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Contents

Long Title

Enacting Formula

Part I PRELIMINARY

Part II INTERPRETATION

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

Division 2 — Infringement of Copyright in Works

Division 3 — Acts not Constituting Infringements of Copyright Works

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

Division 5 — Copying of Works in Libraries

Division 6 — Copying of Works in Educational Institutions

Division 7 — Copying of Works in Institution Assisting Handicapped Readers

Division 8 — Recording of Musical Works

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

Division 10 — Designs

Division 11 — Works of Joint Authorship

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

Division 2 — Nature of Copyright in Subject-Matter other than Works

Division 3 — Subject-Matter, other than Works, in which Copyright subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

Division 7 — Miscellaneous

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

Division 2 — Actions by Owner of Copyright

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

Division 4 — Proof of Facts in Copyright Proceedings

Division 5 — Offences

Division 6 — Miscellaneous

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

Part VII THE COPYRIGHT TRIBUNAL

Division 1 — Preliminary

Division 2 — Constitution of the Tribunal

Division 3 — Inquiries by, and Applications and References to, the Tribunal

Division 4 — Procedure and Evidence

Division 5 — Miscellaneous

Part VIII EXTENSION OR RESTRICTION OF ACT

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

Part X MISCELLANEOUS

Part XI TRANSITIONAL

Division 1 — Preliminary

Division 2 — Original Works

Division 3 — Subject-Matter other than Works

Division 4 — Miscellaneous

Division 5 — Works made before 1st July 1912

THE SCHEDULE False Registration of Industrial Designs

 
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On 20/06/2013, you requested for the version in force on 20/06/2013 incorporating all amendments published on or before 20/06/2013. The closest version currently available is that of 20/02/1987.
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THE SCHEDULE
False Registration of Industrial Designs
1.  The provisions of this Schedule shall have effect where —
(a)
copyright subsists in an artistic work, and proceedings are brought under this Act relating to that work;
(b)
a corresponding design has been registered under the Registered Designs Act 1949 of the United Kingdom, or any Act amending or substituting for that Act, and the copyright in the design subsisting by virtue of that registration has not expired by effluxion of time before the commencement of those proceedings; and
(c)
it is proved or admitted in the proceedings that the person registered as the proprietor of the design was not the proprietor thereof for the purposes of that Act or such other Act and was so registered without the knowledge of the owner of the copyright in the artistic work.
2.  For the purposes of those proceedings (but subject to paragraph 3) the registration shall be treated as never having been effected, and accordingly, in relation to that registration, section 74(1) of this Act shall not apply, and nothing in any written law relating to industrial designs shall be construed as affording any defence in those proceedings.
3.  Notwithstanding anything in paragraph 2, if in the proceedings it is proved or admitted that any act to which the proceedings relate —
(a)
was done in pursuance of an assignment or licence made or granted by the person registered as proprietor of the design; and
(b)
was so done in good faith in reliance upon the registration, and without notice of any proceedings for the cancellation of the registration or for rectifying the entry in the register of designs relating thereto,
section 74(1) of this Act shall apply in relation to that act for the purposes of the first-mentioned proceedings.