Registered Designs Act 2000 · 2020 Revised Edition · Part 2 · Registration of Designs
22. Exceptions relating to artistic works, etc.
Feedback & supportLast amended by an amending law of 2021.
Despite section 21, where it is shown that a registered design —
was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsists under the Copyright Act 2021; and
by reason of a previous use of that work would not have been registrable but for section 9(1),the period of registration of the design expires when the copyright in that work expires, if that is earlier than the time at which it would otherwise expire, and it may not thereafter be extended.
Despite section 21, the period of registration of a design registered by virtue of section 10(1) does not extend beyond the end of the period of registration, and any extended period of registration, of the original registered design.
design
“design” means features of shape, configuration, colours, pattern or ornament applied to any article or non‑physical product that give that article or non‑physical product its appearance, but does not include —(a)a method or principle of construction;(b)features of shape, configuration or colours of an article or a non‑physical product that —(i)are dictated solely by the function that the article or non‑physical product has to perform;(ii)are dependent upon the appearance of another article or non‑physical product of which the article or non‑physical product is intended by the designer to form an integral part; or(iii)enable the article or non‑physical product to be connected to, or placed in, around or against, another article or non‑physical product, so that either article or non‑physical product may perform its function; or(c)features consisting only of one or more colours that —(i)are not used with any feature of shape or configuration; and(ii)do not give rise to any feature of pattern or ornament;