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Very Important Notice:

This page contains an abbreviated, abridged, paraphrased, and incorrect version of various IP
omitting important sections. It could be useful for a quick review of the law, it could also be
useful to quickly identify sections of relevance.

should not and must not be used as a legal reference and is not legal advice. ALWAYS consult
an actual copy of the relevant statute, and seek professional legal advice before deciding a course of
© 2004-5   All rights reserved

Registered Designs Act 1949

Copyright, designs and patents Act 1988

Copyright Order 1989

Copyright in Databases Regulation 1997

Registered Designs Act 1949

1 Registration

1A Grounds for refusal

1B requirement of novelty

1C technical designs

1D public policy

2 Proprietorship

7 Rights

7A Infringements

8 Right Duration

9 Innocent Infringement exemption

19 Register of assignments


Copyright, designs and patents act 1988

1 © and © works

2 Rights subsisting in © works

3 Literary, dramatic and musical works

3A Databases

4 Artistic works

5A Sound recordings

6 Broadcasts

8 Published editions

9 Authorship of work

12 Duration of © in LDMA works

13A Duration of © in sound recordings

13B Duration of © in films

14 Duration of © in broadcasts

15 Duration of © in typographical arrangements

16 Act restricted by © in a work


182-182D Rights of performers

213 Design Right

215 Ownership of DR

216 Duration of DR

226 Primary infringement

227 Secondary infringement

233 Innocent infringement

296 Circumvention of tech devices applied to CP

296ZA Circumvention of tech M

296ZB Devices and services designed to circumvent tech M

296A Avoidance of certain terms


Schedule 2

1A Temporary copies

2 Criticism or review

3 Incidental inclusion

15 Playing a SR in a club


Copyright Order 1989

2 Industrial processes

3 Excluded matter


Copyright in Databases Regulation 1997

13 DB right

14 Maker of a DB

16 DB right infringement


TMs act 1994

1 TMs

2 Registered TMs

3 Absolute grounds for refusal of registration

4 Specially protected emblems

5 Relative grounds for refusal

9 Rights of an RTM

10 Infringement of registered TM

11 Limits of RTM

12 Exhaustion of rights of RTM

21 Remedy for groundless threats

25 Registration of transactions affecting registered TM


Trade Mark Rules 2000


Madrid Protocol 1989


Uniform Domain Name Dispute Resolution Policy 1999


Patents Act 1977

1 Patentable inventions

2 Novelty

3 Inventive step

4 Industrial application

14 Making an application

15 Date of filing application

39 Rights to employees’ inventions

60 Infringement

130 Interpretation


UPOV Convention

1 Definitions

5 Conditions of protection

6 Novelty

7 Distinctiveness

8 Uniformity

9 Stability

14 Scope of the breeder’s right (subject to Arts 16 & 16)

15 Exceptions to the breeder’s right

16 Exhaustion of the breeder’s right

19 Duration of the breeder’s right


European Patent Convention

52 Patentable inventions

53 Exceptions to patentability

54 Novelty

55 Non-prejudicial disclosures

56 Inventive step

57 Industrial application

69 Extent of protection

78 Requirements of the European patent application

80 Date of filing

138 Grounds for revocation


Protocol on the Interpretation of Article 69 of the EPC


Treaty establishing the European Community 1957










Council Regulation 1/2003

1 Application of articles 81 and 82 of the EC Treaty

2 Burden of proof

3 Relationship between Arts 81 & 82 and national laws

5 Powers of the competition authorities of the member states





Application of 81(3) to vertical agreements Regulation 2790/99

1 Definitions

2 Exemption

3 Market Share thresholds

4 Exceptions

5 Exceptions


Application of 81(3) to Technology Transfer agreements Regulation 772/2004

1 Definitions

2 Exemption

3 Thresholds

4 Hardcore Restrictions

5 Excluded Restrictions

6 Withdrawal

7 Non-application

8 Application of Thresholds

10 Transitional period


Brussels Convention on jurisdiction 1968





Registered Designs Act 1949

1 Registration

1) A design may be registered under this act...

