Copyright, Designs and Patents Act 1988

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 enemy or enemy subject)—

(a)in subsection (1) 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 licences)—

(a)in subsection (1) after “a copyright”, “the copyright” (twice) and “the said copyright” 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 right”;

(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 159 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 1911” (twice) substitute “Part I or III of the Copyright, Designs and Patents Act 1988”.

(5)In section 10(1) (interpretation) omit the definition of “copyright”, and for the definitions of “design”, “invention”, “patent” and “patentee” substitute—

““design” has in reference to a 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.”.