Copyright and Related Rights Act 2000

Acts done in reliance on registration of design.

78

78.—(1) The copyright in a work is not infringed by anything done—

(a) pursuant to an assignment or licence made or granted by a person registered under F68[the Industrial Designs Act 2001] as the proprietor of a corresponding design, and

(b) in good faith and in reliance on such registration and without notice of any proceedings for the cancellation of the registration or for rectifying the relevant entry in the register of designs.

(2) In subsection (1) “corresponding design”, in relation to a work, means a design within the meaning of F68[the Industrial Designs Act, 2001] which, if applied to an article, would produce anything which would be treated for the purposes of this Part as a copy of the work.

Annotations

Amendments:

F68

Substituted (1.07.2002) by Industrial Designs Act 2001 (39/2001), s. 89(c), (d), S.I. No. 275 of 2002.