Copyright, Designs and Patents Act 1988
Copyright, Designs and Patents Act 1988 (1988 c. 48)
- Copyright, Designs and Patents Act 1988 (1988 c. 48)
- Part I Copyright
- Chapter I Subsistence, ownership and duration of copyright
- Introductory
- 1 Copyright and copyright works.
- 2 Rights subsisting in copyright works.
- Descriptions of work and related provisions
- 3 Literary, dramatic and musical works.
- 3A Databases
- 4 Artistic works.
- 5 Sound recordings and films.
- 5A Sound recordings.
- 5B Films.
- 6 Broadcasts.
- 6A Safeguards in case of certain satellite broadcasts.
- 7 Cable programmes.
- 8 Published editions.
- Authorship and ownership of copyright
- 9 Authorship of work.
- 10 Works of joint authorship.
- 10A Works of co-authorship
- 11 First ownership of copyright.
- Duration of copyright
- 12 Duration of copyright in literary, dramatic, musical or artistic works.
- 13 Duration of copyright in sound recordings and films.
- 13A Duration of copyright in sound recordings.
- 13B Duration of copyright in films.
- 14 Duration of copyright in broadcasts . . . .
- 15 Duration of copyright in typographical arrangement of published editions.
- 15A Meaning of country of origin.
- Chapter II Rights of Copyright Owner
- The acts restricted by copyright
- 16 The acts restricted by copyright in a work.
- 17 Infringement of copyright by copying.
- 18 Infringement by issue of copies to the public.
- 18A Infringement by rental or lending of work to the public.
- 19 Infringement by performance, showing or playing of work in public.
- 20 Infringement by communication to the public
- 21 Infringement by making adaptation or act done in relation to adaptation.
- Secondary infringement of copyright
- 22 Secondary infringement: importing infringing copy.
- 23 Secondary infringement: possessing or dealing with infringing copy.
- 24 Secondary infringement: providing means for making infringing copies.
- 25 Secondary infringement: permitting use of premises for infringing performance.
- 26 Secondary infringement: provision of apparatus for infringing performance, &c.
- Infringing copies
- 27 Meaning of “infringing copy”.
- Chapter III Acts Permitted in relation to Copyright Works
- Introductory
- 28 Introductory provisions.
- General
- 28A Making of temporary copies
- 28B Personal copies for private use
- 29 Research and private study.
- 29A Copies for text and data analysis for non-commercial research
- 30 Criticism, review, quotation and news reporting.
- 30A Caricature, parody or pastiche
- 31 Incidental inclusion of copyright material.
- Disability
- 31A Disabled persons: copies of works for personal use
- 31B Making , communicating, making available, distributing or lending of accessible copies by authorised bodies
- 31BA Making , communicating, making available, distributing or lending of intermediate copies by authorised bodies
- 31BB Accessible and intermediate copies: records and notification
- 31F Sections 31A to 31BB: interpretation and general
- Education
- 32 Illustration for instruction
- 33 Anthologies for educational use.
- 34 Performing, playing or showing work in course of activities of educational establishment.
- 35 Recording by educational establishments of broadcasts
- 36 Copying and use of extracts of works by educational establishments
- 36A Lending of copies by educational establishments
- Libraries and archives
- 37 Libraries and archives: introductory.
- 38 Copying by librarians: articles in periodicals.
- 39 Copying by librarians: parts of published works.
- 40 Restriction on production of multiple copies of the same material.
- 40A Lending of copies by libraries or archives.
- 40B Libraries and educational establishments etc : making works available through dedicated terminals
- 41 Copying by librarians: supply of single copies to other libraries
- 42 Copying by librarians etc : replacement copies of works
- 42A Copying by librarians: single copies of published works
- 43 Copying by librarians or archivists: single copies of unpublished works
- 43A Sections 40A to 43: interpretation
- 44 Copy of work required to be made as condition of export.
- 44A Legal deposit libraries
- Orphan works
- 44B Permitted uses of orphan works
- Public administration
- 45 Parliamentary and judicial proceedings.
- 46 Royal Commissions and statutory inquiries.
- 47 Material open to public inspection or on official register.
- 48 Material communicated to the Crown in the course of public business.
- 49 Public records.
- 50 Acts done under statutory authority.
- Computer programs: lawful users
- 50A Back up copies.
- 50B Decompilation.
