs and Patents Act 1988 c.48 
received, or"""may be entitled to receive, directly or indirectly 
from any Government department in respect of the design in 
question. 
(5) In any proceedings under this paragraph the court may 
at any time order the whole proceedings or any question or issue 
of fact arising therein to be referred to a special or official 
referee or an arbitrator on such terms as the court may direct; 
and references to the court in the foregoing provisions of this 
paragraph shall be construed accordingly. 
Special provisions as to Crown use during emergency 
4.-( 1) During any period of emergency within the meaning 
of this paragraph, the powers exercisable in relation to a design 
by a Government department, or a person authorised by a 
Government department under paragraph I of this Schedule 
shall include power to use the design for any purpose which 
appears to the department necessary or expedient-
(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 rC~'ult 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. 
(2) In this paragraph the expression "period of emergency" 
means a period beginning on such date as may be declared by 
Order in Council to be the commencement, and ending on such 
date as may be so declared to be the termination, of a period of 
emergency for the purposes of this paragraph. 
(3) No Order in Council under this paragraph shall be 
submitted to Her Majesty unless a draft of it has been laid 
before and approved by a resolution of each House of 
Parliament. SCH.4 IP/NIlIGBRlCI 1 
Page 224 
c.48 Copyright, Designs and Patents Act 1988 
Section 295. 
1949 c. 87. 
1977 c. 37. SCHEDULE 5 
PATENTS: MISCELLANEOUS AMENDMENTS 
Withdrawal of application before publication of specification 
l. In section 13(2) of the Patents Act 1949 (duty of comptroller to advertise 
acceptance of and publish complete specification) after the word "and", in the 
first place where it occurs, insert ", unless the application is withdrawn,". 
Correction of clerical errors 
2.--{ I) In section 15 of the Patents Act 1977 (filing of application), after 
subsection (3) insert-
"(3A) Nothing in s:lbsection (2) or (3) above shall be construed as 
affecting the power of the comptroller under section 117( I) below to correct 
errors or mistakes with respect to the filing of drawings.". 
(2) The above amendment applies only in relation to applications filed after 
the commencement of this paragraph. 
Supplementary searches 
3.--{ I) Section 17 of the Patents Act 1977 (preliminary examination and 
search) is amend'!d as follows. 
(2) In subsection (7) (surplementary searches) for "subsection (4) above" 
subs~itute "subsections (4) and (5) above" and for ''It a)plies" substitute "they 
apply". 
(3) After that subsection add-
"(8) A reference for a supplementary search in consequence of-
(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.". 
4. In section 18 of the Patents Act 1977 (substantive examination and grant or 
refusal of patent), after subsection (1) insert-
"(lA) If the examiner forms the view that a supplementary search under 
section 17 above is required for which a fee is payable, he shall inform the 
comptroller, who may decide that the substantive examination should not 
proceed until the fee is paid; and if he so decides, then unless within such 
period as he may allow-
(a) the fee is paid, or 
(b) the application is amended so as to render the supplementary 
search unnecessary, 
he may refuse the application.". 
5. In section 130( I) of the Patents Act 1977 (interpretation), in the definition of 
"search fee", for "sec.tion 17 above" substitute "section 17(1) above". 
Applicationfor restoration of lapsed patent 
6.-(1) Section 28 of the Patents Act 1977 (restoration of lapsed patents) is 
amended as follows. 
(2) For subsection (1) (application for restoration within period of one year) 
substitute-IP/NIlIGBRlCI 1 
Page 225 
Copyright, Designs and Patents Act 1988 c.48 
"( 1) Where a patent has ceased to have effect by reason of a failure to pay 
.any renewal fee, an application for the restoration of the patent may be 
made to the comptroller within the prescribed period. 
(lA) Rules prescribing that period may contain such transitional 
'provisions and savings as appear to the Secretary of State to be necessary 
or expedient.". 
(3) After subsection (2) insert-
"(2A) Notice of the application shall be published by the comptroller in 
the prescribed manner.". 
(4) In subsection (3), omit paragraph (b) (requirement that failure to renew is 
due to circumstances beyond proprietor's control) and the word "and" preceding 
it. 
This amendment does not apply to a patent which has ceased to have effect in SCH.5 
accordance with section 25(3) of the Patents Act 1977 (failure to renew within 1977 c. 37. 
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. . 
(5) Omit subsections (5) to (9) (effect of order for restoration). 
7. After that section insert-
"Effect of order 28A.-{ 1) The effect of an order for the restoration of a 
for restoration of patent is as follows. 
patent. 
(2) Anything done under or in relation to the patent during 
the period between expiry and restoration shall be treated as 
valid. 
(3) Anything done during that period which would have 
constituted an infringement if the patent had not expired shall 
be treated as an infringement-
(a) if done at a time when it was possible for the patent to 
be renewed under section 25(4), or 
(b) if it was a continuation or repetition of an earlier 
infringing act. 
(4) If after it was no longer possible for the patent to be so 
renewed, and before publication of notice of the application for 
restoration, a person-
(a) began in good faith to do an act which would have 
constituted an infringement of the patent ifit 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. 
(5) If the act was done, or the preparations were made, in the 
course of a business, the person entitled to the right conferred 
by subsection (4) may-
(a) authorise the doing of that act by any partners of his 
for the time being in that business, and 
H IP/N 11IGBRlC/l 
Page 226 
SCH.5 
1977 c. 37. c.48 Copyright. Designs and Patents Act 1988 
(b) assign that right, or transmit it on death (or in the case 
of a body corporate on its dissolution), to any person 
who acquires that part of the business in the course of 
which the act was done or the preparations were 
made. 
(6) Where c. pwduct is disposed of to another in exercise of 
the rights conlerred by subsection (4) or (5), that other and any 
person claiming through him may deal with the product in the 
same way as if it had been disposed of by the registered 
proprietor of the patent. 
(7) The above provisions apply in relation to the use of a 
,:>atent for HI\! services of the Crown as they apply in relation to 
infringeme~t of the patent.". 
8. In consequence of the above amendments-
(a) in section 60( 6)(b) of the Patents Act 1977, for "section 28(6)" substitute 
"section 28A(4) or (5)"; and 
(b) in sections 77(5), 78(6) and 80(4) of that Act, for the words from 
"section 28(6)" to the end substitute "section 28A(4) and (5) above, and 
subsections (6) and (7) of that section shall apply accordingly.". 
Determination of right to patent after grant 
9.---(1) Section 37 of the Patents Act 1977 (determination of right to patent 
after grant) is amended as follows. 
(2) For subsection (I) substitute-
"(I) After a patent has been granted for an invention any person having 
or claiming a proprietary interest in or under the patent may refer to the 
comptroller the question-
(a) who is or are the true proprietor or proprietors of the patent, 
(b) whether the patent should have been granted to the person or 
persons to whom it was granted, or 
(c) whether any right in or under the patent should be transferred or 
granted to any other person or persons; 
and the comptroller shall determine the question and make such order as he 
thinks fit to give effect to the determination.". 
(3) Substitute "this section"-
(a) in subsections (4) and (7) for "subsection (1 )(a) above", and 
(b) in subsection (8) for "subsection (1) above". 
10. In section 74(6) (meaning of "entitlement proceedings"), for "section 
37(1)(a) above" substitute "section 37(1) above". 
Employees' inventions 
11.---(1) In section 39 of the Patents Act 1977 (right to employees' inventions), 
after subsection (2) add-
"(3) Where by virtue of this section an invention belongs, as between him 
and his employer, to an empioyee, nothing done-
(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 IP/NIlIGBRlCI 1 
Page 227 
Copyright, Designs and Patents Act 1988 c.48 
(b) by any person for the purpose of performing or working the 
invention, 
shall h: 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.". SeH.5 
(2) In section 43 of the Patents Act 1977 (supplementary provisions with 1977 c. 37. 
respect to ,~mployees' inventions), in subsection (4) (references to patents to 
include oth:r forms of protection, whether in UK or elsewhere) for "in sections 
40 to 42" substitute "in sections 39 to 42.". 
Undertaking to take licence in infringement proceedings 
12.-{l) Section 46 of the Patents Act 1977 (licences of right) is amended as 
follows. 
