S T A T U T O R Y  I N S T R U M E N T S  
2016 No. 1139 (C. 78) 
INTELLECTUAL PROPERTY 
The Intellectual Property Act 2014 (Commencement No . 5 and 
Saving Provisions) Order 2016 
Made  - - - - 21st November 2016 
The Secretary of State, in exercise of the powers c onferred by sections 23(1)(b) and 24(1) and (2) 
of the Intellectual Property Act 2014( a), makes the following Order: 
Citation 
1.  This Order may be cited as the Intellectual Proper ty Act 2014 (Commencement No. 5 and 
Saving Provisions) Order 2016. 
Section 22 of the Intellectual Property Act 2014 
2.  Section 22 (recognition of foreign copyright works  and performances) of the Intellectual 
Property Act 2014 comes into force on 1st December 2016 for the purposes of making Orders in 
Council under the provisions which are amended by s ubsections (4), (5), (6), (7) and (8) of that 
section. 
3.  Section 22 of the Intellectual Property Act 2014 c omes into force on 6th April 2017 for all 
remaining purposes. 
Saving 
4. —(1) For the purposes of this article an act is an “excluded act” where— 
(a)  a person (A) has incurred any expenditure or liabil ity in connection with the act; and 
(b)  A— 
(i)  began in good faith to do the act, or 
(ii)  made in good faith effective and serious preparatio ns to do the act, 
at a time when the act neither infringed nor was re stricted by the relevant rights in the 
work or performance. 
(2)  Where another person (B) acquires those relevant ri ghts as a consequence of the provisions 
made by section 22 of the Intellectual Property Act  2014, on or after the coming into force of that 
section under article 3 of this Order, A has the ri ght— 
(a)  to continue to do the excluded act, or 
(b)  to do the excluded act, 
notwithstanding that the excluded act infringes or is restricted by those relevant rights. 
                                                                                                                                            
(a) 2014 c.18.  2(3)  Where B or, as the case may be, B’s exclusive licen see in respect of the relevant rights pays 
reasonable compensation to A, paragraph (2) no long er applies. 
(4)  Where— 
(a)  B or, as the case may be, B’s exclusive licensee of fers to pay compensation to A under 
paragraph (3), but 
(b)  A and B or, as the case may be, B’s exclusive licen see cannot agree on what 
compensation is reasonable, 
either person may refer the matter to arbitration. 
(5)  In this article— 
(a)  “exclusive licensee” means a licensee under an excl usive licence (as defined in section 
92(1) or 191D(1) of the Copyright, Designs and Pate nts Act 1988( a)); and 
(b)  “relevant rights” means copyright (as defined in se ction 1 of the Copyright, Designs and 
Patents Act 1988), the rights conferred by Chapter 4 of Part 1 (moral rights) of that Act 
and the rights conferred by Part 2 of that Act. 
(6)  This article extends to England and Wales, Scotland  and Northern Ireland. 
 
 
 
 
 
 
 Neville-Rolfe  
 Minister of State for Energy and Intellectual Prope rty 
21st November 2016 Department for Business, Energy and Industrial Strategy 
 
 
 
EXPLANATORY NOTE 
(This note is not part of the Order) 
This Order brings into force section 22 of the Inte llectual Property Act 2014 which makes certain 
amendments to provisions of the Copyright, Designs and Patents Act 1988 (“the Act”) relating to 
the recognition of foreign copyright works and perf ormances. Section 22 is brought into force on 
1st December 2016 for the purpose of making Orders in Council under the provisions which are 
substituted by subsection (4) of that section (sect ion 159 of the Act) and the provisions which are 
substituted, inserted or omitted by subsections (5) , (6), (7) and (8) (which relate to the provisions 
in sections 206(1) and (4) to (6) and 208(5) of the  Act). Section 22 is brought into force for 
remaining purposes on 6th April 2017. 
 
NOTE AS TO EARLIER COMMENCEMENT ORDERS 
(This note is not part of the Order) 
Provision Date of Commencement S.I. No. 
Section 1 1st October 2014 2014/2330 (C.100) 
Section 2 1st October 2014 2014/2330 (C.100) 
Section 3 1st October 2014 2014/2330 (C.100) 
Section 4 1st October 2014 2014/2330 (C.100) 
Section 5 1st October 2014 2014/2330 (C.100) 
Section 6 1st October 2014 2014/2330 (C.100) 
                                                                                                                                            
(a) 1988 c.48. Section 191D was inserted by regulatio ns 4 and 21(1) of the Copyright and Related Rights Regulations 1996 S.I. 
1996/2967.  3Section 7 1st October 2014 2014/2330 (C.100) 
Section 8 1st October 2014 2014/2330 (C.100) 
Section 9(1) 1st October 2014 2014/2330 (C.100) 
Section 10(1) 1st October 2014 2014/2330 (C.100) 
Section 10(2) (partially) 15th July 2014 2014/1715 (C.74) 
Section 10(2) (remaining purposes) 6th April 2015 2 015/165 (C.6) 
Section 10(3) to (11) 6th April 2015 2015/165 (C.6)  
Section 11 1st October 2014 2014/2330 (C.100) 
Section 12 1st October 2014 2014/2330 (C.100) 
Section 13 1st October 2014 2014/2330 (C.100) 
Section 14 1st October 2014 2014/2330 (C.100) 
Section 15 1st October 2014 2014/2330 (C.100) 
Section 16 1st October 2014 2014/2330 (C.100) 
Section 17 1st October 2014 2014/2330 (C.100) 
Section 18 1st October 2014 2014/2330 (C.100) 
Section 19 and the Schedule 1st October 2014 2014/2 330 (C.100) 
Section 20 1st October 2014 2014/2330 (C.100)  
Section 21 1st October 2014 2014/2330 (C.100) 
Section 23 1st August 2014 2014/2069 (C.94) 
 
  
  
© Crown copyright 2016 
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UK2016112314   11/2016   19585 
http://www.legislation.gov.uk/id/uksi/2016/1139  