- 50BA Observing, studying and testing of computer programs
- 50C Other acts permitted to lawful users.
- Databases: permitted acts
- 50D Acts permitted in relation to databases.
- Designs
- 51 Design documents and models.
- 52 Effect of exploitation of design derived from artistic work.
- 53 Things done in reliance on registration of design.
- Typefaces
- 54 Use of typeface in ordinary course of printing.
- 55 Articles for producing material in particular typeface.
- Works in electronic form
- 56 Transfers of copies of works in electronic form.
- Miscellaneous: literary, dramatic, musical and artistic works
- 57 Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author.
- 58 Use of notes or recordings of spoken words in certain cases.
- 59 Public reading or recitation.
- 60 Abstracts of scientific or technical articles.
- 61 Recordings of folksongs.
- 62 Representation of certain artistic works on public display.
- 63 Advertisement of sale of artistic work.
- 64 Making of subsequent works by same artist.
- 65 Reconstruction of buildings.
- Miscellaneous: lending of works and playing of sound recordings
- 66 Lending to public of copies of certain works.
- MISCellaneous: films and sound recordings
- 66A Films: acts permitted on assumptions as to expiry of copyright, &c.
- 67 Playing of sound recordings for purposes of club, society, &c.
- Miscellaneous: broadcasts . . .
- 68 Incidental recording for purposes of broadcast . . . .
- 69 Recording for purposes of supervision and control of broadcasts and other services.
- 70 Recording for purposes of time-shifting.
- 71 Photographs of broadcasts
- 72 Free public showing or playing of broadcast . . . .
- 73 Reception and re-transmission of wireless broadcast by cable.
- 73A Royalty or other sum payable in pursuance of section 73(4).
- 75 Recording of broadcast for archival purposes
- Adaptations
- 76 Adaptations.
- CHAPTER 3A CERTAIN PERMITTED USES OF ORPHAN WORKS
- 76A Certain permitted uses of orphan works
- Chapter IV Moral Rights
- Right to be identified as author or director
- 77 Right to be identified as author or director.
- 78 Requirement that right be asserted.
- 79 Exceptions to right.
- Right to object to derogatory treatment of work
- 80 Right to object to derogatory treatment of work.
- 81 Exceptions to right.
- 82 Qualification of right in certain cases.
- 83 Infringement of right by possessing or dealing with infringing article.
- False attribution of work
- 84 False attribution of work.
- Right to privacy of certain photographs and films
- 85 Right to privacy of certain photographs and films.
- Supplementary
- 86 Duration of rights.
- 87 Consent and waiver of rights.
- 88 Application of provisions to joint works.
- 89 Application of provisions to parts of works.
- Chapter V Dealings with Rights in Copyright Works
- Copyright
- 90 Assignment and licences.
- 91 Prospective ownership of copyright.
- 92 Exclusive licences.
- 93 Copyright to pass under will with unpublished work.
- 93A Presumption of transfer of rental right in case of film production agreement.
- Right to equitable remuneration where rental right transferred
- 93B Right to equitable remuneration where rental right transferred.
- 93C Equitable remuneration: reference of amount to Copyright Tribunal.
- Moral rights
- 94 Moral rights not assignable.
- 95 Transmission of moral rights on death.
- Chapter VI Remedies for Infringement
- Rights and remedies of copyright owner
- 96 Infringement actionable by copyright owner.
- 97 Provisions as to damages in infringement action.
- 97A Injunctions against service providers
- 98 Undertaking to take licence of right in infringement proceedings.
- 99 Order for delivery up.
- 100 Right to seize infringing copies and other articles.
- Rights and remedies of exclusive licensee
- 101 Rights and remedies of exclusive licensee.
- 101A Certain infringements actionable by a non-exclusive licensee
- 102 Exercise of concurrent rights.
- Remedies for infringement of moral rights
- 103 Remedies for infringement of moral rights.
- Presumptions
- 104 Presumptions relevant to literary, dramatic, musical and artistic works.
- 105 Presumptions relevant to sound recordings and films.
- 106 Presumptions relevant to works subject to Crown copyright.
- Offences
- 107 Criminal liability for making or dealing with infringing articles, &c.
- 107A Enforcement by local weights and measures authority.
- 108 Order for delivery up in criminal proceedings.
- 109 Search warrants.
- 110 Offence by body corporate: liability of officers.
