SupplementalU.K.

44 Interpretation.U.K.

(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned by them, that is to say

  • F1. . .

  • F2. . .

  • F2. . .

  • “assignee” includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person;

  • [F3 “ author ”in relation to a design, has the meaning given by section 2(3) and (4); ]

  • F4. . .

  • F2. . .

  • [F5 “ the court ” shall be construed in accordance with section 27 of this Act; ]

  • F6. . .

  • [F7“complex product” has the meaning assigned to it by section 1(3) of this Act;]

  • “design” has the meaning assigned to it by [F8[F9section 1(2)] of this Act];

  • [F10“electronic communication” has the same meaning as in the Electronic Communications Act 2000;]

  • [F11 “ employee ”, “ employment ”, and “ employer ” refer to employment under a contract of service or of apprenticeship, ]

  • [F7“national unregistered design right” means design right within the meaning of Part III of the Copyright, Designs and Patents Act 1988;]

  • F12. . .

  • “prescribed” means prescribed by rules made by [F13the Secretary of State] under this Act;

  • [F7“product” has the meaning assigned to it by section 1(3) of this Act;]

  • “proprietor” has the meaning assigned to it by section two of this Act;

  • F6. . .

  • “registered proprietor” means the person or persons for the time being entered in the register of designs as proprietor of the design;

  • “registrar” means the Comptroller-General of Patents Designs and Trade Marks;

  • F2. . .

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of subsection (1) of [F15section 14 of this Act], the expression “personal representative”, in relation to a deceased person, includes the legal representative of the deceased appointed in any country outside the United Kingdom.

Subordinate Legislation Made

P1S. 44: power previously exercised by 1989/1105, 1131 and 1990/1698

P2S. 44(1): s. 36 (with ss. 40 and 44(1)) power exercised by S.I. 1991/1628

Textual Amendments

F1S. 44(1): definition of “Appeal Tribunal” omitted (6.4.2015) by virtue of Intellectual Property Act 2014 (c. 18), ss. 10(6), 24(1); S.I. 2015/165, art. 3

F2S. 44: definitions of“article”,“artistic work”,“corresponding design” and“set of articles” repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)

F7S. 44(1): definitions of“complex product”,“national unregistered design right” and“product” inserted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(3) (with transitional provisions in regs. 10-14)

F9S. 44(1): words in the definition of“design” substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(2) (with transitional provisions in regs. 10-14)

F14S. 44(2)(3) repealed (9.12.2001) by S.I. 2001/3949, reg. 9(2), Sch. 2 (with transitional provisions in regs. 10-14)

F15Words in s. 44(4) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 14(4) (with transitional provisions in regs. 10-14)