- a copy of the application
includes a copy of the application published in accordance with the Treaty in a language other than that in which it was filed.”
- account of profits
means accounting and payment of profits;
- accounts
means count, reckoning and payment;
- act incidental to Crown use
means anything done for the services of the Crown to the order of a government department by the design right owner in respect of a design;
- actionable threat
means a threat of infringement proceedings that is actionable in accordance with this section.
- apparatus
includes any device, component or electronic data (including software);
- Appeal Tribunal
means the Appeal Tribunal constituted and acting in accordance with section 28 of this Act as amended by the Administration of Justice Act 1969;
- appointed day
means the day appointed for the coming into force of paragraph 1 of Schedule 4 to the Legal Services Act 2007;
- appropriate person
means the person required to make the material open to public inspection or, as the case may be, the person maintaining the register;
- article
means any article of manufacture and includes any part of an article if that part is made and sold separately;
- artistic work
has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988;
- assignee
includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person;
- assignment
means assignation;
- author
means an author, or prospective author, of a literary, dramatic, musical or artistic work.
- Authorised body
means—
- Berne Convention country
means a country which is a party to any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9th September 1886;
- British design
means a design which qualifies for design right protection by reason of a connection with the United Kingdom of the designer or the person by whom... the designer is employed;
- British performance
means a performance—
- British ship
means a ship which is a British ship for the purposes of the Merchant Shipping Act 1995 otherwise than by virtue of registration in a country outside the United Kingdom;
- British works
means works of which the author was a qualifying person at the material time within the meaning of section 154.
- broadcast
means an electronic transmission of visual images, sounds or other information which— and which is not excepted by subsection (1A);
- building
includes any fixed structure, and a part of a building or fixed structure;
- business
includes a trade or profession;
- cable operator
means a person responsible for cable re-transmission of a wireless broadcast;
- cable re-transmission
means the reception and immediate re-transmission by cable, including the transmission of microwave energy between terrestrial fixed points, of a wireless broadcast.
- certified extract
means a copy and extract certified by the registrar and sealed with the seal of the Patent Office.
- certified licensing scheme
means a licensing scheme certified for the purposes of this section under section 143.
- collecting society
means a society or other organisation which has as its main object, or one of its main objects, the exercise of the right to equitable remuneration on behalf of more than one performer.
- collective work
means— (a) a work of joint authorship, or (b) a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;
- conditional access services
means services comprising the provision of conditional access technology.
- conditional access technology
means any technical measure or arrangement whereby access to encrypted transmissions in an intelligbile form is made conditional on prior individual authorisation;
- Convention country
means a country which is a party to a Convention relating to performers’ rights to which the United Kingdom is also a party.
- copy of the application
includes a copy published in accordance with the Treaty in a language other than that in which it was originally filed. 4 If the prescribed period expires without the conditions mentioned in subsection (3)(a) being satisfied, the application shall be taken to be withdrawn. 5 Where during the international phase the application is amended in accordance with the Treaty, the amendment shall be treated as made under this Act if— a when the prescribed period expires, any necessary translation of the amendment into English has been filed at the Patent Office, or b where the applicant expressly requests the comptroller to proceed earlier with the national phase of the application, there is then filed at the Patent Office— i a copy of the amendment, if none has yet been sent to the Patent Office in accordance with the Treaty, and ii any necessary translation of the amendment into English;
- copyright licences
means licences to do, or authorise the doing of, any of the acts restricted by copyright.
- copyright work
means a work of any of those descriptions in which copyright subsists.
- costs
means expenses;
- country
includes any territory;
- database
means a collection of independent works, data or other materials which—
- dealt with
means sold or let for hire or offered or exposed for sale or hire.
- declaration
means “declarator”;
- decoder
means any apparatus which is designed or adapted to enable (whether on its own or with any other apparatus) an encrypted transmission to be decoded;
- defendant
means defender;
- delivery up
means delivery;
- dependent territory
means any of the Channel Islands, the Isle of Man or any colony.
- design
means the design of... the shape or configuration (whether internal or external) of the whole or part of an article.
- design document
means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise;
- design pooling agreement
means an agreement— a to which the parties are or include at least three persons(the “principal parties”) each of whom has an interest in one or more design rights, and b by which each principal party agrees, in respect of design right in which he has, or may during the currency of the agreement acquire, an interest to grant an interest (directly or indirectly) to one or more of the other principal parties, or to one or more of those parties and to other persons. 4 In this paragraph— • “ assignment ”, in Scotland, means assignation;
- director
means a member of the body corporate.
- Disabled person
means a person who has a physical or mental impairment which prevents the person from enjoying a copyright work to substantially the same degree as a person who does not have that impairment, and “disability” is to be construed accordingly.