- Provision for preventing importation of infringing copies
- 111 Infringing copies may be treated as prohibited goods.
- 112 Power of Commissioners of Customs and Excise to make regulations.
- Supplementary
- 113 Period after which remedy of delivery up not available.
- 114 Order as to disposal of infringing copy or other article.
- 114A Forfeiture of infringing copies, etc.: England and Wales or Northern Ireland
- 114B Forfeiture of infringing copies, etc.: Scotland
- 115 Jurisdiction of county court and sheriff court.
- Chapter VII Copyright Licensing
- Licensing schemes and licensing bodies
- 116 Licensing schemes and licensing bodies.
- Orphan works licensing and extended collective licensing
- 116A Power to provide for licensing of orphan works
- 116B Extended collective licensing
- 116C General provision about licensing under sections 116A and 116B
- 116D Regulations under sections 116A and 116B
- References and applications with respect to licensing schemes
- 117 Licensing schemes to which following sections apply.
- 118 Reference of proposed licensing scheme to tribunal.
- 119 Reference of licensing scheme to tribunal.
- 120 Further reference of scheme to tribunal.
- 121 Application for grant of licence in connection with licensing scheme.
- 122 Application for review of order as to entitlement to licence.
- 123 Effect of order of tribunal as to licensing scheme.
- References and applications with respect to licensing by licensing bodies
- 124 Licences to which following sections apply.
- 125 Reference to tribunal of proposed licence.
- 126 Reference to tribunal of expiring licence.
- 127 Application for review of order as to licence.
- 128 Effect of order of tribunal as to licence.
- 128A Notification of licence or licensing scheme for excepted sound recordings
- 128B References to the Tribunal by the Secretary of State under section 128A
- Factors to be taken into account in certain classes of case
- 129 General considerations: unreasonable discrimination.
- 130 Licences for reprographic copying.
- 131 Licences for educational establishments in respect of works included in broadcasts . . . .
- 132 Licences to reflect conditions imposed by promoters of events.
- 133 Licences to reflect payments in respect of underlying rights.
- 134 Licences in respect of works included in re-transmissions.
- 135 Mention of specific matters not to exclude other relevant considerations.
- Use as of right of sound recordings in broadcasts . . .
- 135A Circumstances in which right available.
- 135B Notice of intention to exercise right.
- 135C Conditions for exercise of right.
- 135D Applications to settle payments.
- 135E References etc. about conditions, information and other terms.
- 135F Application for review of order.
- 135G Factors to be taken into account.
- 135H Power to amend sections 135A to 135G.
- Implied indemnity in schemes or licences for reprographic copying
- 136 Implied indemnity in certain schemes and licences for reprographic copying.
- Reprographic copying by educational establishments
- 137 Power to extend coverage of scheme or licence.
- 138 Variation or discharge of order extending scheme or licence.
- 139 Appeals against orders.
- 140 Inquiry whether new scheme or general licence required.
- 141 Statutory licence where recommendation not implemented.
- Royalty or other sum payable for lending of certain works
- 142 Royalty or other sum payable for lending of certain works.
- Certification of licensing schemes
- 143 Certification of licensing schemes.
- Powers exercisable in consequence of competition report
- 144 Powers exercisable in consequence of report of Competition and Markets Authority.
- Compulsory collective administration of certain rights
- 144A Collective exercise of certain rights in relation to cable re-transmission.
- Chapter VIII The Copyright Tribunal
- The Tribunal
- 145 The Copyright Tribunal.
- 146 Membership of the Tribunal.
- 147 Financial provisions.
- 148 Constitution for purposes of proceedings.
- Jurisdiction and procedure
- 149 Jurisdiction of the Tribunal.
- 150 General power to make rules.
- 151 Costs, proof of orders, &c.
- 151A Award of interest.
- Appeals
- 152 Appeal to the court on point of law.
- Chapter IX Qualification for and Extent of Copyright Protection
- Qualification for copyright protection
- 153 Qualification for copyright protection.
- 154 Qualification by reference to author.
- 155 Qualification by reference to country of first publication.
- 156 Qualification by reference to place of transmission.
- Extent and application of this Part
- 157 Countries to which this Part extends.
- 158 Countries ceasing to be colonies.
- 159 Application of this Part to countries to which it does not extend
- 160 Denial of copyright protection to citizens of countries not giving adequate protection to British works.
