Intellectual Property Act 2014
In section 213(2) of the Copyright, Designs and Patents Act 1988 (unregistered design right: meaning of “design”), in subsection (2), omit “any aspect of”.
In section 51 of that Act (copyright infringement: exception for certain designs), in subsection (3), in the definition of “design”, omit “any aspect of”.
In section 213(4) of that Act (unregistered design right: meaning of “original”)—
after “commonplace” insert “ in a qualifying country ”, and
at the end insert “ ; and “qualifying country” has the meaning given in section 217(3) ”.
Subsection (3) applies only to designs created after the commencement of that subsection.
In section 215 of the Copyright, Designs and Patents Act 1988 (ownership of unregistered design right)—
in subsection (1), omit “in pursuance of a commission or”,
omit subsection (2), and
in subsection (3), omit “, in a case not falling within subsection (2)”.
In consequence of subsection (1)—
in section 213(5)(a) of that Act (person by reference to whom design qualifies for design right), for “the design was commissioned or the designer employed” substitute “ the designer was employed ”,
in section 218 of that Act (design qualifies for design right by reference to designer), in subsection (1), omit “in pursuance of a commission or”,
in section 219 of that Act (the title to which becomes “ Qualification by reference to employer ”), in subsection (1), for “in pursuance of a commission from, or in the course of employment with,” substitute “ in the course of employment with ”,
in subsection (2) of that section, omit “a joint commission or” and “commissioners or”,
in subsection (3) of that section, omit “jointly commissioned or”, “commissioners or” and “commissioner or”,
in that subsection, for “215(2) or (3)” substitute “ 215(3) ”,
in section 220 of that Act (qualification by reference to first marketing), in subsection (1), omit “, commissioner”,
in subsection (4)(a) of that section, omit “, commissioner of the design”,
in section 263 of that Act (definitions), in subsection (1), in the definition of “British design”, omit “the design is commissioned or”,
in that subsection, omit the definition of “commission”, and
in section 264 of that Act (index of defined expressions), omit the entry for “commission”.
This section does not apply to—
any design created before the commencement of this section, or
any design created after the commencement of this section in pursuance of a commission (irrespective of whether the design was commissioned before or after that commencement) provided that—
the designer and the commissioner of the design have entered into a contract relating to the commission of the design, and
the contract was entered into before that commencement.
In section 217 of that Act (qualifying individuals and qualifying persons), in subsection (1)—
omit the definition of “qualifying individual”, and
“qualifying person” means—
In that section, omit subsection (4).
In section 218 of that Act (qualification by reference to designer)—
in subsection (2), omit “a qualifying individual or, in the case of a computer-generated design,”
in subsection (3), omit “a qualifying individual or, as the case may be,”, and
in subsection (4), omit “qualifying individuals or”.
In section 220 of that Act (qualification by reference to first marketing)—
in subsection (1)(a), omit “who is exclusively authorised to put such articles on the market in the United Kingdom”,
in subsection (2), for “requirements” substitute “ requirement ”,
in subsection (3), for “those requirements” substitute “ that requirement ”, and
omit subsection (4).
In section 264 of that Act (index of defined expressions), in the Table, omit the entry for “qualifying individual”.
This section applies only to designs created after the commencement of this section.
After section 244 of the Copyright, Designs and Patents Act 1988 (but before the following cross-heading) insert—
Section 53 of the Copyright, Designs and Patents Act 1988 (permitted acts in relation to copyright works: things done in reliance on registration of design) is amended as follows.
In subsection (1), in paragraph (a)—
after “registered” insert— , and
after “corresponding design” insert, or .
In paragraph (b) of that subsection, after “the registration or” insert “ , in a case of registration under the 1949 Act, ”.
At the end of that subsection, insert “ or, in a case of registration under the Community Design Regulation, that the person registered as the right holder was not the right holder of the design for the purposes of the Regulation ”.
After subsection (2), insert—
After subsection (3), insert—
In section 2 of the Registered Designs Act 1949 (ownership of registered designs)—
omit subsection (1A) (which provides for the commissioner of a design to be the original proprietor), and
in subsection (1B), omit “, in a case not falling within subsection (1A),”.
In section 3 of that Act (application for registration), omit subsection (2) (requirement for application to be made by person claiming to be proprietor).
After section 7A of the Registered Designs Act 1949 insert—
This section applies only to designs registered under the Registered Designs Act 1949 after the commencement of this section.
After section 15 of the Registered Designs Act 1949 insert—
In section 37 of that Act (rules and orders)—
in subsection (3), before “shall be exercisable” insert “ and the power to make an order under section 15ZA ”, and
before subsection (5) insert—
In section 19 of the Registered Designs Act 1949 (registration of assignments, etc.), omit subsection (3A) (which, where design right subsists in a registered design, prohibits the registrar from registering an interest unless satisfied that the person who has the interest has a corresponding interest in the design right).