(2) In mbsection (3)(c) (undertaking to take licence in infringement 
proceeding~i) after the words H( otherwise than by the importation of any article" 
insert "fron a country which is not a member State of the European Economic 
Communit:!" . 
(3) After subsection (3) insert-
"(3A) An undertaking under subsection (3)(c) above may be given at any 
time t·efore final order in the proceedings, without any admission of 
liability.". 
POH-'er of comptroller on grant of compulsory licence 
13. In section 49 of the Patents Act 1977 (supplementary provisions with 
respect to compulsory licences), omit subsection (3) (power to order that licence 
has effect v) revoke existing licences and deprive proprietor of power to work 
invention or grant licences). 
Powers exercisable in consequence of report of Monopolies and Mergers 
Commission 
14. For section 51 of the Patents Act 1977 (licences of right: application by 
Crown in consequence of report of Monopolies and Mergers Commission) 
substitute--
"Powers 
exercisable in 
consequence )f 
report of 
Monopolies ,.nd 
Mergers 
Commission. 51.-{1) Where a report of the Monopolies and Mergers 
Commission has been laid before Parliament containing 
conclusions to the effect-
(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 II 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. IP/N/lIGBRlC/l 
Page 228 
SCH.S 
1977 c. 37. c.48 Copyright, Designs and Patents Act 1988 
(2) Before making an application the appropriate Minister or 
Ministers shall publish, in such manner as he or they think 
appropriate, a notice describing the nature of the proposed 
application and shall consider any representations which may 
be made within 30 days of such publication by persons whose 
interests appear to rim or them to be affected. 
(3) If on an application under this sectiC'n it appears to the 
comptroller that the matters specified in the Commission's 
report as being those which in the Commissio:1's opinion 
operate, or operated or may be expected to operate. against the 
public interest include-
(a) conditions in licences granted ·.~nder a pat~nt c-y its 
proprietor restricting tho! use o~· the invention by \.he 
licensee or the right of the propr.etor to grant other 
licences, or 
(b) a refusal by the proprietor of a p2.tent 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. 
(4) In this section "the appropriate Minister or Ministers" 
means the Mi.lister 0,' Ministers to whom the report of the 
Commission was made.". 
Compulsory licensing: reliance on statements in competition report 
15. In section 53(2) of the Patents Act 1977 (compulsory licensing: reliance on 
statements in reports of Monopolies and Mergers Commission)--
(a) for "application made in relation to a patent under sections 48 to 51 
above" substitute "application made under section 48 above in respect 
of a patent"; and 
(b) after "Part VIII of the Fair Trading Act 1973" insert "or section 17 of 
the Competition Act 1980". 
Crown use: compensation for loss of profit 
i6.-(1) In the Patents Act 1977, after section 57 insert-
"Compensation 
for loss of profit 57A.-(1) Where use is made of an invention for the services 
of the Crown, tbe government department concerned shall 
pay-
(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. 
(2) Compensation is payable only to the extent that such a 
contract could have been fulfilled from his existing 
manufacturing or other capacity; but is payable 
llotNithstanding the existence of cirCumstances rendering him 
ineligible f'Jr 'the award of suct a contra( t. 
(3) In determining the loss, regard ~hall be had to the profit 
which would have been made on such a contract and to the 
extent to which any manufacturing or other capacity was 
under-used. IP/N/lIGBRlC/l 
Page 229 
Copyright, Designs and Patents Act 1988 c.48 
(4) No compensation is payable in respect of any failure to 
secure contracts to supply the patented product or, as the case 
may be, to perfonn the patented process or supply a thing made 
by means of the patented process, otherwise than for the 
services of the Crown. 
(5) The amount payable shall, if not agreed between the 
proprietor or licensee and the government department 
concerned with the approval of the Treasury, be detennined by 
the court on a reference under section 58, and is in addition to 
any amount payable under section 55 or 57. 
(6) In this section 'the government department concerned', in 
relation to any use of an invention for the services of the Crown, 
means the government department by whom or on whose 
authority the use was made. 
(7) In the application of this section to Northern Ireland, the 
reference in subsection (5) above to the Treasury shall, where 
the government department concerned is a department of the 
Government of Northern Ireland, be construed as a reference 
to the Department of Finance and PersonneL". SeH.5 
(2) In se<:tion 58 of the Patents Act 1977 (reference of disputes as to Crown 1977 c. 37. 
use), for su~section (1) substitute-
H( I) Any dispute as to-
(1) 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, 
(I:) 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 57 A, 
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 (I )(a), 
(b) or (c) above". 
(3) In section 58(11) of the ,Patents Act 1977 (exclusion of right to 
compensation for Crown use if relevant transaction, instrument or event not 
registered), after "section 57(3) above)" insert H, or to any compensation under 
section 57A above,". 
(4) The above amendments apply in relation to any use of an invention for the 
services of the Crown after the commencement of this section, even if the terms 
for such use were settled before commencement. 
Right to continue use begun before priority date 
17. For sl!ction 64 of the Patents Act 1977 (right to continue use begun before 
priority date) substitute-
"Right to 
continue use 
begun before 
priority date. 64.-{ I) Where a patent is granted for an invention, a person 
who in the United Kingdom before the priority date of the 
invention-
(a) does in good faith an act which would constitute an 
infringement of the patent if it were in force, or IP/NI lIGBRlCI 1 
Page 230 
SCH.5 
1977 c. 37. c.48 Copyright, Designs and Patents Act 1988 
(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. 
(2) Jfthe act was done, or the preparations were made, in the 
course of a business, the person entitled to the right conferred 
by subsection (1) may-
(a) authorise the doing of that act by any partners of his 
for the time being in tbat business. and 
(b) assign that right, or tnn~mit it on death (or in the case 
of a body corporate on it~ dissolution), to any person 
who acquires that part of the business in the course of 
which the act was done or the preparations were 
made. 
(3) Where a product is disposed of to another in exercise of 
the rights conferred by subsection (I) or (2), that other and any 
person claiming through him may deal with the product in the 
same way as if it had been disposed of by the registered 
proprietor of the patent.". 
Revocation on grounds 0/ grant to wrong person 
18. In section 72( I) of the Patents Act 1977 (grounds for revocation of patent), 
for paragraph (b) substitute-
"(b) that the patent was granted to a person who was not entitled to be 
granted that patent;". 
Revocation where two patents granted/or same im'ention 
19. In section 73 of the Patents Act 1977 (revocation on initiative of 
comptroller), for subsections (2) and (3) (revocation of patent where European 
patent (UK) granted in respect of same invention) substitute-
"(2~ If it appears to the comptroller that a patent under this Act and a 
European patent (UK) have been granted for the same invention having the 
same priority date. and that tJ-·.e applications for the patents were filed by the 
same applicant or his successor in title. he shall give the proprietor of the 
patent under this Act an opportunity of making observations and of 
amending the specification ofthe patent, and if the proprietor fails to satisfy 
the comptroller that there are not two patents in respect of the same 
invention, or to amend the specification so as to prevent there being two 
patents in respect of the same invention, the comptroller shall revoke the 
patent. 
(3) The comptroller shall not take action under subsection (2) above 
before-
(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 i.here are not two patents in 
respect of the saml! invention. 
(4) The comptroller shall not take action under subsection (2) above if the 
European patent (UK) has been surrendered under section 29( 1) above 
before the date on which by virtue of section 25( 1) above the patent under 
this Act is to be treated as having been granted or, if proceedings for the Copyright, Designs and Patents Act 1988 IP/NIlIGBRlCI1 
Page 231 
c.48 
surrender of the European patent (UK) have been begun before that date, SeH. 5 
until those proceedings are finally disposed of; and he shall not then take any 
action if the decision is to accept the surrender of the European patent.". 
Applications and amendments not to include additional matter 
20. For section 76 of the Patents Act 1977 (amendments of applications and 1977 c. 37. 
patents not to include added matter) substitute-
"Amendments of 76.-{ 1) An application for a patent which-
applications and (a) is made in respect of matter disclosed in an earlier 
r::~n;; ~~~~~ application, or in the specification of a patent which 
matter. has been granted, and 
(b) discloses additional matter, that is, matter ettending 
beyond that disclosed in the earlier application, as 
filed, or the application for the patent, as filt:d, 
may be filed under section 8(3), 12 or 37(4) above, or as 
mentioned in section 15(4) above, but shal: not be allowed to 
proceed unless it is amended so as to exclude the additional 
matter. 
(2) No amendment of an application for a patent shall be 
allowed under section 17(3), 18(3) or 19( 1) if it results in the 
application disclosing matter extending beyond that disclosed 
in the application as filed. 
(3) No amendment of the specification of a patent shall be 
allowed under section 27(1), 73 or 75 ifit-
(a) results in the specification disclosing additional 
matter, or 
(b) extends the protection conferred by the patent.". 
Effect of European patent (UK) 
21.-{ I) Section 77 of the Patents Act 1977 (effect of European patent (UK» 
is amended as follows. 
(2) For subsection (3) (effect of finding of partial validity on pending 
proceedings) substitute-
"(3) Where in the case of a 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 pr-oceedings in which the validity of a 
pat.en~.is put in issue and in which it is found that the patent is only partially 
valId .. 
(3) For subsection (4) (effect of amendment or revocation under European 
Patent Convention) substitute-
"(4) Where a European patent (UK) is amended in accordance with the 
European Patent Convention, the amendment shall have effect for the 
purposes of Parts I and III of this Act as if the specification of the patent 
had been amended under this Act; but subject to subsection (6)(b) below. 
(4A) Where a European patent (UK) is revoked in accordance with the 
European Patent Convention, the patent shall be treated for the purposes 
of Parts I and 11 I of this Act as ha vi ng been revoked under this Act.". IP/NIlIGBRlCI 1 
Page 232 
SCH.5 
1977 c. 37. c.48 Copyright, Designs and Patents Act 1988 
(4) In subsection (6) (filing of English translation), in paragraph (b) 
(amendments) for Ha translation of the amendment into English" substitute "a 
translation into English of the specification as amended". 
(5) In subsection (7) (effect offailure to file translation) for the words from Ha 
translation" to "above" substitute "such a translation is not filed". 
The state of the art: material contained in patent applications 
22. In section 78 of the Patents Act 1977 (effect of filing an application for a 
European patent (UK», for subsection (5) (effect of withdrawal of application, 
&c.) substitute-
"(5) SubsectiC'ns ~ I) to (3) above shall cease to apply to an application 
for a European j:atent (UK), except as mentioned in subsection (SA) below, 
if-
(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. 
(SA) The occurrence of any of the events mentioned in subsection ~5)(a) 
or (b) shall not affect the continued operation of section 2(3) abcve in 
relation to matter contained in an application for a European patent (UK) 
which by virtue of that provision has become part of the state of the art as 
regards other inventions.". 
Jurisdiction in certain proceedings 
23. Section 88 of the Patents Act 1977 (jurisdiction in legal proceedings in 
connection with Community Patent Convention) is repealed. 
Effect of filing international application for patent 
24.--(1) Section 89 of the Patents Act 1977 (effect of filing international 
application for patent) is amended as follows. 
(2) After subsection (3) insert-
"(3A) If the relevant conditions are satisfied with respect to an 
application which is amended in accordance with the Treaty and the 
relevant conditions ar.! not satisfied with respect to any amendment. that 
amendment shall be disregarded.". 
(3) After subsection (4) insert-
"(4A) In subsection (4)(a) 'a copy of the application' includes a copy of 
the application published in accordance with the Treaty in a language other 
than that in which it was filed.". 
(4) For subsection (10) (exclusion of certain appliC3.tions subject to European 
Patent Convention) substitute-
"( I 0) The foregoing. provisions of this st:~tion do not apply to an 
application which falls to be treated as an inttrnational application for a 
patent (UK) by reason only of its containing an indication that the 
applicant wish!s h} obtai'n a European patent (UK); but without prejudice 
to the application of those provisions to an application which also 
separately designate; the United Kingdom.". 
(5) The amendments in this paragraph shall be deemed always to have had 
effect. Copyright. Designs and Patents Act 1988 IP/N/lIGBRfC/l 
Page 233 
c.48 
(6) This paragraph shall be repealed by the order bringing the following SeH. 5 
paragraph into force. 
25. For section 89 of the Patents Act 1977 (effect of filing international 1977 c. 37. 
application for patent) substitute-
"Effect of 89.~1) An international application for a patent (UK) for 
international which a date of filing has been accorded under the Patent Co-
application for operation Treaty shall, subject t<r-
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. 
(2) If the application, or the designation of the United 
Kingdom in it, is withdrawn- or (except as mentioned in 
subsection (3» deemed to be withdrawn under the Treaty, it 
shall be treated as withdrawn under this Act. 
(3) An application shall not be treated as withdrawn under 
this Act if it, or the designation of the United Kingdom in it, is 
deemed to be withdrawn under the Treaty-
(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. 
(4) For the purposes of the above provisions an application 
shall not be treated as an international application for a patent 
(UK) by reason only of its containing an indication that the 
applicant wishes to obtain a European patent (UK), but an 
application shall be so treated ifit also separately designates the 
United Kingdom. 
(5) If an international application for a patent which 
designates the United Kingdom is refused a filing date under the 
Treaty and the comptroller determines that the refusal was 
caused by an error or omission in an institution having 
functions under the Treaty, he may direct that the application 
shall be treated as an application under this Act, having such 
date of filing as he may direct. 
International and 89A.~I) The provisions of the Patent Co-operation Treaty 
nati~nal.phases of relating to publication, search, examination and amendment, 
applicatIOn. and not those of this Act, apply to an international application 
for a patent (UK) during the international phase of the 
application. 
(2) The international phase of the application means the 
period from the filing of the application in accordance with the 
Treaty until the national phase of the application begins. 
(3) The national phase of the application begins-
(a) when the prescribed period expires, provided any 
necessary translation of the application into English 
has been filed at the Patent Office and the prescribed 
fee has been paid by the applicant; or IP/N/lIGBRlC/l 
Page 234 
SCH.5 c.48 
Adaptation of 
prcvisions in 
relation to 
international 
application. Copyright, Designs and Patents Act 1988 
(b) on the applicant expressly requesting the comptroller 
to proceed earlier with the national phase of the 
application, filing at the Patent Office-
(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, 
and payillg the prescribed fee. 
For this purpose a "copy of the application" includes a CO?y 
published in a(;CordaI1ce with the Tre;ty in a language other 
than that in which it was originally fi!c-d. 
(4) If the prescribed period expires without the conditions 
mentioned in subsection (3)(a) being satisfied, the application 
shall be taken to be withdrawn., 
(5) Where during the international phase the application is 
amended in accordance with the Treaty, the amendment shall 
be treated as made under this Act if-
(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 theT' 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. 
(6) The comptroller shall on payment of the prescribed fee 
publish any translation filed at the Patent Office under 
subsection (3) or (5) above. 
89B.-{ 1) Where an international· application for a patent 
(UK) is accorded a filing date under the Patent Co-operation 
Treaty-
(a) that date, or if the application is re-dated under the 
Treaty to a later date that later date, shall be treated 
as the date of filing the application under this Act, 
(b) any declaration of priority made under the Treaty 
shall be treated as made under section 5(2) above, and 
where in accordance with the Treaty any extra days 
are allowed, the period of 12 months specified in 
section 5(2) shall be treated as altered accordingly, 
and 
(c) any statement of the name of th! inventor under the 
Treaty shall be treated as a statement filed under 
section 13(2) above. 
(2) If the application, not having beer. published under this 
Act, is pub!ished in accordance with the Treaty it shall be 
treated, for purposes other than those mentioned in subsection 
(3), as published under section 16 above when the conditions 
mentioned in section 89A(3)(a) are complied with. IP/N/lIGBRlC/l 
Page 235 
Copyright. Designs and Patents Act 1988 c.48 
(3) For the purposes of section 55 (use of invention for 
service of the Crown) and section 69 (infringement of rights 
conferred by publication) the application, not having been 
published under this Act, shall be treated as published under 
section 16 above-
(a) if it is published in accordance with the Treaty in 
English, on its being so published; and 
(b) ifit is so published in a language other than English­
(i) on the publication of a translation of the 
application in accordance with section 89A(6) 
above, or 
(ii) on the service by the applicant ofa translation 
into English of the specification of the application 
on the government department concerned or, as the 
case may be, on the person committing the 
infringing act. 
