C1Part III Design Right
Chapter V Miscellaneous and General
Interpretation
258 Construction of references to design right owner.
1
Where 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 Joint designs.
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 a joint design as references to all the designers of the design.
260 Application of provisions to articles in kit form.
1
The provisions of this Part apply in relation to a kit, that is, a complete or substantially complete set of components intended to be assembled into an article, as they apply in relation to the assembled article.
2
Subsection (1) 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 Requirement of signature: application in relation to body corporate.
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 223(1) (assignment of future design right),
section 225(1) (grant of exclusive licence).
262 Adaptation of expressions in relation to Scotland.
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;
F9“declaration” means “declarator”;
“defendant” means defender;
“delivery up” means delivery;
“injunction” means interdict;
“interlocutory relief” means interim remedy; and
“plaintiff” means pursuer.
263 Minor definitions.
1
In this Part—
“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 F5... the designer is employed;
“business” includes a trade or profession;
F6...
“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 F1and the Crown in right of the Scottish AdministrationF2and the Crown in right of the Welsh Assembly Government;
“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 F3and any part of the Scottish AdministrationF4and any part of the Welsh Assembly Government.
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.
264 Index of defined expressions.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—
account of profits and accounts (in Scotland) | section 262 |
assignment (in Scotland) | section 262 |
British designs | section 263(1) |
business | section 263(1) |
commercial purposes | section 263(3) |
F7. . . | F7. . . |
the comptroller | section 263(1) |
computer-generated | section 263(1) |
costs (in Scotland) | section 262 |
country | section 263(1) |
the Crown | section 263(1) |
Crown use | sections 240(5) and 244(2) |
defendant (in Scotland) | section 262 |
delivery up (in Scotland) | section 262 |
design | section 213(2) |
design document | section 263(1) |
designer | sections 214 and 259(2) |
design right | section 213(1) |
design right owner | sections 234(2) and 258 |
employee, employment and employer | section 263(1) |
exclusive licence | section 225(1) |
government department | section 263(1) |
government department concerned (in relation to Crown use) | section 240(5) |
infringing article | section 228 |
injunction (in Scotland) | section 262 |
interlocutory relief (in Scotland) | section 262 |
joint design | section 259(1) |
licence (of the design right owner) | sections 222(4), 223(3) and 258 |
making articles to a design | section 226(2) |
marketing (and related expressions) | section 263(2) |
original | section 213(4) |
plaintiff (in Scotland) | section 262 |
F8. . . | F8. . . |
qualifying person | sections 217(1) and (2) |
signed | section 261 |
Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch. (as amended (1.1.2024) by S.I. 2023/1285, regs. 1(2), 2(2))