In section 22 of that Act (the title to which becomes “ Inspection of registered designs and associated documents ”), in subsection (1), after paragraph (a) insertand
In that subsection, for “subsection (4)” substitute “ subsections (4) to (7) ”.
After subsection (4) of that section insert—
After subsection (5) insert—
In section 37 of that Act (rules and orders), in subsection (2), after “section 15” insert “ or 22(6) ”.
In section 24B of the Registered Designs Act 1949 (exemption of innocent infringer from liability), in subsection (1), omit “, and no order shall be made for an account of profits,”.
After section 27 of that Act insert—
In section 27(1)(a) of that Act, after “the High Court or” insert “ (subject to section 27A(6)) ”.
Section 28 of that Act (the Appeal Tribunal) is repealed.
In section 37(3) of that Act (provision as to rules and orders)—
omit “or on the Appeal Tribunal”, and
omit the words from “; and the Statutory Instruments Act 1946” to the end.
In section 44(1) of that Act (interpretation), omit the definition of “Appeal Tribunal”.
In section 249 of the Copyright, Designs and Patents Act 1988 (right of appeal as to terms of licence of right)—
in subsection (1), for the words from “the Appeal Tribunal” to the end substitute “ a person appointed under section 27A of the Registered Designs Act 1949 ”, and
omit subsection (2).
In section 251(4) of that Act (right of appeal against decisions of comptroller relating to design right)—
before “the High Court” insert— , and
at the end insert, or .
In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership), in Part 3 (other disqualifying offices), at the appropriate place insert— “ Person appointed under section 27A of the Registered Designs Act 1949 to hear and determine appeals against decisions of the registrar under that Act ”.
In the Constitutional Reform Act 2005, in Schedule 7 (protected functions of the Lord Chancellor), in paragraph 4, at the appropriate place insert— “ Registered Designs Act 1949 (c.88) Sections 27A and 27B. ”
Section 143 of the Tribunals, Courts and Enforcement Act 2007 (which makes provision about appeals in relation to design rights) is repealed.
Before section 29 of the Registered Designs Act 1949 (and the preceding cross-heading) insert—
In Chapter 4 of Part 3 of the Copyright, Designs and Patents Act 1988 (jurisdiction of the comptroller etc.), after section 249 insert—
In section 37 of the Registered Designs Act 1949 (the title to which becomes “ Provisions as to rules, regulations and orders ”)—
in subsection (3), after “an order under section 15ZA” (inserted by section 8(2)(a)), insert “ and the power to make regulations under section 28A ”,
in subsection (4), after “under this Act” insert “ or regulations under section 28A ”, and
after subsection (4) insert—
After section 31 of the Registered Designs Act 1949 insert—
In section 3(1) of that Act (application for registration), omit “shall be made in the prescribed form and”.
In section 36(1A) of that Act (matters which may be covered in rules), for paragraph (a) substitute—.
In section 39(1) of that Act (hours of business and excluded days)—
for “Rules made by the Secretary of State under this Act may specify” substitute “ The registrar may give directions specifying ”, and
for “and may specify” substitute “ and specifying ”.
Despite the repeal made by subsection (2), any rules made in reliance on section 3(1) of that Act which are in force immediately before the commencement of that repeal continue in force until such time as directions about forms of the kind which had been prescribed by the rules take effect.
Despite the amendment made by subsection (3), any rules made in reliance on section 36(1A)(a) of that Act which are in force immediately before the commencement of that amendment continue in force until such time as directions about forms of the kind which had been prescribed by the rules take effect.
In subsections (5) and (6), “directions” means directions given under section 31A of that Act (as inserted by subsection (1)).
Despite the amendment made by subsection (4), any rules made in reliance on section 39(1) of that Act which are in force immediately before the commencement of that amendment continue in force until such time as directions about the matter specified by the rules take effect.
In subsection (8), “directions” means directions given under section 39(1) of that Act (as amended by subsection (4)).
After section 35 of the Registered Designs Act 1949 insert—
At the end of section 35A of the Registered Designs Act 1949 (the title to which becomes “ Offence by body corporate or partnership: liability of officers or partners ”) insert—
In section 62 of the Patents Act 1977 (restrictions on recovery of damages for infringement), in subsection (1), after “the number of the patent” insert “ or a relevant internet link ”.
After that subsection insert—
In section 74A of the Patents Act 1977 (the title to which becomes “ Opinions on matters prescribed in the rules ”), in subsection (1), for the words from “an opinion” to the end substitute “ an opinion on a prescribed matter in relation to the patent ”.
In section 74B of that Act (reviews of opinions under section 74A), omit subsection (2)(c) (power to make rules providing for review proceedings to be treated as other proceedings under the Act).
In Schedule 4A to that Act (application of Act to supplementary protection certificates), in paragraph 1(2), at the appropriate place insert— “ sections 74A and 74B (opinions by the Patent Office); ”.
In section 73 of that Act (comptroller's power to revoke patents), after subsection (1) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 118 of the Patents Act 1977 (information on patent applications etc.), in subsection (3), after paragraph (a) (but before the following “or”) insert—.