2) “design” means the appearance of the whole or a part of a product resulting from the features of the product or its ornamentation (in particular the lines, contours, colours, shape, texture or materials thereof)

3) “complex product” means a product composed of at least two replaceable component parts, permitting disassembly and reassembly of the product, and “product” means any industrial or handicraft item (other than a computer program, and in particular, includes packaging, get-up, graphic symbols, typographic type-faces and parts intended to be assembled into a complex product).


1A Grounds for refusal

1) The following shall be refused registration under this act:

a) anything which does not fulfil 1(2),

b) designs which do not fulfil 1B to 1D,

c) designs to which a refusal ground of Schedule A1 applies.

2) A design shall be refused if it is not new or does not have individual character when compared with a design which-

a) has been available to the public on or after the relevant date, but

b) is protected as from prior to the relevant date by virtue of registration under this act or the community design regulation or an application for such registration.

3) In subsection 2 the “relevant date” means the application date of the later design (or that treated as under 3B(2),(3) or (5) or 14(2)).

1B requirement of novelty

1) A design shall be protected to the extent that it is new and has individual character.

2) For subsection (1), a design is new if no design whose features differ only in immaterial details has been made available to the public before the relevant date.

3) For subsection (1), a design has individual character if the overall impression it produces on the informed user differs from [that of] any design which has been made available to the public before the relevant date.

4) In determining the extent to which a design has individual character, the degree of freedom of the author in creating the design shall be taken into consideration.

5/6) For the purposes of this section a design has been made available to the public before the relevant date if it has been disclosed before that date, but

[a design has] not [been made available] if it could not reasonably have become known before the relevant date in the normal course of business to persons specialising in the sector concerned doing business in the EEA, it was made under conditions of confidentiality, or it was made by the designer (or predecessor in title), in consequence of his disclosure or actions or an abuse in relation to him, during the 12 months before the relevant date.

7) In 2) 3) 5) and 6) above “the relevant date” means the date on which the application was made or is treated by virtue of 3B(2), (3), or (5) or 14(2).

8) A design applied to or incorporated in a product which constitutes a component part of a complex product shall only [have novelty] if once incorporated it remains visible during normal use of the complex product, and to the extent that those visible features are in themselves new and have individual character.

9) Normal use means by the end user, - not maintenance, servicing or repair work of the product.

1C technical designs

1) No DR in features solely dictated by function.

2) No DR in features which must be reproduced in their exact form and dimensions so as to permit the product to be connected to, or placed in, around or against, another product (so that either may function).

3) (2) does not prevent DR in a design for multiple assembly or connection of mutually interchangeable products within a modular system.


1D public policy

No DR in a design contrary to public policy or accepted principles of morality.


2 Proprietorship

1) The author shall be treated as the original proprietor [except]:

1A) Commissioner for commissioned designs.

1B) Employer for design made in course of employment.

2) A person in whom the design becomes vested by assignment, law etc.

3) “The author” means the person who creates it.

4) The arranger of the computer creation of a design shall be taken to be the author.


7 Rights

1) To use the design and any design which does not produce on the informed user a different overall impression.

2) Use includes making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied or stocking such a product for those purposes.

3) In determining difference of overall impression on the informed user, the degree of freedom of the author in creating his design shall be taken into consideration.

4) The right conferred by (1) is subject to any limitation to the registration (including partial disclaimer).


7A Infringements

1) DR is infringed by a doing that which is the proprietor's exclusive right.

2) No DR infringement by:

acts for private and non-commercial purposes,

acts for experimental purposes,

reproduction acts for teaching or making citations being compatible with fair trade practice and not unduly prejudicing the normal exploitation of the design, and where mention of the source is made,

use of equipment on ships or aircraft which are registered in another country but are temporarily in the UK,

importation of spare parts or accessories for repairing such ships or aircraft, or

repairs on such ships or aircraft.

4) No DR infringement by an act relating to a product put on the market in the EEA by or with the consent of the proprietor.

5) No infringement of DR in a component part by use for repair of a complex product to restore its original appearance.

6) No DR infringement proceedings before DR grant.

8 Right Duration

1) DR subsists for 5 years from registration.

2) This period may be extended five times by applying for an extension and paying the fee.