- dramatic work
includes a work of dance or mime;
- e-audio-book
means an audio-book (as defined in paragraph (a)) in a form enabling lending of the book by electronic transmission,
- electronic
means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;
- encrypted
includes subjected to scrambling or the operation of cryptographic envelopes, electronic locks, passwords or any other analogous application;
- estoppel
means personal bar;
- exclusive licence
means a licence in writing signed by or on behalf of the design right owner authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the design right owner.
- exclusive recording contract
means a contract between a performer and another person under which that person is entitled to the exclusion of all other persons (including the performer) to make recordings of one or more of his performances with a view to their commercial exploitation.
- existing material
means—
- Existing works
has the same meaning as in Schedule 1.
- facsimile copy
includes a copy which is reduced or enlarged in scale;
- film
means a recording on any medium from which a moving image may by any means be produced.
- for the personal use of disabled persons
includes to communicate, make available, distribute or lend to a person acting on behalf of a disabled person.
- future copyright
means copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event;
- future design right
means design right which will or may come into existence in respect of a future design or class of designs or on the occurrence of a future event;
- general licence
means a licence granted by a licensing body which covers all works of the description to which it applies.
- giving or receiving instruction
includes setting examination questions, communicating the questions to pupils and answering the questions.
- government department
includes a Northern Ireland department and any part of the Scottish Administrationand any part of the Welsh Assembly Government.
- graphic work
includes— • “photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;
- group
means two or more performers who have a particular name by which they may be identified collectively.
- illicit recording
includes a recording falling to be treated as an illicit recording by virtue of any of the following provisions of Schedule 2— but otherwise does not include a recording made in accordance with any of the provisions of that Schedule.
- in electronic form
means in a form usable only by electronic means;
- infringing article
means a work or a copy of a work which—
- infringing copy
includes a copy falling to be treated as an infringing copy by virtue of any of the following provisions —
- initial period
means the period beginning on the date the recording is made and ending 50 years from the end of the calendar year in which the sound recording is made, • “producer” means the person for the time being entitled to the copyright in the sound recording, • “sufficient quantities” means such quantity as to satisfy the reasonable requirements of the public for copies of the sound recording, • “unauthorised act” has the same meaning as in section 178.
- injunction
means interdict;
- innocently acquired
means that the person acquiring the article did not know and had no reason to believe that it was an infringing article.
- intellectual property
means patents, registered designs, copyright and design right (or any similar rights under the law of a country outside the United Kingdom). ”
- intelligence services
has the meaning given in section 81 of the Regulation of Investigatory Powers Act 2000.
- interest
means an interest as owner or licensee of design right. 5 This paragraph applies to an interest held by or granted to more than one person jointly as if they were one person. 6 References in this paragraph to the granting of an interest to a person indirectly are to its being granted to a third person for the purpose of enabling him to make a grant to the person in question.”
- interlocutory relief
means interim remedy;
- international organisation
means an organisation the members of which include one or more states;
- item
means a work or a copy of a work.
- joint design
means a design produced by the collaboration of two or more designers in which the contribution of each is not distinct from that of the other or others.
- judicial proceedings
includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or liabilities;
- kit
means a complete or substantially complete set of components intended to be assembled into an article.
- lending
means making a copy of a recording available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public.
- liability
includes liability to pay costs;
- Library
means—
- licensing body
means
- licensing scheme
means a scheme setting out— and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.
- literary work
means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes— (a) a table or compilation other than a database,...
- loss
includes a loss by not getting what one might get.
- marketed
means sold, let for hire or offered or exposed for sale or hire, in the United Kingdom or elsewhere.
- Marrakesh beneficiary
means a person who— (a) is blind, (b) has a visual impairment which cannot be improved so as to give the person visual function substantially equivalent to that of a person who has no such impairment, and who is, as a result, unable to read printed works to substantially the same degree as a person without such an impairment, (c) has a perceptual or reading disability and is, as a result, unable to read printed works to substantially the same degree as a person without such disability, or (d) is otherwise unable, due to a physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would normally be acceptable for reading;
- Marrakesh work
means a work in the form of a book, journal, newspaper, magazine or other kind of writing, notation, including sheet music, and related illustrations, in any media, including in audio form such as audiobooks and in digital format, which is protected by copyright, related rights or database rights and which is published or otherwise lawfully made publicly available;
- Museum
includes a gallery.
- musical work
means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.
- national of the United Kingdom
means— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas Citizen, (b) a person who under the British Nationality Act 1981 is a British subject, (c) a British protected person within the meaning of that Act, or (d) a body incorporated under the law of any part of the United Kingdom. • “parliamentary proceedings” includes proceedings of the Northern Ireland Assembly of the Scottish Parliament, of the New Northern Ireland Assembly or of the European Parliament and Assembly proceedings within the meaning of section 1(5) of the Government of Wales Act 2006;
- needletime
means the time in any period (whether determined as a number of hours in the period or a proportion of the period, or otherwise) in which any recordings may be included in a broadcast...;
- non-exclusive licensee
means the holder of a licence authorising the licensee to exercise a right which remains exercisable by the copyright owner.