The reference in paragraph (b)(ii) to the service of a 
translation on a government department or other person is to 
its being sent by post or delivered to that department or person. 
(4) During the international phase of the application. section 
8 above does not apply (determination of questions of 
entitlement in relation to application under this Act) and 
section 12 above (determination of entitlement in relation to 
foreign and convention patents) applies notwithstanding the 
application; but after the end of the international phase, section 
8 applies and section 12 does not. 
(5) When the national phase begins the comptroller shall 
refer the application for so much of the examination and search 
under section 17 and 18 above as he considers appropriate in 
view of any examination or search carried out under the 
Treaty.". 
Proceedings before the court or the comptroller SCH. 5 
26. In the Patents Act 1977. after section 99 (general powers of the court) 1977 c. 37. 
insert-
"Power of 
Patents Court to 
order report. 
Power of Court 
of Session to 
order report. 99A.-( 1) Rules of court shall make provision empowering 
the Patents Court in any proceedings before it under this Act. 
on or without the application of any party, to order the Patent 
Office to inquire into and report on any question of fact or 
opinion. 
(2) Where the court makes such an order on the application 
of a party, the fee payable to the Patent Office shall be at such 
rate as may be determined in accordance with rules of court and 
shall be costs of the proceedings unless otherwise ordered by the 
court. 
(3) Where the court makes such an order of its own motion, 
the fee payable to the Patent Office shall be at such rate as may 
be determined by the Lord Chancellor with the approval of the 
Treasury anq shall be paid out of money provided by 
Parliament. 
99B.-{I) In any proceedings before the Court of Session 
under this Act the court may, either of its own volition or on the 
application of any party, order the Patent Office to inquire into 
and report on any question of fact or opinion. IP/N/lIGBRlC/l 
Page 236 
SCH.5 
1977 c. 37. c.48 Copyright. Designs and Patents Act 1988 
(2) Where the court makes an order under subsection (1) 
above of its own volition the fee payable to the Patent Office 
shall be at such rate as may be detennined by the Lord President 
of the Court of Session with the consent of the Treasury and 
shall be defrayed out of moneys provided by Parliament. 
(3) ~.vhere the court makes an order under subsection (1) 
above on the application of a party, the fee payable to the 
Patent Office shall be at such rate as may be provided for in 
rules of court and shall be treated as expenses in the cause.". 
27. For section \1)2 of the Patents Act 1977 (right of audience in patent 
proceedings) substitute-
"Right of 
audience, &c. in 
proceedings 
before 
comptroller. 
Right of 
audience, &c. in 
proceedings on 
appeal from the 
comptroller. 102.-(1) A party to proceedings before the comptroller 
under this Act, or under any treaty or international convention 
to which the United Kingdom is.a party, may appear before the 
comptroller in person or be represented by any person whom he 
desires to represent him. 
(2) No )ffence is committed under the enactments relating to 
the preparation of documents by persons not legall~ ~ualified 
by reason only of the preparation by any person of a dO~t.:mel1t, 
other than ~ deed, for use in such proceedings. 
(3) Subsection (1) has effect suhject to rules mad~ under 
section 281 of the Copyright, Designs ~nd Patents Act i 988 
(power of comptroller to refuse to recognise certain agents). 
(4) In its application to proceedings in relation to 
applications for, or otherwise in connection with, European 
patents, this section has effect subject to any restrictions 
imposed by or under the European Patent Convention. 
102A.-{l) A solicitor of the Supreme Court may appear and 
be heard on behalf of any party to an appeal under this Act 
from the comptroller to the Patents Court. 
(2) A registered patent agent or a member of the Bar not in 
actual practice may do, in or in connection with proceedings on 
an appeal under this Act from the comptroller to the Patents 
Court, anything which a solicitor of the Supreme Court might 
do, other than prepare a deed. 
(3) The Lord Chancellor may by rcgulations-
(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 provisiorl may be made for dl!l"erent descriptions 
of proceedings. 
(4) Regulations under this section shcJI i.:>e ~ade by statutory 
instrument which shall be subject to annulment in pursuance of 
a resolution of either House of Parliament. 
(5) This section is without prejudice to the right of counsel to 
appear before the High Court.". IP/N/lIGBRlC/l 
Page 237 
Copyright, Designs and Patents Act 1988 c.48 
Provision of information SeH. 5 
28. In section 118 of the Patents Act 1977 (information about patent 1977 c. 37. 
applications, &c.), in subsection (3) (restriction on disclosure before publication 
of application: exceptions) for "section 22(6)(a) above" substitute "section 22(6) 
above". 
Power to extend time limits 
29. In section 123 of the Patents Act) 977 (rules), after subsection (3) insert­
"(3A) It is hereby declared that rulcs-
(a) authorising 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.". 
A vailabiJir.v of samples of micro-organisms 
30. In the Patents Act 1977 after section 125 insert-
"Disclosure of l25A.-( I) Provision may be made by rules prescribing the 
invention by circumstances in which the specification of an application for a 
specification: patent, or of a patent, for an invention which requires for its 
availability of performance the use of a micro-organism is to be treated as 
samples of micro-disclosing the invention in a manner which is clear enough and organisms. complete enough for the invention to be performed by a person 
skilled in the art. 
(2) The rules may in particular require the applicant or 
patentec-
(a) to take such steps as may be prescribed for the 
purposes of making available to the public samples of 
the micro-organism, and 
(b) not to impose or maintain restrictions on the uses to 
which such samples may be put, except as may be 
prescribed. 
(3) The rules may provide that, in such cases as may be 
prescribed, samples need only be made available to such 
persons or descriptions of persons as may be prescribed; and the 
rules may identify a description of persons by reference to 
whether the comptroller has given his certificate as to any 
matter. 
(4) An application for revocation of the patent under section 
72( I )(c) above may be made if any of the requirements of the 
rules cease to be complied with.". 
SCHEDULE 6 
PROVISIONS FOR THE BENEFIT OF THE HOSPITAL FOR SICK CHILDREN 
Interpretation 
l.-{ I) In this Schedule-
"the Hospital" means The Hospital for Sick Children, Great Ormond 
Street, London. 
"the trustees" means the special trustees appointed for the Hospital under Section 30 I. 
the National Health Service Act 1977; and 1977 c. 49. 
"the work" means the play "Peter Pan" by Sir James Matthew Barrie. IP/N/lIGBRlCIl 
Page 238 
SCH 6 
1977 c. 49. c.48 Copyright, Designs and Patents Act 1988 
(2) Expressions used in this Schedule which are defined for the purposes of Part 
I of this Act (copyright) have the same meaning as in that Part. 
Entitlement to royalty 
2.-( 1) The trustees are entitled, subject to the following provisions of this 
Schedule, to a royalty in respect of any public performance, commercial 
publication, broadcasting or inclusion in a cable programme service of the whole 
or any substantial part of the work or an adaptation of it. 
(2) Where the trustees are or would be entitled to a royalty. another form of 
remuneration may be agreed. 
Exceptions 
3. No royalty is payable in respect of-
(a) anything which immediately before copyr.ight in the work expired on 31 st 
December 1987 could lawfully have been done without the licence, or 
further licence. of the trustees as copyright owners: or 
(b) anything which if copyright still subsisted in the work could, by virtue of 
any provision of Chapter III of Part I of this .'\ct (acts permitted 
notwithstanding copyright), be done without inhr.ging copyright. 
Saving 
4. No royalty is payable in respect of anything done In pursuance of 
arrangements made before the passing of this Act. 
Procedure for deTermining amount payable 
5.-( I) In default of agreement application may be made to the Copyright 
Tribunal which shall consider the matter and make such order regarding the 
royalty or other remuneration to be paid as it may determine to be reasonable in 
the circumstances. 
(2) Application may ~ubsequently be made to the Tribunal to vary its order. 
and the Tribunal shall consider the .'11atter and make such order confirming or 
varying the original ord~r as it may determine to bl! reasonable in ~the 
circumstances. 
(3) An application for variation shall not. except with the special leave of the 
Trinunal. be made within twelve months from the date of the original order or of 
thl'; order on a previous application for variation. 
(4) A variation order has effect from the date on v.'hich it is made or such later 
date as may be specified by the Tribunal. 