3) If the 1st to 4th period expires without such payment the right shall cease to have effect and the registrar shall notify the proprietor thereof.

4) If the proprietor applies and pays the fee and any additional fee within 6 months of expiry the right shall be treated as if it had never expired, with the result that -

a) anything done in relation to the right during that period shall be treated as valid,

b/c) an act which would have constituted an infringement or use for the Crown had the right not expired shall be treated as an infringement.

9 Innocent Infringement exemption

1) No damages shall be awarded against a defendant who proves that at the date of the infringement he had no reasonable ground for supposing that the design was registered; and a person shall not be deemed to have had by the marking of a product with “registered” (or any abbreviation...) unless with the design number.

2) Nothing in this section shall affect the power of the court to grant an injunction for infringement.


17 Register of designs

1) The registrar shall maintain the register in which shall be entered-

a) names and addresses of proprietors of RDs;

b) notices of assignments... and

c) such other matters as may be prescribed or the registrar may think fit.

2) No notice of any trust shall be entered in the register...


19 Register of assignments

1) Where a person becomes entitled to a RD, share or interest, he shall apply for registration of his interests, in the register,

2) Such application may be made by the assignor...

4) The person(s) registered as proprietor may assign and grant licenses or otherwise deal with the design and give effectual receipts for any consideration..


Copyright, designs and patents act 1988


1) © and © works

1) © is a property right which subsists in the following descriptions of work

a) original LDMA works,

b) sound recordings, films or broadcasts

c) the typographical arrangement of published editions

2) ”© work” means a work of any of those descriptions in which © subsists

3) © does not subsist unless [geographical requirements] are met


2 Rights subsisting in © works

1) The owner of the © has the exclusive right to do acts restricted by ©

2) In relation to certain descriptions of © work moral rights subsist in favour of the author, director or commissioner of the work, whether or not he is the owner of the ©:

a) right to be identified as author or director

b) right to object to derogatory treatment of the work

c) right to privacy of certain photographs and films


3 Literary, dramatic and musical works

1) “Literary work” means any work, other than a dramatic or musical work, which is written spoken or sung, and includes

a) a table or compilation other than a database,

b) a computer program,

c) preparatory design material for a computer program, or

d) a database.

Dramatic work includes a work of dance or mime.

Musical work includes a work consisting of music, (exclusive of any words or action intended to be sung, spoken or performed with the music).

2) © does not subsist in an LDM work unless and until it is recorded; and references in this part to the time at which such a work is made are to the time at which it is so


3) It is immaterial for (2) whether the work is recorded by or with the permission of the author; and where it is not recorded by the author, nothing in (2) affects whether © subsists in the record as distinct from the work recorded


3A Databases

1) “database” means a collection of independent works, data or other materials which

a) are arranged in a systematic or methodical way

b) are individually accessible by electronic or other means

2) a literary work consisting of a database is original only if the DB constitutes the authors own intellectual creation by reason of the selection or arrangement of the contents.


4 Artistic works

1) “artistic work” means

a) A graphic work, photograph, or sculpture or collage, irrespective of artistic quality

b) A work of architecture being a building or a model for a building

c) A work of artistic craftsmanship

2) “building” includes any fixed structure, and a part thereof

“graphic work” includes

a) any painting, drawing, diagram, map, chart or plan

b) any engraving, etching, lithograph, woodcut or similar work

“photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may be produced, and which is not part of a film

“sculpture” includes a cast or model made for purposes of sculpture


5A Sound recordings

1) “sound recording” means

a) A recording of sounds, from which the sounds may be reproduced

b) A recording of the whole or part of an LDM work, from which sounds reproducing the work or part may be produced regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced

2) no © in a sound recording which is, or to the extent that it is a copy of a previous sound recording.


6 Broadcasts

1) “a broadcast” means an electronic transmission of visual images, sounds or other information:

a) for simultaneous reception by members of the public and is capable of being lawfully received by them, or

b) at a time determined solely by the person making the transmission for presentation to members of the public

and which is not excepted by 1A.

