Moved by
Lord Stevenson of Balmacara
4: Clause 2, page 2, line 31, at end insert—
“( ) For section 259 of the Copyright, Designs and Patents Act 1988 (joint designs) substitute—
“Joint designs
(1) Where two or more persons have jointly developed a design, design right shall vest in them jointly.
(2) Where two or more persons are proprietors of unregistered design right or community unregistered design right, then, subject to the provisions of this section and subject to any agreement to the contrary—
(a) each of them shall be entitled, by himself or his agents, to do in respect of the design concerned, for his own benefit and without the consent of or the need to account to the other or others, any act which would apart from this subsection, amount to an infringement of the design right concerned; and
(b) any such act shall not amount to an infringement of the design right or unregistered community design right concerned.
(3) Subject to any agreement for the time being in force, where two or more persons are proprietors of design right or unregistered community design right one of them shall not without the consent of the other or others grant a licence under the design right or assign or mortgage a share in the design right or in Scotland cause or permit security to be granted over it.
(4) Where an article is disposed of by any of two or more proprietors of unregistered design right to any person, that person and any other person claiming through him shall be entitled to deal with the article in the same way as if it had been disposed of by a sole proprietor.””