Sums receired to he held all Trust 
6. The sums received by the trustees by virtue of this Schedule. after deduction 
of any relevant expenses, shall be held by them on trust for the purposes of the 
Hospital. 
Right onlyJor Thp henefit oJ the Hospital 
7.-( I) The right of t.le trustees under this Schedule may not be assigned and 
shall cease if the trustees purport to assign or charge it. 
(2) The right may not be the subject of an order under section 92 of the 
National Health Service Act 1977 (transfers of trust property by order of the 
Secretary of State) and shall cease if the Hospital ceases to have a separate 
identity or ceases to have purposes which include the care of sick children. Copyright, Designs and Patents Act 1988 IP/N/lIGBRlC/l 
Page 239 
c.48 
(3) Any power of Her Majesty, the court (within the meaning of the Charities SCH 6 
Act 1960) or any other person to alter the trusts of a charity is not exercisable in 1960 c. 58. 
relation.to the trust created by this Schedule. 
SCHEDULE 7 Section 303(1). 
CONSEQUENTIAL AMENDMENTS: GENERAL 
British Mercantile Marine Uniform Act 1919 (c.62) 
I. For section 2 of the British Mercantile Marine Uniform Act 1919 (copyright 
in distinctive marks of uniform) substitute-
"Right in 2. The right of the Secretary of State in any design forming 
registered design part of the British mercantile marine uniform which is 
of distinctive registered under the Registered Designs Act 1949 is not limited 
marks of to the period prescribed by section 8 of that Act but shall uniform. continue to subsist so long as the design remains on the 
register. ". 
Chartered Associations (Protection of Names and Un({orms) Act 1926 (c.26) 
2. In section I (5) of the Chartered Associations (Protection of Names and 
Uniforms) Act 1926 for "the copyright in respect thereof' substitute "the right 
in the registered design". 
Patents. Designs. Copyright and Trade Marks (Emergency) Act 1939 (c.107) 
3.-( 1) The Patents, Designs, Copyright and Trade Marks (Emergency) Act 
1939 is amended as follows. 
(2) In section 1 (effect of licence where owner is ener:1Y or enemy subject)--
(a) in subsection (l) after "a copyright" and "the copyright"' insert "or 
design right"; 
(b) in subsection (2) after "the copyright" insert "or design right" and for 
"or copyright" substitute ", copyright or design right". 
(3) In section 2 (power of comptroller to grant liccnces)-
(a) in subsection (1) after "a copyright", "the copyright" (twice) and "the 
said r:opyright" insert "or design right" and for "or copyright" (twice) 
substitute", copyright or design right"; 
(b) in subsections (2) and (3) for ", or copyright" substitute ", copyright or 
design right"; 
(c) in subsection (4) and in subsection (5) (twice), after "the copyright" 
insert" or design righ t"; 
(d) in subsection (8)(c) for "or work in which copyright subsists" substitute 
"work in which copyright subsists or design in which design right 
subsists". 
(4) In section 5 (effect of war on international arrangements)--
(a) in subsection (1) for "section twenty-nine of the Copyright Act 1911" 
substitute "section 1,59 or 256 of the Copyright, Designs and Patents 
Act 1988 (countries enjoying reciprocal copyright or design right 
protection)"; 
(b) in subsection (2) after "copyright" (four times) insert "or design right" 
and for "the Copyright Act 191 )" (twice) substitute "Part I or III of the 
Copyright, Designs and Patents Act) 988". IP/NI lIGBRlCI 1 
Page 240 
SCH. 7 c.48 Copyright. Designs and Patents Act 1988 
(5) In section 1 O( 1) (interpretation) omit the definition of "copyright", and for 
the definitions of "design", "invention", "patent" and "patentee" substitute-
"'design' has in reference to ~ registered design the same meaning as in 
the Registered Designs Act 1949, and in reference to design right 
the same meaning as in Part III of the Copyright, Designs and 
Patents Act 1988; 
'invention' and 'patent' have the same meaning as in the Patents Act 
1977." . 
Crown Proceedings Act 1947 (c.44) 
4.-{J) In the Crown Proceedings Act 1947 for sect:)n 3 (provisions as to 
industrial property) substitute-
"Infringement of 
intellectual 
property rights. 3.--{ I) Civil proce.edings lie against the Crown for an 
infringement committed by a servant or agent of the Crown, 
with the authority of the Cf()W~. of-
(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 subsectiorl no proceedings lie 
against I.he Crown by virtue of this Act in respect of an 
infringeplent of any of those rights. 
(2) Ncthing in this section, or any other provision of this 
Act, shall be construed as affecting-
(a) the rights of a government department under section 
55 of the Patents Act 1977, Schedule I to the 
Registered Designs Act 1949 or section 240 of the 
Copyright, Designs and Patents Act 1988 (Crown use 
of patents and designs), or 
(b) t!le rights of the Secretary of State under section 22 of 
the Patents Act 1977 or section 5 of the Registered 
Designs Act 1949 (security of information prejudicial 
to defence or public safety).". 
(2) In the application of sub-paragraph (I) to Northern Ireland-
(a) the reference to the Crown Proceedings Act 1947 is to that Act as it 
applies to the Crown in right of Her Majesty's Government in 
Northern Ireland, as well as to the Crown in right of Her Majesty's 
Government in the United Kingdom, and 
(b) in the substituted section 3 as it applies in relation to the Crown in right 
of Her Majesty's Government in Northern Ireland. subsection (2)(b) 
shall be omitted. 
Patents Act 1949 (c.87) 
5. In section 47 of the Patents Act 1949 (r:ghts of third parties in respect of 
Crown ~se of patent), in the closing words of subsection (I) (which relate to the 
lIse of models or documents), after "copyright" insert "or design right". 
Public Libraries (Scotland) Act 1955 (c.27) 
6. In section 4 of the Public Libraries (Sc(;tland) Act 1955 (extension of lending 
power of public librarif:s), make the existing provision subsection (I) and after it 
add-IP/N/lIGBRlC/1 
Page 241 
Copyright, Designs and Patents Act /988 c.48 
"(2) The provisions of Part I of the Copyright, Designs and Patents Act 
1988 (copyright) relating to the rental of copies of sound recordings, films 
and computer programs apply to any lending by a statutory library 
authority of copies of such works, whether or not a charge is made for that 
facility.". 
London County Council (General Powers) Act 1958 (c.xxi) 
7. In section 36 of the London County Council (General Powers) Act 1958 
(power as to libraries: provision and repair of things other than books) for 
subsection (5) substitute-
"(5) Nothing in this section shall be construed as authorising an 
infringement of copyright.". 
Public Libraries and Museums A'ct 1964 (c.75) 
8. In section 8 of the Public Libraries and Museums Act 1964 (restrictions on 
charges for library facilities), after subsection (5) add-
"(6) The provisions of Part I of the Copyright, Designs and Patents Act 
1988 (copyright) relating to the rental of copies of sound recordings, films 
and computer programs apply to any lending by a library authority of 
copies of such works, whether or not a charge is made for that facility.". 
Marine, &c., Broadcasting (Offences) Act 1967 (c.41) 
9. In section 5 of the Marine, &c., Broadcasting (Offences) Act 1967 (provision 
of material for broadcasting by pirate radio stations}-
(a) in subsection (3)(a) for the words from "cinematograph film" to "in the 
record" substitute "film or sound recording with intent that a 
broadcast of it"; and 
(b) in subsection (6) for the words from "and references" to the end 
substitute "and "film", "sound recording", "literary, dramatic or 
musical work" and "artistic work" have the same meaning as in Part I 
of the Copyright, Designs and Patents Act 1988 (copyright)". 
Medicines Act 1968 (c.67) 
10.-( I) Section 92 of the Medicines Act 1968 (scope of provisions restricting 
promotion of sales of medicinal products) is amended as follows. 
(2) In subsection (1) (meaning of "advertisement") for the words from "or by 
the exhibition" to "service" substitute "or by means ofa photograph, film, sound 
recording, broadcast or cable programme,". 
(3) In subsection (2) (exception for the spoken word}-
(a) in paragraph (a) omit the words from "or embodied" to "film"; and 
(b) in paragraph (b) for the words from "by way of' to the end substitute 
"or included in a cable programme service". 
