C1Part III Design Right
Chapter IV Jurisdiction of the Comptroller and the Court
Jurisdiction of the comptroller
247 Application to settle terms of licence of right.
1
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 of licence 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.
4
In settling the terms 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 resolution 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.
Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch.