38. Infringement proceedings by exclusive licensee

Terms defined in s 2

• Court

  Court

  Defined · s 2

  “Court” means the General Division of the High Court;

  Open s 2
• design

  design

  Defined · s 2

  “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;

  Open s 2
• exclusive licence

  exclusive licence

  Defined · s 2

  “exclusive licence” means a licence from the registered owner of a registered design authorising the licensee, or the licensee and persons authorised by the licensee, to the exclusion of all other persons (including the registered owner), to use the design in the manner authorised by the licence and “exclusive licensee” is to be construed accordingly;

  Open s 2
• registered design

  registered design

  Defined · s 2

  “registered design” means a design registered under this Act;

  Open s 2
• registered owner

  registered owner

  Defined · s 2

  “registered owner”, in relation to a registered design, means the person whose name is for the time being entered in the Register as the owner of the design or, if there are 2 or more such persons, each of those persons;

  Open s 2