Registered Designs Act 2000 · 2020 Revised Edition · Part 4 · Government Use of Registered Designs
46. Terms of Government use
Feedback & supportIf and so far as the design has, before the date of its registration, been applied by or on behalf of the Government otherwise than in consequence of the communication of the design, directly or indirectly, by the registered owner or any person from whom the registered owner derives title, any use of the design by virtue of section 45 may be made free of any royalty or other payment to the registered owner.
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;
If and so far as the design has not been so applied, any use of the design made by virtue of section 45 at any time after the date of its registration, or in consequence of any communication referred to in subsection (1), must be made on such terms —
as may be agreed upon, either before or after the use, between the Government and the registered owner; or
in default of such agreement, as may be determined by the Court on a reference under section 48.
Where a design has been made use of under this section, the Government, unless it appears to the Government that it would be contrary to the public interest to do so, must inform the registered owner as soon as possible of the fact and furnish the registered owner with such information as to the use made of the design as the registered owner from time to time reasonably requires.
registered owner
“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;