- Supplementary
- 161 Territorial waters and the continental shelf.
- 162 British ships, aircraft and hovercraft.
- Chapter X Miscellaneous and General
- Crown and Parliamentary copyright
- 163 Crown copyright.
- 164 Copyright in Acts and Measures.
- 165 Parliamentary copyright.
- 166 Copyright in Parliamentary Bills.
- 166A Copyright in Bills of the Scottish Parliament.
- 166B Copyright in Bills of the Northern Ireland Assembly.
- 166C Copyright in proposed Measures of the National Assembly for Wales
- 166D Copyright in Bills of the National Assembly for Wales
- 167 Houses of Parliament: supplementary provisions with respect to copyright.
- Other miscellaneous provisions
- 168 Copyright vesting in certain international organisations.
- 169 Folklore, &c.: anonymous unpublished works.
- Transitional provisions and savings
- 170 Transitional provisions and savings.
- 171 Rights and privileges under other enactments or the common law.
- Interpretation
- 172 General provisions as to construction.
- 172A Meaning of EEA and related expressions.
- 173 Construction of references to copyright owner.
- 174 Meaning of “educational establishment” and related expressions.
- 175 Meaning of publication and commercial publication.
- 176 Requirement of signature: application in relation to body corporate.
- 177 Adaptation of expressions for Scotland.
- 178 Minor definitions.
- 179 Index of defined expressions.
- Part II Rights in performances
- Chapter 1 INTRODUCTORY
- 180 Rights conferred on performers and persons having recording rights.
- 181 Qualifying performances.
- Chapter 2 ECONOMIC RIGHTS
- Performers' rights
- 182 Consent required for recording, &c. of live performance.
- 182A Consent required for copying of recording.
- 182B Consent required for issue of copies to public.
- 182C Consent required for rental or lending of copies to public.
- 182CA Consent required for making available to the public
- 182D Right to equitable remuneration for exploitation of sound recording.
- 183 Infringement of performer’s rights by use of recording made without consent.
- 184 Infringement of performer’s rights by importing, possessing or dealing with illicit recording.
- Rights of person having recording rights
- 185 Exclusive recording contracts and persons having recording rights.
- 186 Consent required for recording of performance subject to exclusive contract.
- 187 Infringement of recording rights by use of recording made without consent.
- 188 Infringement of recording rights by importing, possessing or dealing with illicit recording.
- Exceptions to rights conferred
- 189 Acts permitted notwithstanding rights conferred by this Chapter.
- 190 Power of tribunal to give consent on behalf of performer in certain cases.
- Duration of rights
- 191 Duration of rights.
- Performers’ property rights
- 191A Performers’ property rights.
- 191B Assignment and licences.
- 191C Prospective ownership of a performer’s property rights.
- 191D Exclusive licences.
- 191E Performer’s property right to pass under will with unpublished original recording.
- 191F Presumption of transfer of rental right in case of film production agreement.
- 191G Right to equitable remuneration where rental right transferred.
- 191H Equitable remuneration: reference of amount to Copyright Tribunal.
- 191HA Assignment of performer’s property rights in a sound recording
- 191HB Payment in consideration of assignment
- 191I Infringement actionable by rights owner.
- 191J Provisions as to damages in infringement action.
- 191JA Injunctions against service providers
- 191K Undertaking to take licence of right in infringement proceedings.
- 191L Rights and remedies for exclusive licensee.
- 191M Exercise of concurrent rights.
- Non-property rights
- 192A Performers’ non-property rights.
- 192B Transmissibility of rights of person having recording rights.
- 193 Consent.
- . . .
- 194 Infringement actionable as breach of statutory duty.
- Delivery up or seizure of illicit recordings
- 195 Order for delivery up.
- 196 Right to seize illicit recordings.
- 197 Meaning of “illicit recording”.
- 197A Presumptions relevant to recordings of performances
- Offences
- 198 Criminal liability for making, dealing with or using illicit recordings.
- 198A Enforcement by local weights and measures authority.
- 199 Order for delivery up in criminal proceedings.
- 200 Search warrants.
- 201 False representation of authority to give consent.
- 202 Offence by body corporate: liability of officers.
- Supplementary provisions with respect to delivery up and seizure
- 203 Period after which remedy of delivery up not available.
- 204 Order as to disposal of illicit recording.
