Page:Copyright Act 2021.pdf/186

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Modification of section 272 if registration is false

273.—(1) Subject to subsection (2), section 272 does not apply in any proceedings for an infringement of the copyright in the artistic work if—

(a) the registration of the corresponding design is still in force before the proceedings begin; and

(b) it is proved or admitted in those proceedings that—

(i) the person registered or deemed to be registered as the owner of the design is not in fact—

(A) the owner of the design for the purposes of the Registered Designs Act; or

(B) the proprietor of the design for the purposes of the UK Act; and

(ii) 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.

(2) 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—

(a) under an assignment made, or licence granted, by the registered owner of the design;

(b) in good faith in reliance upon the registration; and

(c) 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.

(3) 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.

Artistic work with industrially-applied corresponding design that could have been registered under Registered Designs Act

274.—(1) Subject to subsection (3), this section applies where—

(a) copyright subsists in an artistic work;