INDEX to the COPYRIGHT DESIGNS AND PATENTS ACT 1988

as amended at 1/1/2005

PART III - DESIGN RIGHT.

CHAPTER 1.DESIGN RIGHT IN ORIGINAL DESIGNS.

Introductory.
213 Design right.
214 The designer.
215 Ownership of design right.
216 Duration of design right.

Qualification for design right protection.
217 Qualifying individuals and qualifying persons.
218 Qualification by reference to designer-.
219 Qualification by reference to commissioner or employer.
220 Qualification by reference to first marketing.
221 Power to make further provision as to qualification.

Dealings with design right.
222 Assignment and licences.
223 Prospective ownership of design right.
224 Assignment of right in registered design presumed to carry with it design right.
225 Exclusive licences.

CHAPTER II.RIGHTS OF DESIGN RIGHT OWNER AND REMEDIES.

Infringement of design right.
226 Primary infringement of design right.
227 Secondary infringement: importing or dealing with infringing article.
228 Meaning of "infringing article".

Remedies for infringement.
229 Rights and remedies of design right owner.
230 Order for delivery up.
231 Order as to disposal of infringing articles, &c.
232 Jurisdiction of county court and sheriff court.
233 Innocent infringement.
234 Rights and remedies of exclusive licensee.
235 Exercise of concurrent rights.

CHAPTER III. EXCEPTIONS TO RIGHTS OF DESIGN RIGHT OWNERS.

Infringement of copyright.
236 Infringement of copyright.

Availability of licences of right.
237 Licences available in last five years of design right.
238 Powers exercisable for protection of the public interest.
239 Undertaking to take licence of right in infringement proceedings.

Crown use of designs.
240 Crown use of designs.
241 Settlement of terms for Crown use.
242 Rights of third parties in case of Crown use.
243 Crown use: compensation for loss of profit.
244 Special provision for Crown use during emergency.

General.
245 Power to provide for further exceptions.

CHAPTER IV.JURISDICTION OF THE COMPTROLLER AND THE COURT.

Jurisdiction of the comptroller.
246 Jurisdiction to decide matters relating to design right.
247 Application to settle terms of licence of right.
248 Settlement of terms where design right owner unknown.
249 Appeals as to terms of licence of right.
250 Rules.

Jurisdiction of the court.
251 References and appeals on design right matters.
252 Reference of disputes relating to Crown use.

CHAPTER V.MISCELLANEOUS AND GENERAL.

Miscellaneous.
253 Remedy for groundless threats of infringement proceedings.
254 Licensee under licence of right not to claim connection with design right owner.

Extent of operation of this Part.
255 Countries to which this Part extends.
256 Countries enjoying reciprocal protection.
257 Territorial waters and the continental shelf.

Interpretation.
258 Construction of references to design right owner.
259 Joint designs.
260 Application of provisions to articles in kit form.
261 Requirement of signature: application in relation to body corporate.
262 Adaptation of expressions in relation to Scotland.
263 Minor definitions.
264 Index of defined expressions.

PART I - COPYRIGHT

PART II - RIGHTS IN PERFORMANCES.

PART IV - REGISTERED DESIGNS.

PART V - PATENT AGENTS AND TRADE MARK AGENTS

PART VI - PATENTS

PART VII - MISCELLANEOUS AND GENERAL.

SCHEDULES:.

Schedule 1 - Copyright: transitional provisions and savings.
Schedule 2 - Rights in performances: permitted acts.
Schedule 2a - Licensing of performers' property rights.
Schedule 3 - Registered designs: minor and consequential amendments of 1949 Act.
Schedule 4 - The Registered Designs Act 1949 as amended.
Schedule 5 - Patents: miscellaneous amendments.
Schedule 6 - Provisions for the benefit of the Hospital for Sick Children.
Schedule 7 - Consequential amendments: general.
Schedule 8 - Repeals.