Copyright Act 2021 · 2020 Revised Edition · Part 5 · Permitted Uses of Copyright Works and Protected Performances
273. Modification of section 272 if registration is false
Feedback & supportSubject to subsection (2), section 272 does not apply in any proceedings for an infringement of the copyright in the artistic work if —
infringement
“infringement” means an infringement of copyright for which the copyright owner and the exclusive licensee of the copyright have concurrent rights of action;
the registration of the corresponding design is still in force before the proceedings begin; and
it is proved or admitted in those proceedings that —
the person registered or deemed to be registered as the owner of the design is not in fact —
the owner of the design for the purposes of the Registered Designs Act 2000; or
the proprietor of the design for the purposes of the UK Act; and
the person is registered as the owner or proprietor of the design without the knowledge of the owner of the copyright in the artistic work.
Despite subsection (1), section 272 still applies to an act to which those proceedings relate if it is proved or admitted in those proceedings that the act was done —
under an assignment made, or licence granted, by the registered owner of the design;
in good faith in reliance upon the registration; and
without notice of any proceedings for the cancellation or revocation of the registration (as the case may be) or for rectifying the entry in the relevant register of designs.
If section 272 does not apply to any proceedings by virtue of this section, nothing in any law relating to industrial design is to be construed as affording a defence in those proceedings.