Clause 8

by deleting subsection (2) and substituting the following subsection:“(2) Subsection (1) does not apply if —

the previous use consisted of or included the sale, letting for hire, or offer or exposure for sale or hire, of —

articles or non‑physical products to which had been applied —

the design in question; or

a design differing from the design in question only in immaterial details or in features that are variants commonly used in the trade (called in this subsection an immaterial variant); or

devices for projecting any non‑physical products mentioned in sub‑paragraph (i);

the design in question or an immaterial variant had been applied industrially in relation to those articles, non‑physical products or devices; and

the previous use was made by or with the consent of the copyright owner.”; and

by deleting the words “to articles or any description of articles” in subsection (3) and substituting the words “, in relation to articles, non‑physical products or devices for projecting non‑physical products,”.