- on-demand programme service
has the same meaning as in the Communications Act 2003 (see section 368A of that Act).
- parliamentary proceedings
includes proceedings of the Northern Ireland Assembly of the Scottish Parliament, of the New Northern Ireland Assembly or of the European Parliament and Assembly proceedings within the meaning of section 1(5) of the Government of Wales Act 2006;
- patent attorney
means—
- patent attorney work
means work done in the course of carrying on the business of acting as agent for others for the purpose of— (a) applying for or obtaining patents, in the United Kingdom or elsewhere, or (b) conducting proceedings before the comptroller relating to applications for, or otherwise in connection with, patents;
- patent proceedings
means proceedings under this Act or any of the relevant conventions, before the court, the comptroller or the relevant convention court, whether contested or uncontested and including an application for a patent;
- payment for Crown use
means such amount as is payable by the government department concerned by virtue of section 241;
- performance
means — which is, or so far as it is, a live performance given by one or more individuals;
- period of emergency
means a period beginning with such date as may be declared by Order in Council to be the beginning, and ending with such date as may be so declared to be the end, of a period of emergency for the purposes of this section.
- permitted act
means an act which may be done in relation to copyright works, notwithstanding the subsistence of copyright, by virtue of a provision of this Act listed in Part 1 of Schedule 5A;
- personal copy
refers to a copy of a recording of a performance which may be made under paragraph 1B of Schedule 2 without infringing the rights conferred by Chapter 2 of Part II (rights in performances), and
- photograph
means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;
- place of public entertainment
includes premises which are occupied mainly for other purposes but are from time to time made available for hire for the purposes of public entertainment.
- plaintiff
means pursuer.
- premises
includes land, buildings, fixed or moveable structures, vehicles, vessels, aircraft and hovercraft.
- prescribed
means prescribed by rules made by the Secretary of State under this Act;
- private use
includes private use facilitated by the making of a copy—
- producer
means the person for the time being entitled to the copyright in the sound recording, • “sufficient quantities” means such quantity as to satisfy the reasonable requirements of the public for copies of the sound recording, • “unauthorised act” has the same meaning as in section 178.
- professional adviser
means a person who, in relation to the making of the communication containing the threat—
- proprietor
has the meaning assigned to it by section two of this Act;
- public business
includes any activity carried on by the Crown.
- public library
means a library administered by or on behalf of— (a) in England and Wales, a library authority within the meaning of the Public Libraries and Museums Act 1964;
- qualifying country
means— • “qualifying individual” means a citizen or subject of, or an individual resident in, a qualifying country;
- qualifying individual
means a citizen or subject of, or an individual resident in, a qualifying country;
- qualifying person
means a qualifying individual or a body corporate or other body having legal personality which—
- registered patent attorney
has the meaning given by section 275 (2);
- registered person
means— (a) a registered patent attorney, or (b) a body (corporate or unincorporate) registered in the register kept under section 275;
- registered proprietor
means the person or persons for the time being entered in the register of designs as proprietor of the design;
- registrar
means the Comptroller-General of Patents Designs and Trade Marks;
- regulated person
means a person who is not a registered person but is a manager or employee of a body which is a registered person.
- Relevant body
has the meaning given by that Schedule.
- relevant offence
means— (a) an offence under section 297A(1) (criminal liability for making, importing, etc unauthorised decoders), (b) an offence under the Trade Descriptions Act 1968, (c) an offence under the Business Protection from Misleading Marketing Regulations 2008, (d) an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or (e) any offence involving dishonesty or deception;
- relevant period
means—
- relevant work
means a copyright work other than—
- rental
means making a copy of a recording available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage, and
- rental right
means the right of a copyright owner to authorise or prohibit the rental of copies of the work (see section 18A);
- reprographic process
means a process— (a) for making facsimile copies, or (b) involving the use of an appliance for making multiple copies, and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording;
- restrictive measure
means any technology, device or component designed, in the normal course of its operation, to protect the rights of copyright owners, which has the effect of preventing a copyright work from being copied (in whole or in part) or restricting the number of copies which may be made;
- rights management information
means any information provided by the copyright owner or the holder of any right under copyright which identifies the work, the author, the copyright owner or the holder of any intellectual property rights, or information about the terms and conditions of use of the work, and any numbers or codes that represent such information.
- Royal Commission
includes a Commission appointed for Northern Ireland by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the Northern Ireland Constitution Act 1973;
- royalties
includes any benefit determined by reference to the use of the design.
- scheme
includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.
