Section 254 Licensee under licence of right not to claim connection with design right owner.

(1)

A person who has a licence in respect of a design by virtue of section 237 or 238 (licences of right) shall not, without the consent of the design right owner—

(a)

apply to goods which he is marketing, or proposes to market, in reliance on that licence a trade description indicating that he is the licensee of the design right owner, or

(b)

use any such trade description in an advertisement in relation to such goods.

(2)

A contravention of subsection (1) is actionable by the design right owner.

(3)

In this section “trade description”, the reference to applying a trade description to goods and “advertisement” have the same meaning as in the M1Trade Descriptions Act 1968.

Annotations

Marginal citations

M1: 1968 c. 29.

Notes on Part III

Modifications

C1: Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch. (as amended (1.1.2024) by S.I. 2023/1285, regs. 1(2), 2(2))

Notes on Licensee under licence of right not to claim connection with design right owner

Textual amendments

F1: S. 254 cross-heading inserted (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 5(3), 8; S.I. 2017/771, reg. 2(1)(b) (with reg. 3)