Moved by
Lord Stevenson of Balmacara
1: Clause 1, page 1, line 5, leave out subsection (1) to (4) and insert—
“(1) In section 213(1) of the Copyright, Designs and Patents Act 1988 (unregistered design right: nature of design right), for “an original design” substitute “a design which is new and has individual character”.
(2) In section 213(2) of that Act for “the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article” substitute “the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself or its ornamentation, or both”.
(3) In section 213(3) of that Act, for paragraphs (a) to (c) substitute—
“(a) features of appearance of a product which are solely dictated by its technical function;
(b) features of appearance of a product which must necessarily be reproduced in their exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to or placed in, around or against another product so that either product may perform its function;
(c) a design which is contrary to public policy or to accepted principles of morality.”
(4) For section 213(4) substitute—
“(4) In determining whether a design is new and has individual character, the definitions contained in Articles 3, 4(2), 5(1)(a), 5(2), 6 and 7 of the Community Design Regulation, Regulation 6/2002 of 12 December 2001 (as amended), shall be applied.”
(5) In section 51(3) of that Act (design documents and models), for the definition of “design” substitute—
““design” has the meaning conferred on it by section 213(2);”.”