Copyright, Designs and Patents Act, 1988. Chapter 48.

  • Great Britain.
Date:
1988
Catalogue details

Licence: Open Government Licence

Credit: Copyright, Designs and Patents Act, 1988. Chapter 48. Source: Wellcome Collection.

    223/256 (page 207)
    agreement be determined by the court on a reference under the next following paragraph; and (b) in relation to any use of the design made for the services of the Crown by the registered proprietor to paragraph (3) of paragraph 1 of this Schedule shall have effect as if that use were made by virtue of an (4) Where, under sub-paragraph (3) of paragraph | of this Schedule, payments are required to be made by a Government department to a registered proprietor in respect of any use of a design, any person being the holder of an exclusive licence under the registered design (not being such a licence as is mentioned in sub-paragraph (2) of this paragraph) authorising him to make that use of the design shall be entitled to recover from the registered proprietor such part (if any) of those payments as may be agreed upon between that person and the registered proprietor, or as may in default of agreement be determined by the court under the next following paragraph to be just having regard to any expenditure incurred by that person— (a) in developing the said design; or (b) in making payments to the registered proprietor, other than royalties or other payments determined by reference to the use of the design, in consideration of the licence; and if, at any time before the amount of any such payment has been agreed upon between the Government department and the registered proprietor, that person gives notice in writing of his interest to the department, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent. (5) In this paragraph “exclusive licence’”’ means a licence from a registered proprietor which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the registered proprietor), any right in respect of the registered design. Compensation for loss of profit 2A.—(1) Where Crown use is made of a registered design, the government department concerned shall pay— (a) to the registered proprietor, or (b) if there is an exclusive licence in force in respect of the design, to the exclusive licensee, compensation for any loss resulting from his not being awarded a contract to supply the articles to which the design is applied. (2) Compensation is payable only to the extent that such a contract could have been fulfilled from his existing manufacturing capacity; but is payable notwithstanding the existence of circumstances rendering him ineligible for the award of such a contract. (3) In determining the loss, regard shall be had to the profit which would have been made on such a contract and to the extent to which any manufacturing capacity was under-used.