1A) Excepted from the definition of “broadcast” is any internet transmission unless it is

a) a transmission taking place simultaneously on the internet and by other means

b) a concurrent transmission of a live event

c) a transmission of recorded moving images or sounds forming part of a program service offered by the person responsible for making the transmission, being a

service in which programs are transmitted at scheduled times determined by that person

2) An encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been made available to members.

of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission.

3) references to the person making a broadcast or a transmission which is broadcast are

a) to the person transmitting the program, if he has responsibility to any extent for its contents

b) to any person providing the program who makes with the person transmitting it the arrangements necessary for its transmission.

and references to a program in the context of broadcasting are to any item included in a broadcast

4) The place from which a wireless broadcast is made is the place where under the control and responsibility of the person making the broadcast the program-carrying signals are introduced into an uninterrupted chain of communication

4A) 3) and 4) have effect subject to 6A)

5) References to a broadcast include reception of a broadcast relayed by means of a telecommunications system

5A) the relaying of a broadcast by reception and immediate re-transmission shall be regarded as a separate act of broadcasting from the making of the broadcast which is so re-transmitted

6) © does not subsist in a broadcast which infringes or to the extent that it infringes, the © in another broadcast


8 Published editions

1). ”published edition” in the context of © in the typographical arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works.

2). © does not subsist in the typographical arrangement of a published edition if, or to the extent that, it reproduces the typographical arrangement of a previous edition


9 Authorship of work

1) “author” in relation to a work, means the person who creates it.

2) That person shall be taken to be

aa/ab) the producer of a sound recording or film.

b) the person making a broadcast or, in the case of a broadcast which (immediately) relays another broadcast, the person making the first broadcast

d) the publisher of a typographical arrangement of a published edition.

3) the person by whom the arrangements necessary for the creation of a computer generated LDMA work

4) a work is of “unknown authorship” if the identity of all of the authors is unknown.

5) the identity of an author shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable enquiry; but if his identity is once known it shall not subsequently be regarded as unknown.


12 Duration of © in LDMA works

70yrs from end of year when author or last author dies

(if author unknown – 70 yrs from creation (or date made available to public if later) - if identity discovered then situation reverts to normal)

(if author not an EEA national and work not made in EEA then duration limited to that of origin country)

(if computer generated – 50yrs from creation)

(this does not apply to crown © )


13A Duration of © in sound recordings

(50yrs from creation (or publication if later))

(if author not EEA national and work not made in EEA state then duration limited to that of origin country)


13B Duration of © in films

70yrs from death of last of:

principle director

author of the screenplay

author of the dialogue

composer of music specially created for and used in the film……


14 Duration of © in broadcasts

50yrs (from creation)

(if author not EEA national and work not made in EEA state then duration limited to that of origin country)


15 Duration of © in typographical arrangements of published editions

25yrs (from publication)


16 Act restricted by © in a work

© owner has the exclusive right to

copy the work

issue copies of the work to the public

rent or lend the work to the public

perform, show or play the work in public

communicate the work to the public

adapt the work or do any of the above in relation to an adaptation

© in a work is infringed by doing or authorizing another to do any of the above, without the license of the © owner

in relation to a substantial part of the work.


52 Effect of exploitation

1) Where an artistic work has been exploited, (by or with license of the © owner):

by [manufacturing] articles failing to be treated as copies of the work, and marketing them anywhere.

2) [Then after 25 (from the end of the year of such marketing), any articles may be manufactured without infringing © in the work.]

3) [If only part of the work is marketed then only articles relating to that part may be manufactured.]


77 Right to be identified as author or director

1) The author of a © LDMA work and the director of a © film has the right to be identified. This right is not infringed unless asserted in accordance with s78.

2,3,4,5,6,7) For each type of © work the right to be identified may be asserted for specified action/events.

8) A pseudonym etc. specified by an asserting author shall be used, otherwise any reasonable form may be used.

79 Exceptions to right

2) The right to be identified as author or director (s77) does not apply to

a) a computer program

b) the design of a typeface

c) any computer generated work

3) -or if the © originally vested in the author's employer.

4) The right is not infringed by any following acts which would not infringe © - reporting of current events, incidental inclusion, exam questions, royal commissions, use of design documents and models, effect of exploitation of design derived from artistic work, acts permitted on assumption of © expiry.