After that subsection insert—
After subsection (3B) insert—
The Schedule (which makes minor amendments to the Patents Act 1977) has effect.
After section 22 of the Freedom of Information Act 2000, insert—
The Secretary of State must, before the end of the period of 6 months beginning with the end of each financial year, lay before Parliament a report setting out—
the Secretary of State's opinion of the extent to which during that year—
the activities of the Patent Office have contributed to the promotion of innovation and of economic growth in the United Kingdom, and
legislation relating to intellectual property has been effective in facilitating innovation and economic growth in the United Kingdom, and
how the promotion of innovation and of economic growth in the United Kingdom was taken into account in the case of any legislation relating to intellectual property that was passed or made during that year.
The reference to the activities of the Patent Office is a reference to—
the activities of the comptroller-general of patents, designs and trade marks, and
the activities of the officers and clerks of the Patent Office.
The references to legislation relating to intellectual property do not include a reference to legislation relating to plant breeders' rights or rights under section 7 of the Plant Varieties Act 1997.
“Financial year” means a period of 12 months ending with 31 March.
“Legislation” includes—
subordinate legislation within the meaning of the Interpretation Act 1978, and
legislation of the European Union.
In section 154 of the Copyright, Designs and Patents Act 1988 (qualification by reference to author), in subsection (1)—
in paragraph (a), after “a British citizen,” insert “ a national of another EEA state, ”,
for paragraph (b) (but not the following “or”) substitute—, and
for paragraph (c) substitute—
In section 155 of that Act (qualification by reference to country of first publication), in subsection (1)—
in paragraph (a), after “the United Kingdom” insert “ , another EEA state, the Channel Islands, the Isle of Man or Gibraltar ”, and
in paragraph (b), for “another country” substitute “ a country ”.
In section 156 of that Act (qualification by reference to place of transmission), in subsection (1)—
in paragraph (a), after “the United Kingdom” insert “ , another EEA state, the Channel Islands, the Isle of Man or Gibraltar ”, and
in paragraph (b), for “another country” substitute “ a country ”.
For section 159 of that Act substitute—
In section 206 of that Act (rights in performances: qualifying countries, etc.), in subsection (1), in the definition of “qualifying country”—
for paragraph (b) substitute—,
after that paragraph (but before the following “or”) insert—, and
after paragraph (ba) (but before the following “or”) insert—.
In that section, after subsection (3) insert—
In that section, after subsection (5) insert—
In section 208(5) of that Act (which, so far as it gives power to designate any of the Channel Islands or the Isle of Man, is superseded by the new section 206(1)(ba)) omit “any of the Channel Islands, the Isle of Man or”.
After section 212 of that Act insert—
The Secretary of State may by order made by statutory instrument—
make provision in consequence of a provision of this Act;
make transitional, transitory or saving provision in connection with the commencement of a provision of this Act or of provision made under paragraph (a).
An order under this section may amend, repeal, revoke or otherwise modify an enactment.
The power conferred by this section is not restricted by any other provision of this Act.
In this section, “enactment” includes— and references to an enactment include a reference to an enactment passed or made after the passing of this Act.
an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation,
A statutory instrument which contains an order under this section containing (whether alone or with other provision) provision that amends or repeals a provision of an Act of Parliament may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Subject to that, a statutory instrument which contains an order under this section containing (whether alone or with other provision) provision under subsection (1)(a) is subject to annulment in pursuance of a resolution of either House of Parliament.
The preceding provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
An order under this section may appoint different days for different purposes.
An amendment or repeal made by this Act has the same extent as the enactment being amended or repealed.
Section 21 extends to England and Wales, Scotland and Northern Ireland.
Section 23 extends to England and Wales, Scotland, Northern Ireland and the Isle of Man.
This Act may be cited as the Intellectual Property Act 2014.
Section 19
In section 5 of the Patents Act 1977 (priority date), in subsection (5), after paragraph (a) insert—. In that subsection, for “such an application” substitute “ an application for a patent under this Act ”. In that section, omit subsection (6).
In section 60(7) of that Act (meaning of infringement: interpretation), in the definition of “Directive 2001/82/EC”, for “Directive 2004/28” substitute “ Directive 2004/28/EC ”.
In section 20B of that Act (effect of reinstatement of patent application), after subsection (4) insert—
In section 77 of that Act (European patents (UK)), after subsection (5) insert—
In each of the following provisions of that Act, for “the end of the period of two years beginning with” substitute “ the second anniversary of ” In section 74(4)(b) of that Act (proceedings where validity of patent may be in issue), for “before the end of the period of two years beginning with” substitute “ on or before the second anniversary of ”.
In section 52(4) of that Act (appeals), for “such other counsel” substitute “ such other person who has a right of audience ”. In section 58(2) of that Act (disputes as to Crown use), for “counsel for the other party” substitute “ the other party's legal representative ”.