- sculpture
includes a cast or model made for purposes of sculpture.
- service provider
has the meaning given to it by regulation 2 of the Electronic Commerce ( EC Directive) Regulations 2002.
- set of articles
means a number of articles of the same general character ordinarily on sale or intended to be used together, to each of which the same design, or the same design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, is applied.
- sound recording
means— regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.
- statutory inquiry
means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment.
- statutory register
means a register maintained in pursuance of a statutory requirement;
- statutory requirement
means a requirement imposed by provision made by or under an enactment.
- sufficient acknowledgement
means an acknowledgement identifying the work in question by its title or other description, and identifying the author unless— (a) in the case of a published work, it is published anonymously;
- sufficient consent
means—
- sufficient quantities
means such quantity as to satisfy the reasonable requirements of the public for copies of the sound recording, • “unauthorised act” has the same meaning as in section 178.
- telecommunications system
means a system for conveying visual images, sounds or other information by electronic means;
- terms of payment
means terms as to payment for including sound recordings in a broadcast....
- the 1911 Act
means the Copyright Act 1911, • “the 1956 Act” means the Copyright Act 1956, and • “the new copyright provisions” means the provisions of this Act relating to copyright, that is, Part I (including this Schedule) and Schedules 3, 7 and 8 so far as they make amendments or repeals consequential on the provisions of Part I.
- the 1956 Act
means the Copyright Act 1956, and • “the new copyright provisions” means the provisions of this Act relating to copyright, that is, Part I (including this Schedule) and Schedules 3, 7 and 8 so far as they make amendments or repeals consequential on the provisions of Part I.
- the 2003 Act
means the Legal Deposit Libraries Act 2003;
- the appropriate Minister or Ministers
means the Minister or Ministers to whom the report of the Commission was made.”
- the Berne Convention
means any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9 September 1886;
- the Community Design Regulation
means Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.
- the comptroller
means the Comptroller-General of Patents, Designs and Trade Marks;
- the court
means— (a) in relation to an order made on an application under subsection (2)(a), the sheriff, and (b) in relation to an order made under subsection (2)(b), the court which imposed the penalty.
- the Crown
includes a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, NHS England, an integrated care board established under section 14Z25 of the National Health Service Act 2006,..., the Care Quality Commission..., the Health Services Safety Investigations Body, the Health Research Authority and a National Health Service trust established under section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978 and an NHS foundation trust and also includes a health and social services body, as defined in Article 7(6) of the Health and Personal Social Services (Northern Ireland) Order 1991, and a Health and Social Services trust established under that Order, and the reference in subsection (1) above to public business shall be construed accordingly.
- the EEA
means the European Economic Area;
- the European list
means the list of professional representatives maintained by the European Patent Office in pursuance of the European Patent Convention;
- the High Court
means the High Court in England and Wales;
- the Hospital
means Great Ormond Street Hospital for Children, •... • “the work” means the play “Peter Pan” by Sir James Matthew Barrie.
- the new copyright provisions
means the provisions of this Act relating to copyright, that is, Part I (including this Schedule) and Schedules 3, 7 and 8 so far as they make amendments or repeals consequential on the provisions of Part I.
- the prescribed amount
means such amount as may be prescribed by Her Majesty for the purposes of this section by Order in Council.
- the public lending right scheme
means the scheme in force under section 1 of that Act,
- the relevant conventions
means the European Patent Convention, the Community Patent Convention and the Patent Co-operation Treaty. ”
- the relevant date
means—
- the Rome Convention
means the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961.
- the work
means the play “Peter Pan” by Sir James Matthew Barrie.
- the WPPT
means the World Intellectual Property Organisation Performances and Phonograms Treaty adopted in Geneva on 20 December 1996.
- translation
includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code...
- transmission
means— (a) any programme included in a broadcasting... service which is provided from a place in the United Kingdom...;
- typeface
includes an ornamental motif used in printing;
- unauthorised act
has the same meaning as in section 178.
- voluntary measure or agreement
means— (a) any measure taken voluntarily by a copyright owner, his exclusive licensee or a person issuing copies of, or communicating to the public, a work other than a computer program, or (b) any agreement between a copyright owner, his exclusive licensee or a person issuing copies of, or communicating to the public, a work other than a computer program and another party, the effect of which is to enable a person to carry out a permitted act.
- wireless broadcast
means a broadcast by means of wireless telegraphy;
- wireless telegraphy
means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose, but does not include the transmission of microwave energy between terrestrial fixed points;
- with a view to commercial exploitation
means with a view to the recordings being sold or let for hire, or shown or played in public.
- work of co-authorship
means a work produced by the collaboration of the author of a musical work and the author of a literary work where the two works are created in order to be used together.
- work of joint authorship
means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.
- writing
includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written” shall be construed accordingly