(4) For subsection (6) substitute-
"(6) In this section 'film', 'sound recording', 'broadcast', 'cable 
programme', 'cable programme service', and related expressions, have the 
same meaning as in Part I of the Copyright, Designs and Patents Act 1988 
(copyright)." . SCH. 7 IP/NIlIGBRlCI1 
Page 242 
SCH. 7 
1984 c. 35. c.48 Copyright, Designs and Patents Act 1988 
Post Office Act 1969 (c.48) 
11. In Schedule 10 to the Post Office Act 1969 (special transitional provisions 
relating to use of patents and registered designs), in the closing words of 
paragraphs 8( I) and 18{ 1) (which relate to the use of models and documents), 
after "copyright" insert "or design right". 
Merchant Shipping Act 1970 (c.36) 
12. In section 87 of the Merchant Shipping Act 1970 (merchant navy unifonn), 
for subsection (4) substitute-
"(4) \\'here any design forming part of the merchant navy unifonn has 
been registerl!d under the Registered Designs Act 1949 and the Secretary of 
State is the proprietor of the design, his right in the design is not limited to 
the period prescribed by section 8 of that Act but shall continue to subsist 
so long as the design remains registered.". 
Taxes Management Act 1970 (c.9) 
13. In section 16 of dle Taxes Management Act 1970 (returns to be made in 
respect of certain payrr:ents)-
(a) in subsection (I)(c), and 
(b) in subsection (2){b), 
for "or public lending right" substitute" public lending right, right In a 
registered design or design right". 
Tribundls and Inquiries Act 1971 (c.62) 
14. In Part I of Schedule I to the Tribunals and Inquiries Act 1971 (tribunals 
under direct supervision of Council on Tribunals) renumber the entry inserted by 
the Data Protection Act 1984 as "58" and before it insert-
"Copyright. 5A. The Copyright Tribunal." 
Fair Trading Act 1973 (c.41) 
15. In Schedule 4 to the Fair Trading Act 1973 (excluded services), for 
paragraph 10 (services of patent agents) substitute-
"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 1 OA (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) 
16. In Part II of Schedule I to the House of Commons Disqualification Act 
1975 (bodies of which all members are disqualified), at the appropriate place 
insert "The Copyright Tribunal". 
Northern Ireland Assembly Disqualification Act 1975 (c.25) 
17. In Part II of Schedule I to the Northern Ireland Assembly Disqualification 
Act 1975 (bodies of which all members are disqualified), at the appropriate place 
insert "The Copyright Tribuna'''. 
Restrictive Trade Practices Act 1976 (c.34) 
18.-{ 1) The Restrictive Trade Practices Act 1976 is amended as follows. IP/N/lIGBRlC/l 
Page 243 
Copyright, Designs and Patents Act 1988 c.48 
(2) In Schedule 1 (excluded services) for paragraph 10 (services of patent 
.. ,agents) substitute-
"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 lOA (services of European patent attorneys) for "section 84(7) 
of the Patents Act 1977" substitute "Part V of the Copyright, Designs and 
P.atents Act 1988". 
(3) In Schedule 3 (excepted agreements), after paragraph SA insert­
"Design right 
S8.-(I) This Act does not apply to--
(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( I) above are made, 
except in respect of articles made to the design; but subject to the following 
provisions. 
(2) Sub-paragraph (1) does not exclude a licence, assignment or 
agreement which is a design pooling agreement or is granted or made 
(directly or indirectly) in pursuance of a design pooling agreement. 
(3) In this paragraph a 'design pooling agreement' means an 
agreement-
(a) to which the parties are or include at least three persons 
(the "principal parties") each of whom has an interest in one or 
more design rights, and 
(b) by which each principal party agrees, in respect of design right in 
which he has, or may during the currency of the agreement 
acquire, an interest to grant an interest (directly or indirectly) to 
one or more of the other principal parties, or to one or more of 
those parties and to other persons. 
(4) In this paragraph-
'assignment', in Scotland, means assignation; and 
'interest' means an interest as owner or licensee of design right. 
(S) This paragraph applies to an interest held by or granted to more than 
one person jointly as if they were one person. 
(6) References in this paragraph to the granting of an interest to a person 
indirectly are to its being granted to a third person for the purpose of 
enabling him to make a grant to the person in question.". 
Resale Prices Act 1976 (c. 53) 
19. In section 10(4) of the Resale Prices Act 1976 (patented articles: articles to 
be treated in same way), in paragraph (a) after "protected" insert "by design 
right or". 
Patents Act 1977 (c. 37) 
20. In section 57 of the Patents Act 1977 (rights of third parties in respect of 
Crown use of patent), in the closing words of subsection (l) (which relate to the 
use of models or documents), after "copyright" insert "or design right". SCH. 7 IP/NIlIGBRlC/l 
Page 244 
SCH. 7 c.48 Copyright. Designs and Patents Act 1988 
21. In section 105 of the Patents Act 1977 (privilege in Scotland for 
communications relating to patent proceedings), omit "within the meaning of 
section 104 above", make the existing text subsection (I) and after it insert-
"(2) In this section-
"patent proceedings" means proceedings under this Act or any of the 
relevant conventions, before the court, the comptroller or the 
relevant convention court, whether contested or uncontested and 
including an application for a patent; and 
"the relevant conventions" means the European Patent Convention, 
the Community Patent Convention and the Patent Co-operation 
Treaty.". 
22. In section 123(7) of the Patents Act 1977 (publication of case reports by the 
comptroller~ 
(a) for "and regislered designs" substitute "registered designs or design 
right" , 
(b) for "and copyright" substitute ... copyright and design right". 
23. In section 130( I) of the Patents Act 1977 (interrretalion), in the definition 
of "court", for paragraph (a) substitute--
"(a) as respects England and \Vaie~, the High Court or a'1y 
patents county court having jurisdictIon by virtue of an order 
under section 287 of the Copyright, Designs and Patents Act 
1988;" . 
Unfair Contract Terms Act 1977 (c. 50) 
24. In paragraph 1 of Schedule I to the Unfair Contract Terms Act 1977 (scope 
of main provisions: excluded contracts), in paragraph (c) (contracts relating to 
grant or transfer of interest in intellectual property) after "copyright" insert "or 
design right". 
JudiC(T/ure ( Northern Ireland) Act 197.8 (c. 23) 
25. In section 94A er the Judicature (Northern Ireland) Act 1978 (withdrawal 
of pri':il ~6e .1gaimt self-incrimination in certain proceedings relating to 
intellxtu.ll pr'Jrfrty), in subsection (5) (meaning of "intellectual property") after 
"copyright" i'1sert "vr design right". 
Capital Gains Tax Act 1979 (c. 14) 
26. In section 18(4) of the Capital Gains Tax Act 1979 (situation of certain 
assets for purposes of Act), for paragraph (h) (intellectual property) substitute-
"(ha) patents, trade marks, service marks and registered designs are situated 
where they are registered, and if registered in more than one register, 
where each register IS situated, ;,md rights or licences to use a patent, 
trade mark, service mark or regi~tered design are situated in the United 
Kingdor 1 if t".ey or .. ny right derived from them are exercisable in the 
United KinE~:>m, 
(hb) copyright, de~ign right and franchises, and rights or licences to use any 
copyright work or design in which design right subsists, are situated in 
the United Kingdom if they or any right derived from them are 
exercisable in the United Kingdom,". IP/N/lIGBRlC/l 
Page 245 
Copyright, Designs and Patents Act 1988 c.48 
British Telecommunications Act 1981 (c. 38) 
27. In Schedule 5 to the British Telecommunications Act 1981 (special 
transitional provisions relating to use of patents and registered designs), in the 
closing words of paragraphs 9(1) and 19(1) (which relate to the use of models and 
documents), after "copyright" insert "or design right". 
Supreme Court Act 1981 (c. 54) 
28.--{ I) The Supreme Court Act 1981 is amended as follows. 
(2) In section 72 (withdrawal of privilege against self-incrimination in certain 
proceedings relating to intellectual property), in subsection (5) (meaning of 
"intellectual property") after '\:opyright" insert", design right". 
(3) In Schedule I (distribution of business in the High Court), in paragraph 
I(i) (business assigned to the Chancery Division: causes and matters relating to 
certain intellectual property) for "or copyright" substitute", copyright or design 
right" . 