5) - or for reporting current events.

6) - or in relation to publication in- a newspaper or periodical, an encyclopedia or other collective work of reference, or an LDMA work made therefor, or provided therefor with the author's consent.

7) ...


80 Right to object to derogatory treatment

1) The author of a © LDMA work and the director of a © film has the right not to have his work subjected to derogatory treatment.

2) Treatment means addition, deletion, alteration or adaptation ( not a translation of a LD work or [mere] change of key of a musical work), and the work is derogatory if it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author or director.

3/4) Actions which infringe the right specified according to type of work....



84 False attribution of work.

1) A person has the right not to have false attribution to him of an LDMA work (as author), or a film (as director).



85 Right to privacy of certain photographs and films.

1) A person who for private and domestic purposes commissions photography or film recording has, where © subsists in the resulting work, the right -

a) not to have copies of the work issued to the public,

b) not to have the work shown in public,

2) A person who does or authorises such an act infringes that right – except where the act would not infringe © including incidental inclusion in an artistic work film or broadcast, parliamentary or judicial proceedings, royal commissions, acts done under statutory authority and acts permitted on assumptions as to expiry of ©.









182-182D Rights of performers

A performers rights are infringed by a person who, without his consent, does any of the following to a substantial part of a performance (dramatic, musical, recitation or variety act) by a qualifying individual in a qualifying country:

records live,

broadcasts live,

records from a broadcast,

copies a recording,

issues copies of a recording to the public,

rents or lends copies to the public, or

makes a recording publicly electronically accessible.


213 Design Right

1) DR subsists in an original design.

2) Design means the design of any aspect of shape or configuration (incl. Internal) of the whole or part of an article.

3) No DR in:

a) method or principle of construction,

b) features which

i) enable connection or placement to another article to enable either to perform its function,

ii) are dependent on the appearance of another article which it is intended to form a part of,

c) surface decoration.

4) A design is not original if it is commonplace in the field at creation.

5A) No DR in D consisting or containing a representation within the Olympic Symbol Act 1995.

6) No DR until recorded in document or article.


215 Ownership of DR

5) Designer is first owner unless by commission or employment.

4) If DR exists by first marketing then DR belongs to first marketer.


216 Duration of DR

1) Design right expires 15 from end of year that D was first recorded in doc or article.

2) If design offered anywhere in the world within 5 years from end of that year then DR expires 10 years from end of year when first offered.


233 Innocent infringement

1) No damages for primary infringement if D did not, and had no reason to believe that DR existed.

2) Only reasonable royalties for innocent secondary infringement.


226 Primary infringement

1) Owner has exclusive right to reproduce for commercial purposes

a) by making article to D,

b) by making design document for enabling articles to be made.

2) Reproduction of D by making articles to D means copying the D to produce articles exactly or substantially to that D

4) Reproduction may be direct or indirect.


227 Secondary infringement

1) DR infringed by person who

a) imports into the UK for commercial purposes,

b) possesses for commercial purposes, or

c) sells, lets, offers or exposes in course of a business an article which is and which he has reason to believe is an infringing article.


296 Circumvention of tech devices applied to C

A person issuing copies of, or communicating to the public, a CP, (or otherwise the CR owner or exclusive licensee) has the same rights as a CR owner has regarding infringement, against a person who, having reason to believe that it will be used to make infringing copies, offers, advertises for disposal, or possesses for commercial purposes, any means solely intended to facilitate, or publishes information intended to enable or assist, the unauthorised removal or circumvention of a technical device applied to a CP.


296ZA Circumvention of tech M

A person issuing public copies or communicating to the public a CR work, (or otherwise the CR owner or exclusive licensee) has the same rights as a CR owner has regarding infringement, against a person circumventing effective technological measures applied to a CR work (other than a CP), who has reasonable grounds to know that he is pursuing that objective.


296ZB Devices and services designed to circumvent tech M

1) offences include to:

a) manufacture for sale or hire,

b) import for commercial use,

c) in the course of a business, sell or let, offer or expose, advertise for sale or hire, possess, or distribute

d) distributes otherwise than in the course of a business, prejudicing the CR owner,

any device, product or component primarily designed, produced or adapted for enabling or facilitating circumvention of effective technological measures.

