“similar design”, in relation to a corresponding design, means a design that consists of the corresponding design with modifications or variations not sufficient to alter the character or substantially to affect the identity of the corresponding design;
“UK Act” means the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88).
Purpose of this Division
271. The purpose of this Division is to restrict the application of copyright law in relation to an artistic work with a corresponding design that is, has been or could be applied to—
- (a) articles or products, under the Registered Designs Act; or
- (b) useful articles.
Artistic work with corresponding design that is or was registered under Registered Designs Act
272.—(1) This section applies where there is, in relation to an artistic work, a corresponding design that is or is deemed to be registered.
(2) Subject to section 273, it is a permitted use of the artistic work to—
- (a) while the registration is still in force—do any act that is within the exclusive rights in the corresponding design; or
- (b) after the registration is no longer in force—do any act that would have been within—
- (i) the exclusive rights in the corresponding design; or
- (ii) the exclusive rights in any possible similar design,
- if the corresponding design and all possible similar designs had been registered in respect of all the articles and products to which they were capable of being applied.