Broadcasting Act 1981 (c. 68) 
29.--(1) The Broadcasting Act 1981 is amended as follows. 
(2) In section 4 (general duties of IBA as regards programmes) for subsection 
(7) substitute-
"(7) For the purpose of maintaining supervision and control over the 
programmes (including advertisements) broadcast by them the Authority 
may make and use recordings of those programmes or any part of them.". 
(3) In section 20(9), omit paragraph (a). 
Cable and Broadcasting Act 1984 (c. 46) 
30.--(1) The Cable and Broadcasting Act 1984 is amended as follows. 
(2) In section 8, omit subsection (8). 
(3) In section 49 (power of Secretary of State to give directions in the public 
interest), for subsection (7) substitute-
"(7) For the purposes of this section the place from which a broadcast is 
made is, in the case of a satellite transmission, the place from which the 
signals carrying the broadcast are transmitted to the satellite.". 
(4) In section 56(2) (interpretation) omit the definition of "the 1956 Act". 
Companies Act 1985 (c. 6) 
31.--{ 1) Part XII of the Companies Act 1985 (registration of charges) is 
amended as follows. 
(2) In section 396 (registration of charges in England and Wales: charges 
which must be registered), in subsection (1)(j) for the words from "on a patent" 
to the end substitute "or on any intellectual property", and after subsection (3) 
insert-
"(3A) The following are 'intellectual property' for the purposes of this 
section-
(a) any patent, trade mark, service mark, registered design. copyright 
or design right~ 
(b) any licence under or in respect of any such right.". 
(3) In section 410 (registration of charges in Scotland: charges which must 
be registered), in subsection (4)(c) (incorporeal moveable property) after 
subparagraph (vi) insert-SCH. 7 IP/NIlIGBRlCI 1 
Page 246 
SCH. 7 c.48 Copyright, Designs and Patents Act 1988 
"(vii) a registered design or a licence in respect of such a design, 
(viii) a design right or a licence under a design right,". 
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) 
32. In section 15 of the Law Refonn (Miscellaneous Provisions) (Scotland) 
Act 1985 (withdrawal of privilege against self-incrimination in certain 
proceedings relating to intellectual property), in subsection (5) (meaning of 
"intellectual property") after "copyright" insert "or design right". 
A 'omic Energy Authority Act 1986 (c. 3) 
33. In ~ection 8(2) of the Atomic Energy Authority Act 1986 (powers of 
Authority as to exploitation of research: meaning of "intellectual property"), 
after "copyrights" insert", design rights". 
Education and Libraries (Northern Ireland) Order 1986 (S.J. 1986/594 
(N.l.3) ) 
34. In Article 77 of the Education and Libraries (Northern Ireland) Order 
1986 (charges for Iibr~ry services), after paragraph (2) add-
"(3) The provisions of Pc.rt I of the Copyright, Designs and Patents Act 
1988 (copyright) relating to the rental of ,:op:es of sound recordings, films 
and computer pwgrams apply to any lendinf; by a hoard of copies of such 
works, whether or not a charge is made for that facility.". 
Companies ( Northern Ireland) Order 1986 (S.I. 1986/1032 ( N.I.6)) 
35. In Article 403 of the Companies (Northern Ireland) Order 1986 
(registration of charges: charges which must be registered), in paragraph (1)U) for 
the words from "on a patent" to the end substitute "or on any intellectual 
property", and after paragraph (3) insert-
"(3A) The following are "intellectual property" for the purposes of 
this Article-
(a) any patent, trade mark, service mark. registered design, copyright or 
design right; 
(b) any licence under or in respect of any such right.". 
Income and Corporation Taxes Act 1988 (c. 1) 
36.-(1) The Income and Corporation Taxes Act 1988 is amended as follows. 
(2) In section 83 (fees and expenses deductible in computing profits and gains 
of trade) for "the extension of the period of copyright in a design" substitute 
"an extension of the period for which the right in a registered design subsists". 
(3) In sectiJn 10Z (charge on receipts after disc')ntinuance of trade, profession 
or vocation), in suhsection (3) (sums to which the section does not apply), after 
paragraph (b) insert-
"(bb) a lump sum paid to the personal representatives of the designer of a 
design in which design right sub3ists as consideration for the 
assignment by them, 'wholly or partiaily, of that right.". 
(4) In section 387 (carry forward as losses of certain payments made under 
dedLction of tax), in subsection (3) (payments to which the section does not 
apply), in paragraph (e) (copyright royalties) after "applies" insert "or royalties 
in respect of a right in a design to which section 5378 applies". IP/NIlIGBRlC/l 
Page 247 
Copyright, Designs and Patents Act 1988 c.48 
(5) In section 536 (taxation of copyright royalties where owner abroad), for the 
definition of "copyright" in subsection (2) substitute-
"'copyright' does not include copyright in-
(i) a cinematograph film or video recording, or 
(ii) the sound-track of such a film or recording, so far as it is not 
separately exploited; and". 
(6) In Chapter I of Part XIII (miscellaneous special provisions: intellectual 
property), after section 537 insert-
Relief for 
payments in 
respect of designs. "Designs 
537A.-(I) Where the designer of a design in which design 
right subsists assigns that right, or the author of a registered 
design assigns the right in the design, wholly or partially, or 
grants an interest in it by licence, and-
(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. 
(2) If the period for which he was engaged in the creation of 
the design does not exceed 24 months, then, for all income tax 
purposes, one-half only of the amount of the payment shall be 
treated as having become receivable on the date on which it 
actually became receivable and the remaining half shall be 
treated as having become receivable 12 months before that date. 
(3) If the period for which he was engaged in the creation of 
the design exceeds 24 months, then, for all income tax purposes, 
one-third only of the amount of the payment shall be treated as 
having become receivable on the date on which it actually 
became receivable, and one-third shall be treated as having 
become receivable 12 months, and one-third 24 months, before 
that date. 
(4) This section' applies to-
(a) a lump sum payment, including an advance on account 
of royalties which is not returnable, and 
(b) any other payment of or on account of royalties or 
sums payable periodically which does not only 
become receivable more than two years after articles 
made to the design or, as the case may be, articles to 
which the design is applied are first made available for 
sale or hire. 
(5) A claim under this section with respect to any payment to 
which it applies by virtue only of subsection (4)(b) above shall 
have effect as a claim with respect to all such payments in 
respect of rights in the design in question which are receivable 
by the claimant, whether before or after the claim; and such a 
claim may be made at any time not later than 5th April next 
following the expiration of eight years after articles made to the 
design or, as the case may be, articles to which the design is 
applied were first made available for sale or hire. SCH. 7 IP/NIlIGBRlCI 1 
Page 248 
SCH.7 c.48 
Taxation of 
design royalties 
where owner 
abroad. Copyright, Designs and Patents Act 1988 
(6) In this section-
(a) "designer" includes a joint designer, and 
(b) any reference to articles being made available for sale 
or hire is to their being so made available anywhere in 
the world by or with th(. licence of the design right 
owner or, as the case may be, the proprietor of the 
registered design. 
537B.-(I) Where the usual place of abode of the owner ofa 
right in a design is not within the United Kingdom, section 
349(1) shall apply to any payment of or on account of any 
royalties or sums paid periodically for or in respect of that right 
as it applies to annual payments not payable out of profits or 
gains brought into charge to income tax. 
(2) In subsection (I) above-. 
(a) "right in a design" means design right or the right in a 
registered design, 
(b) the reference to the owner of a right includes a person 
who, notwithstanding that he has assigned the right to 
some other person, is entitled to receive periodical 
payments in respect of the right, and 
(c) the reference to royalties or other sums paid 
periodically for or in respect of a right does not 
include royalties or sums paid in respect of articles 
which are shown on a claim to have been exported 
from the United Kingdom for distribution outside the 
United Kingdom. 
(3) Where a payment to which subsection (I) above applies is 
made through an agent resident in the United Kingdom and 
that agent is entitled as against the owner of the right to deduct 
any sum by way of commission in respect of services rendered, 
the amount of the payment shall for It-te purposes of ~~ction 
349(1) be taken to be diminished by the sum which the agent is 
entitled to deduct. 
