Copyright, Designs and Patents Act 1988

Qualification for protection and extent

206Qualifying countries, individuals and persons

(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 under section 208 so provides, a country designated under that section as enjoying reciprocal protection;

• “qualifying individual” means a citizen or subject of, or an individual resident in, a qualifying country; and

• “qualifying person” means a qualifying individual or a body corporate or other body having legal personality which—

  (a)

  is formed 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)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.

207Countries to which this Part extends

This Part extends to England and Wales, Scotland and Northern Ireland.

208Countries enjoying reciprocal protection

(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 country which is a party to a Convention relating to performers' rights to which the United Kingdom is also a party.

(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 (1)(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 (1)(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 pursuance of a resolution of either House of Parliament.

209Territorial waters and the continental shelf

(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.

(3)The United Kingdom sector of the continental shelf means the areas designated by order under section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964.

210British ships, aircraft and hovercraft

(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 Merchant Shipping Acts (see section 2 of the [1988 c. 12.] Merchant 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.