2) offences include to provide, promote, advertise or market

a) in the course of business or

b) otherwise prejudicing the CR owner,

a service to enable or facilitate the circumvention of effective technological measures.

3) This does not make unlawful the actions of law enforcement agencies, or intelligence services (defined by s81 of the Investigatory Powers Act 2000)

a) in the interests of national security, or

b) for prevention or detection of crime, the investigation of an offence, or the conduct of a prosecution.


296A Avoidance of certain terms

1) any term in a CP agreement shall be void in so far as to prohibit or restrict:

a) making of any back up copy necessary for the agreed use,

b) where conditions of 50B(2) are met, decompiling, or

c) the observing, studying or testing of the functioning oft the program in accordance with section 50BA.


Schedule 2

1A Temporary copies

making a temporary copy of a recording of a performance which is transient or incidental, which is integral and essential to a technological process solely to enable a transmission of the recording in a network between third parties by an intermediary, or a lawful use of a recording, which has no independent economic significance does not infringe the rights conferred by part 2 (s182-182D).


2 Criticism or review

Part 2 (s182-182D) not infringed by fair dealing (incl. reporting current events) regarding a recording/performance for criticism or review, of that or another recording/work if the recording/work has been made available to the public.


3 Incidental inclusion

Part 2 (s182-182D) not infringed by incidental (not including deliberate) inclusion of a performance or recording in a sound recording, film or broadcast. Nor by copying or communicating to the public of such a sound recording, film or broadcast.


15 Playing a SR in a club

No infringement of playing a SR in a club or society, if:

it is not for profit and for charity or advancement of religion, education or social welfare,

played by a person for the club (not acting to gain),

the proceeds of admissions to where the SR is to be heard are solely for the organisation, and

any proceeds from goods or services (sold by or on behalf of the organisation), (where and when the SR is heard/played), are solely for the organisation.


Copyright Order 1989

2 An article is to be regarded for s52 of the CDPA Act 1988 as made by an industrial process if:

a) it is one of more than 50 articles which-

i) all fail to be treated as copies of a particular artistic work (as for Part 1 of the CDPA Act) but,

ii) do not all together constitute a single set of articles as defined in s44(1) of the RDA 1949, or

b) it consists of goods manufactured in lengths or pieces, not being hand-made goods.

3 The following are excluded from s52 of the CDPA Act-

a) works of sculpture, other than casts or models used or intended to be used as models or patters to be multiplied by any industrial process;

b) wall plaques, medals and medallions; and

c) printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dress-making patterns, greetings cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade form and cards, transfers and similar articles.

2 Nothing in (2) shall be taken to limit the meaning of “industrial process” in 1(a).


Copyright in Databases Regulation 1997

13 DB right

1) A property right (“database right”) subsists in a DB if there has been a substantial investment in (obtaining, verifying or presenting) the contents of the DB.

2) It is immaterial whether or not the DB or any of its contents is a © work within part 1 of the CDPA 1988.

3) This is subject to s18.


14 Maker of a DB

1) The person who takes the initiative in obtaining verifying or presenting the contents of a DB and assumes the risk thereof.

2) The employer where an employee makes the DB in the course of employment.

3/4/5) Her Majesty, the House of Commons or House of Lords, the Scottish Parliamentary Corporate Body where made under their direction.

6) References to the maker of a DB shall be construed as references to all the makers of the DB.


16 DB right infringement

1) extraction or re-utilisation of a substantial part.

2) repeated and systematic extraction or re-utilisation of insubstantial parts may amount to the extraction or re-utilisation of a substantial part.


Brussels Convention on jurisdiction 1968

The contracting parties, to implement a220 of the EC Treaty 1957, have agreed:

2 Subject to the below, persons domiciled in a contracting state shall be sued there. Non-nationals shall be governed by the rules applicable to nationals.

5 3) [A person domiciled in a contracting state may be sued [for] tort, delict or quasi-delict, in the courts of another contracting state where the harmful event occurred.]

16 4) [regardless of domicile the courts of the contracting state have exclusive jurisdiction regarding registration or validity of [registrable IP] rights].


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