(4) Where the person by or through whom the payment is 
made does not know that any such commission is payable or 
does not know the amount of any such commission, any income 
tax deducted by or assessed and charged on him shall be 
computed in the first instance on, and the account to be 
delivered of the payment shall be an account of, the total 
amount of the payment without regard being had to any 
diminution thereof, and in that case, on proof of the facts on a 
claim, there shall be made to the agent on behalf of the owner 
of the right such repayment of income tax as is proper in respect 
of the sum deducted by way of commiSSIOn. 
(5) The time of the making ofa payment to which subsection 
(I) above applies shC:lil. for all tax purp(Jses, be taken to be the 
time wh~n it is mad\.: ~y the person by w~,om it is f.rst made and 
not t:1(" time when it i$ nade by or through any other person. 
(6) Ar.y agreement fOi the making of any payment to which 
subsection (I) above applies in full and without deduction of 
income tax shall be void.". IP/NIlIGBRlCI 1 
Page 249 
Copyright, Designs and Patents Act 1988 c.48 
(7) In section 821 (payments made und!!r deduction of tax before passing of 
Act imposing income tax for that year). in subsection (3) (payments subject to 
adjustment) after paragraph (a) insert-
"(aa) any payment for or in -respect of a right in a design to which section 
5378 applies; and". 
(8) In Schedule 19 (apportionment of income of close companies), in 
paragraph 10(4) (cessation or liquidation: debts taken into account although 
creditor is participator or associate), in paragraph (c) (payments for use of 
certain property) for the words from "tangible property" to "extend)" 
substitute-
(i) tangible property, 
(ii) copyright in a literary, dramatic, musical or artistic work 
within the meaning of Part I of the Copyright, Designs and Patents 
Act 1988 (or any similar right under. the law of a country to which 
that Part does not extend), or 
(iii) design right,". 
(9) In Schedule 25 (taxation of UK-controlled foreign companies: exempt 
activities), in paragraph 9(1 )(a) (investment business: holding of property) for 
"patents or copyrights" substitute "or intellectual property" and after that 
subparagraph insert-
"(lA) In sub-paragraph (l)(a) above 'intellectual property' means 
patents, registered designs, copyright and design right (or any similar rights 
. under the law of a country outside the U ni ted Kingdom).". 
Chapter 
1939 c. 107. 
1945 c. 16. 
1949 c. 88. SCHEDULE 8 
REPEALS 
Short title 
Patents, Designs, Copyright 
and Trade Marks 
(Emergency) Act 1939. 
Limitation (Enemies and 
War Prisoners) Act 1945. Extent of repeal 
In section I O( I), the 
definition of "copyright". 
In sections 2( 1) and 4(a), the 
reference to section 10 of 
the Copyright Act 1911. 
Registered 
1949. Designs Act 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). SeH. 7 
Section 303(2). IP/NI1/GBRlCI 1 
Page 250 
SCH.8 c.48 Copyright, Designs and Patents Act 1988 
Chapter Short title Extent of repeal 
1949 c. 88.-Registered Designs Act Section 48( I). 
con!. 1949.-con!. 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 ~ hole Act. 
1957 c. 6. 
1957 c. 60. 
1958 c. 44. 
1958c.51. 
1960 c. 52. 
1960 c. 55. 
1961 c. I. 
1961 c. 16. 
1961 c. 25. 
1962 c. 40. 
1962 c. 54. 
1963 c. 53. 
1964 c. 46. 
1964 c. 65. 
1964 c. 86. 
1964 c. 93. 
1966 c. 24. 
1966 c. 37. 
1967 c. 80. 
1968 c. 56. Ghana Independence Act In Schedule 2, paragraph 12. 
1957. 
Federation of Malay" In Schedule I, paragraphs 14 
Independence Act 1957. and 15. 
Dramatic and Musical The whole Act. 
Performers' Protection' 
Act 1958. 
Public Records Act 1958. Section 11. 
Schedule 3. 
Cyprus Independence Act In the Schedule, paragraph 
1960. 13. 
Nigeria Independence Act In Schedule 2. paragraphs 12 
1960. and 13. 
Tanganyika Independence In Schedule 2, paragraphs 13 
Act lQ61. and 14. 
Sierra Leone Independence In Schedule 3. paragraphs 13 
Act 1961. and 14. 
Patents and Designs The \\'hole Act. 
(Renewals, Extensions 
and Fees) Act 1961. 
Jamaica Independence Act In Schedule 2. paragraph 13. 
1962. 
Trinidad and Tobago In Schedule 2. paragraph 13. 
Independence Act 1962. 
Performers' Protection Act The whole Act. 
1963. 
Malawi Independence Act In Schedule 2, paragraph 13. 
1964. 
Zambia Independence Act In Schedule I, paragraph 9. 
1964. 
Malta Independence Act In Schedule I, paragraph 11. 
1964. 
Gambia Independence Act In Schedule 2, paragraph 12. 
1964. 
Lesotho Independence Act In the Schedule, paragraph 
1966. 9. 
Barbc..dos Independence Act In Schedule 2, paragraph 12. 
1966. 
Criminal J.ustice Act 1967. In Parts I and IV of Schedule 
3, the entries relating to 
the Registered Designs 
Act 1949. 
Swaziland Independence In the Schedule, paragraph 
Act 1968. 9. Chapter 
1968 c. 67. 
1968 c. 68. 
1971 c. 4. 
1971 c. 23. 
1971 c. 62. 
1972 c. 32. 
1975 c. 24. 
1975 c. 25. 
1977 c. 37. 
1979 c. 2. 
1980 c. 21. 
1981 c. 68. 
1982 c. 35. IP/N/lIGBRlC/1 
Page 251 
Copyright, Designs and Patents Act 1988 c.48 
Short title Extent of repeal 
Medicines Act 1968. In section 92(2)(a), the 
words from "or 
embodied" to "film". 
Section 98. 
Design Copyright Act 1968. The whole Act. 
Copyright (Amendment) The whole Act. 
Act 1971. 
Courts Act 1971. In Schedule 9, the entry 
relating to the Copyright 
Act 1956. 
Tribunals and Inquiries Act In Schedule I, paragraph 24. 
1971. 
Performers' Protection Act· The whole Act. 
1972. 
House of Commons 
Disqualification Act 1975. 
Northern Ireland Assembly 
Disqualification Act 1975. 
Patents Act 1977. 
Customs and Excise 
Management Act 1979. 
Competition Act 1980. 
Broadcasting Act 1981. 
Copyright Act 1956 
(Amendment) Act 1982. In Part II of Schedule I, the 
entry relating to the 
Performing Right 
Tribunal. 
In Part II of Schedule I, the 
entry relating to the 
Performing Right 
Tribunal. 
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 1 04 above". 
Sections 114 and 115. 
Section 123(2)(k). 
In section 130( I), 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( I)" and 
"in each case", and 
paragraphs 7 and 8. 
In Schedule 4, the entry 
relating to the Copyright 
Act 1956. 
Section 14. 
Section 20(9)(a). 
The whole Act. SCH.8 IP/N/lIGBRlC/l 
Page 252 
SCH.8 c.48 Copyright, Designs and Patents Act 1988 
Chapter Short title Extent of repeal 
1983 c. 42. 
1984 c. 46. 
1985 c. 21. 
1985 c. 41. 
1985 c. 61. 
1986 c. 39. 
1988 c. 1. Copyright (Amendment) The whole Act. 
Act 1983. 
Cable and Broadcasting Act 
1984. 
Films Act 1985. 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), 
definition of "the 
Act". the 
1956 
In Schedule 5, paragraphs 6, 
7,13 and 23. 
Section 7(2). 
Copyright (Computer Soft-. The whole Act. 
ware) A.'11endment Act 
1985. 
AO;Toinistration of Justice 
~ct 1985. 
Patents, Designs and Marks 
Act 1986. 
Income and Corporation 
Taxes Act 1988. 
Printed in the United Kingdom for H~lS0 Section 60. 
In ~chedule 2, paragraph 
1 (2 I(a), In r·1raGraph 
1(2;(k) the words 
"subse.:tion (1 )(;) of 
section 396 and" and in 
paragraph 1(2)(1) the 
words "subsection (2)(i) 
of section 93". 
In Schedule 29, paragraph 5. 
Dd 5064651 6/95 CI5 51.0.0. 56219 00: )27322 
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