- 204A Forfeiture of illicit recordings: England and Wales or Northern Ireland
- 204B Forfeiture: Scotland
- 205 Jurisdiction of county court and sheriff court.
- Licensing of performers’ ... rights
- 205A Licensing of performers’ ... rights.
- Jurisdiction of Copyright Tribunal
- 205B. Jurisdiction of Copyright Tribunal.
- Chapter 3 MORAL RIGHTS
- Right to be identified as performer
- 205C Right to be identified as performer
- 205D Requirement that right be asserted
- 205E Exceptions to right
- Right to object to derogatory treatment
- 205F Right to object to derogatory treatment of performance
- 205G Exceptions to right
- 205H Infringement of right by possessing or dealing with infringing article
- Supplementary
- 205I Duration of rights
- 205J Consent and waiver of rights
- 205K Application of provisions to parts of performances
- 205L Moral rights not assignable
- 205M Transmission of moral rights on death
- 205N Remedies for infringement of moral rights
- Chapter 4 QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION
- Qualification for protection and extent
- 206 Qualifying countries, individuals and persons.
- 207 Countries to which this Part extends.
- 208 Countries enjoying reciprocal protection.
- 209 Territorial waters and the continental shelf.
- 210 British ships, aircraft and hovercraft.
- Interpretation
- 211 Expressions having same meaning as in copyright provisions.
- 212 Index of defined expressions.
- Supplementary
- 212A Power to amend in consequence of changes to international law
- Part III Design Right
- Chapter I 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 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.
- Miscellaneous
- 244A Exception for private acts, experiments and teaching
- 244B Exception for overseas ships and aircraft
- 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.
- 249A Opinions service
- 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
- Unjustified threats
- 253 Threats of infringement proceedings
- 253A Actionable threats
- 253B Permitted communications
- 253C Remedies and defences
- 253D Professional advisers
- 253E Supplementary: proceedings for delivery up etc.
- Licensee under licence of right not to claim connection with design right owner
- 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 IV Registered Designs
- Amendments of the Registered Designs Act 1949
- 265 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 266 Provisions with respect to certain designs registered in pursuance of application made before commencement.
- 267 Authorship and first ownership of designs.
- 268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 269 Duration of right in registered design.
- 270 Powers exercisable for protection of the public interest.
- 271 Crown use: compensation for loss of profit.
- 272 Minor and consequential amendments.
- Supplementary
- 273 Text of Registered Designs Act 1949 as amended.
- Part V Patent Agents and Trade Mark Agents
- Patent agents
- 274 Persons permitted to carry on business of a patent agent.
- 275 The register of patent attorneys
- 275A Regulation of patent attorneys
- 276 Persons entitled to describe themselves as patent agents.
- 277 Persons entitled to describe themselves as European patent attorneys, &c.
- 278 Use of the term “patent attorney”: supplementary provisions.
- 279 Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.
- 280 Privilege for communications with patent agents.
- 281 Power of comptroller to refuse to deal with certain agents.
- Trade mark agents
- 282 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 284 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Supplementary
- 285 Offences committed by partnerships and bodies corporate.
- 286 Interpretation.
- Part VI Patents
- Patents county courts
- 287 Patents county courts: special jurisdiction.
- 288 Financial limits in relation to proceedings within special jurisdiction of patents county court.
- 289 Transfer of proceedings between High Court and patents county court.
- 290 Limitation of costs where pecuniary claim could have been brought in patents county court.
- 291 Proceedings in patents county court.
- 292 Rights and duties of registered patent agents in relation to proceedings in patents county court.
- Licences of right in respect of certain patents
- 293 Restriction of acts authorised by certain licences.
- 294 When application may be made for settlement of terms of licence.
- Patents: miscellaneous amendments
- 295 Patents: miscellaneous amendments.
- Part VII Miscellaneous and General
- Circumvention of protection measures
- 296 Devices designed to circumvent copy-protection.
- 296ZA Circumvention of technological measures
- 296ZB Devices and services designed to circumvent technological measures
- 296ZC Devices and services designed to circumvent technological measures: search warrants and forfeiture
- 296ZD Rights and remedies in respect of devices and services designed to circumvent technological measures
- 296ZE Remedy where effective technological measures prevent permitted acts
- 296ZEA. Remedy where restrictive measures prevent or restrict personal copying
- 296ZF Interpretation of sections 296ZA to 296ZEA
- Rights management information
- 296ZG Electronic rights management information
- Computer programs
- 296A Avoidance of certain terms.
- Databases
- 296B Avoidance of certain terms relating to databases
- Fraudulent reception of transmissions
- 297 Offence of fraudulently receiving programmes.
- 297A Unauthorised decoders.
- 297B Search warrants
- 297C Forfeiture of unauthorised decoders: England and Wales or Northern Ireland
- 297D Forfeiture of unauthorised decoders: Scotland
- 298 Rights and remedies in respect of apparatus, &c. for unauthorised reception of transmissions.
- 299 Supplementary provisions as to fraudulent reception.
- Fraudulent application or use of trade mark
- 300 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Provisions for the benefit of Great Ormond Street Hospital for Children
- 301 Provisions for the benefit of Great Ormond Street Hospital for Children.
- Financial assistance for certain international bodies
- 302 Financial assistance for certain international bodies.
- General
- 303 Consequential amendments and repeals.
- 304 Extent.
- 305 Commencement.
- 306 Short title.
- SCHEDULES
- SCHEDULE ZA1 CERTAIN PERMITTED USES OF ORPHAN WORKS
- PART 1 GENERAL PROVISIONS
- Certain permitted uses of orphan works by relevant bodies
- Meaning of “relevant body”, “relevant work” and “rightholder”
- Meaning of “orphan work”
- Mutual recognition of orphan work status
- Diligent searches
- Further requirements for use of orphan works
- End of orphan work status
- PART 2 SOURCES TO BE SEARCHED DURING DILIGENT SEARCH
- SCHEDULE A1 Regulation of licensing bodies
- Codes of practice
- Licensing code ombudsman
- Code reviewer
- Sanctions
- Fees
- General
- SCHEDULE 1 Copyright: transitional provisions and savings
- Introductory
- General principles: continuity of the law
- Subsistence of copyright
- Authorship of work
- First ownership of copyright
- Duration of copyright in existing works
- Perpetual copyright under the Copyright Act 1775
- Acts infringing copyright
- Designs
- Abolition of statutory recording licence
- Moral rights
- Assignments and licences
- Bequests
- Remedies for infringement
- Copyright Tribunal: proceedings pending on commencement
- Qualification for copyright protection
- Dependent territories
- Territorial waters and the continental shelf
- British ships, aircraft and hovercraft
- Crown copyright
- Parliamentary copyright
- Copyright vesting in certain international organisations
- Meaning of “publication”
- Meaning of “unauthorised”
- SCHEDULE 2 Rights in performances: permitted acts
- Introductory
- Making of temporary copies
- Personal copies of recordings for private use
- Research and private study
- Copies for text and data analysis for non-commercial research
- Criticism, reviews, quotation and news reporting
- Caricature, parody or pastiche
- Incidental inclusion of performance or recording
- Disabled persons: copies of recordings for personal use
- Making communicating, making available, distributing or lending of accessible copies by authorised bodies
- Making communicating, making available, distributing or lending of intermediate copies by authorised bodies
- Accessible and intermediate copies: records
- Paragraphs 3A to 3D: interpretation and general
- Illustration for instruction
- Playing or showing sound recording, film, or broadcastat educational establishment
- Recording by educational establishments of broadcasts
- Copying and use of extracts of recordings by educational establishments
- Lending of copies by educational establishments
- Lending of copies by libraries or archives
- Libraries and educational establishments etc : making recordings of performances available through dedicated terminals
- Copying by librarians: supply of single copies to other libraries
- Copying by librarians etc : replacement copies of recordings
- Copying by librarians: single copies of published recordings
- Copying by librarians or archivists: single copies of unpublished recordings
- Paragraphs 6B to 6G: interpretation
- Certain permitted uses of orphan works
- Copy of work required to be made as condition of export
- Parliamentary and judicial proceedings
- Royal Commissions and statutory inquiries
- Public records
- Acts done under statutory authority
- Transfer of copies of works in electronic form
- Use of recordings of spoken works in certain cases
- Recordings of folksongs
- Lending of certain recordings
- Playing of sound recordings for purposes of club, society, &c
- Incidental recording for purposes of broadcast . . .
- Recordings for purposes of supervision and control of broadcasts and other services
- Recording for the purposes of time-shifting
- Photographs of broadcasts
- Free public showing or playing of broadcast . . .
- Reception and re-transmission of wireless broadcast by cable
- Provision of sub-titled copies of broadcast . . .
- Recording of broadcast for archival purposes
- SCHEDULE 2A LICENSING OF PERFORMERS’ ... RIGHTS
- Licensing schemes and licensing bodies
- Power to provide for licensing of orphan rights
- Extended collective licensing
- General provision about licensing
- References and applications with respect to licensing schemes
- Reference of proposed licensing scheme to tribunal
- Reference of licensing scheme to tribunal
- Further reference of scheme to tribunal
- Application for grant of licence in connection with licensing scheme
- Application for review of order as to entitlement to licence
- Effect of order of tribunal as to licensing scheme
- References and applications with respect to licensing by licensing bodies
- Reference to tribunal of proposed licence
- Reference to tribunal of expiring licence
- Application for review of order as to licence
- Effect of order of tribunal as to licence
- General considerations: unreasonable discrimination
- Application to settle royalty or other sum payable for lending
- Certification of licensing schemes
- Powers exercisable in consequence of competition report
- SCHEDULE 3 Registered designs: minor and consequential amendments of 1949 Act
- Section 3: proceedings for registration
- Section 4: registration of same design in respect of other articles, etc.
- Section 5: provisions for secrecy of certain designs
- Section 6: provisions as to confidential disclosure, etc.
- Section 9: exemption of innocent infringer from liability for damages
- Section 11: cancellation of registration
- Section 14: registration where application has been made in convention country
- Section 15: extension of time for application under s.14 in certain cases
- Section 16: protection of designs communicated under international agreements
- Section 19: registration of assignments, &c.
- Section 20: rectification of the register
- Section 22: inspection of registered designs
- Section 23: information as to existence of right in registered design
- Section 25: certificate of contested validity of registration
- Section 26: remedy for groundless threats of infringement proceedings
- Section 27: the court
- Section 28: the Appeal Tribunal
- Section 29: exercise of discretionary powers of registrar
- Section 30: costs and security for costs
- Section 31: evidence before registrar
- Section 32: power of registrar to refuse to deal with certain agents
- Section 33: offences under s.5 (secrecy of certain designs)
- Section 34: falsification of register, &c.
- Section 35: fine for falsely representing a design as registered
- Section 35A: offence by body corporate - liability of officers
- Section 36: general power to make rules, &c.
- Section 37: provisions as to rules and Orders
- Section 38: proceedings of the Board of Trade
- Section 39: hours of business and excluded days
- Section 40: fees
- Section 44: interpretation
- Section 45: application to Scotland
- Section 46: application to Northern Ireland
- Section 47: application to Isle of Man
- Section 47A: territorial waters and the continental shelf
- Section 48: repeals, savings and transitional provisions
- Schedule 1: provisions as to Crown use of registered designs
- Schedule 2: enactments repealed
- SCHEDULE 4 The Registered Designs Act 1949 as amended Arrangement of Sections
- Registrable designs and proceedings for registration
- Effect of registration, &c.
- International arrangements
- Register of designs, &c.
- Legal proceedings and appeals
- Powers and duties of registrar
- Rules, &c.
- Supplemental
- Registrable designs and proceedings for registration
- Designs registrable under Act.
- Proprietorship of designs.
- Proceedings for registration.
- Registration of same design in respect of other articles, etc.
- Provisions for secrecy of certain designs.
- Provisions as to confidential disclosure, etc.
- Effect of registration, &c.
- Right given by registration.
- Duration of right in registered design.
- Restoration of lapsed right in design.
- Effect of order for restoration of right.
- Exemption of innocent infringer from liability for damages.
- Compulsory licence in respect of registered design.
- Cancellation of registration.
- Powers exercisable for protection of the public interest.
- Undertaking to take licence of right in infringement proceedings.
- Use for services of the Crown.
- International Arrangements
- Orders in Council as to convention countries.
- Registration of design where application for protection in convention country has been made.
- Extension of time for applications under s.14 in certain cases.
- Protection of designs communicated under international agreements.
- Register of designs, etc.
- Register of designs.
- Certificate of registration.
- Registration of assignments, etc.
- Rectification of register.
- Power to correct clerical errors.
- Inspection of registered designs.
- Information as to existence of right in registered design.
- Legal proceedings and appeals
- Certificate of contested validity of registration.
- Remedy for groundless threats of infringement proceedings.
- The court.
- The Appeal Tribunal.
- Powers and duties of Registrar
- Exercise of discretionary powers of registrar.
- Costs and security for costs.
- Evidence before registrar.
- Offences
- Offences under s.5.
- Falsification of register, etc.
- Fine for falsely representing a design as registered.
- Offence by body corporate: liability of officers.
- Rules, etc.
- General power of Secretary of State to make rules, etc.
- Provisions as to rules and Orders.
- Supplemental
- Hours of business and excluded days.
- Fees.
- Service of notices, &c., by post.
- Annual report of registrar.
- Savings.
- Interpretation.
- Application to Scotland.
- Application to Northern Ireland.
- Application to Isle of Man.
- Territorial waters and the continental shelf.
- Repeals, savings, and transitional provisions.
- Short title and commencement.
- FIRST SCHEDULE
- Use of registered designs for services of the Crown
- Rights of third parties in respect of Crown use
- Compensation for loss of profit
- Reference of disputes as to Crown use
- Special provisions as to Crown use during emergency
- SCHEDULE 5 Patents: miscellaneous amendments
- Withdrawal of application before publication of specification
- Correction of clerical errors
- Supplementary searches
- Application for restoration of lapsed patent
- Determination of right to patent after grant
- Employees’ inventions
- Undertaking to take licence in infringement proceedings
- Power of comptroller on grant of compulsory licence
- Powers exercisable in consequence of report of Monopolies and Mergers Commission
- Compulsory licensing: reliance on statements in competition report
- Crown use: compensation for loss of profit
- Right to continue use begun before priority date
- Revocation on grounds of grant to wrong person
- Revocation where two patents granted for same invention
- Applications and amendments not to include additional matter
- Effect of European patent (UK)
- The state of the art: material contained in patent applications
- Jurisdiction in certain proceedings
- Effect of filing international application for patent
- Proceedings before the court or the comptroller
- Provision of information
- Power to extend time limits
- Availability of samples of micro-organisms
- SCHEDULE 5A PERMITTED ACTS TO WHICH SECTION 296ZE APPLIES
- PART 1 Copyright exceptions
- PART 2 Rights in performances exceptions
- PART 3 Database right exceptions
- SCHEDULE 6 Provisions for the Benefit of Great Ormond Street Hospital for Children
- Interpretation
- Entitlement to royalty
- Exceptions
- Saving
- Procedure for determining amount payable
- Sums received to be held for the benefit of the Hospital
- Right only for the benefit of the Hospital
- SCHEDULE 7 Consequential amendments: general
- British Mercantile Marine Uniform Act 1919 (c.62)
- Chartered Associations (Protection of Names and Uniforms) Act 1926 (c.26)
- Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 (c.107)
- Crown Proceedings Act 1947 (c.44)
- Patents Act 1949 (c.87)
- Public Libraries (Scotland) Act 1955 (c.27)
- London County Council (General Powers) Act 1958 (c.xxi)
- Public Libraries and Museums Act 1964 (c.75)
- Marine, &c., Broadcasting (Offences) Act 1967 (c.41)
- Medicines Act 1968 (c.67)
- Post Office Act 1969 (c.48)
- Merchant Shipping Act 1970 (c.36)
- Taxes Management Act 1970 (c.9)
- Tribunals and Inquiries Act 1971 (c.62)
- Fair Trading Act 1973 (c.41)
- House of Commons Disqualification Act 1975 (c.24)
- Northern Ireland Assembly Disqualification Act 1975 (c.25)
- Restrictive Trade Practices Act 1976 (c.34)
- Resale Prices Act 1976 (c. 53)
- Patents Act 1977 (c. 37)
- Unfair Contract Terms Act 1977 (c. 50)
- Judicature (Northern Ireland) Act 1978 (c. 23)
- Capital Gains Tax Act 1979 (c. 14)
- British Telecommunications Act 1981 (c. 38)
- Senior Courts Act 1981 (c. 54)
- Companies Act 1985 (c. 6)
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
- Atomic Energy Authority Act 1986 (c. 3)
- Education and Libraries (Northern Ireland) Order 1986 ( S.I. 1986/594 (N.I.3))
- Companies (Northern Ireland) Order 1986 ( S.I. 1986/1032 (N.I.6))
- Income and Corporation Taxes Act 1988 (c. 1)
- SCHEDULE 8 Repeals
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