Intellectual Property 
Act 2014
CHAPTER 18
Explanatory Notes have been produced to assist in the
understanding of this Act and are available separately
£6.00 Intellectual Property Act 2014
CHAPTER 18
CONTENTS
PART 1
DESIGN
Unregistered design right
1 Meaning of “design” and “original”
2O w n e r s h i p  o f  d e s i g n
3 Qualification criteria
4 Infringement: exceptions
Registered Community design
5 Infringement: exception
Registered designs
6 Ownership of design and application for registration
7 Right of prior use
8 Accession to the Hague Agreement
9 The register: changes of owners hip and inspection of documents
10 Legal proceedings and appeals
11 Opinions service
12 Use of directions by the registrar
13 Offence of unauthorised copying etc.  of design in course of business
14 Offences committed by partnerships
PART 2
PATENTS
15 Infringement: marking product with internet link
16 Opinions serviceIntellectual Property Act 2014 (c. 18) ii
17 Unified Patent Court
18 Sharing information with overseas patent offices
19 Minor amendments to the Patents Act 1977
PART 3
MISCELLANEOUS
20 Freedom of information: exemption for research
21 Reporting duty
22 Recognition of foreign copyright works and performances
PART 4
GENERAL
23 Power to make consequential or transitional provision etc.
24 Commencement, extent and short title
Schedule — Minor amendments to the Patents Act 1977ELIZABETH II c. 18
Intellectual Property Act 2014
2014 CHAPTER 18
An Act to make provision about intellectual property. [14th May 2014]
E IT ENACTED  by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Te mporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:— 
PART 1
DESIGN
Unregistered design right
1 Meaning of “design” and “original”
(1) In section 213(2) of the Copyright, Designs and Patents Act 1988 (unregistered
design right: meaning of “design”), in subsection (2), omit “any aspect of”.
(2) In section 51 of that Act (copyright infringement: exception for certain designs),
in subsection (3), in the definition  of “design”, omit “any aspect of”.
(3) In section 213(4) of that Act (u nregistered design right: meaning of
“original”)—
(a) after “commonplace” insert “in a qualifying country”, and
(b) at the end insert “; and “qualifyi ng country” has the meaning given in
section 217(3)”.
(4) Subsection (3) applies only to designs created after the commencement of that
subsection.
2 Ownership of design
(1) In section 215 of the Copyright, Designs and Patents Act 1988 (ownership of
unregistered design right)—BIntellectual Property Act 2014 (c. 18)
Part 1 — Design2
(a) in subsection (1), omit “in pursuance of a commission or”, 
(b) omit subsection (2), and
(c) in subsection (3), omit “, in a ca se not falling within  subsection (2)”.
(2) In consequence of  subsection (1)—
(a) in section 213(5)(a) of that Act (person by reference to whom design
qualifies for design right), for “the design was commissioned or the
designer employed” substitute “the designer was employed”,
(b) in section 218 of that Act (design qu alifies for design right by reference
to designer), in subsecti on (1), omit “in pursua nce of a commission or”,
(c) in section 219 of that Act (the title to which becomes “Qualification by
reference to employer”), in subsec tion (1), for “in pursuance of a
commission from, or in the course of  employment with,” substitute “in
the course of employment with”,
( d ) i n  s u b s e c t i o n  ( 2 )  o f  t h a t  s e c t i o n ,  o m i t  “ a  j o i n t  c o m m i s s i o n  o r ”  a n d
“commissioners or”,
(e) in subsection (3) of that section, omit “jointly commissioned or”,
“commissioners or” and “commissioner or”,
(f) in that subsection, for “215(2) or (3)” substitute “215(3)”,
(g) in section 220 of that Act (qualification by reference to first marketing),
in subsection (1), omit “, commissioner”,
(h) in subsection (4)(a) of t hat section, omit “, commissioner of the design”, 
(i) in section 263 of that Act (definitions ), in subsection (1 ), in the definition
of “British design”, omit “the design is commissioned or”,
(j) in that subsection, omit the definition of “commission”, and
(k) in section 264 of that Act (index of  defined expressions), omit the entry
for “commission”.
(3) This section does not apply to—
(a) any design created before the commencement of this section, or
(b) any design created after the commencement of this section in
pursuance of a commission (irrespective of whether the design was
commissioned before or after that commencement) provided that—
(i) the designer and the commissioner of the design have entered
into a contract relating to the commission of the design, and
(ii) the contract was entered into before that commencement.
3 Qualification criteria
(1) In section 217 of that Act (qualifying individuals and qualifying persons), in
subsection (1)—
(a) omit the definition of “q ualifying individual”, and
(b) for the definition of “q ualifying person ” substitute—
““qualifying person” means—
(a) an individual habitually resident in a qualifying
country, or
(b) a body corporate or other body having legal
personality which—
(i) is formed under the law of a part of the
United Kingdom or another qualifying
country, andIntellectual Property Act 2014 (c. 18)
Part 1 — Design3
(ii) has in any qualifying country a place of
business at which substantial business
activity is carried on.”
(2) In that section, omit subsection (4).
(3) In section 218 of that Act (quali fication by refere nce to designer)—
( a ) i n  s u b s e c t i o n  ( 2 ) ,  o m i t  “ a  q u a l i f y i n g  i n d i v i d u a l  o r ,  i n  t h e  c a s e  o f  a
computer-generated design,”
(b) in subsection (3), omit “a qualifying individual or, as the case may be,”,
and
(c) in subsection (4), omit “qualifying individuals or”.
(4) In section 220 of that Act (qualifica tion by reference to  first marketing)—
(a) in subsection (1)(a), omit “who is  exclusively authorised to put such
articles on the market in the United Kingdom”,
(b) in subsection (2), for “require ments” substitute “requirement”,
(c) in subsection (3), for “those  requirements” substitute “that
requirement”, and
(d) omit subsection (4).
(5) In section 264 of that Act (index of de fined expressions), in the Table, omit the
entry for “qualifying individual”.
(6) This section applies only to designs created after the commencement of this
section.
4 Infringement: exceptions
After section 244 of the Copyright, De signs and Patents Act 1988 (but before
the following cross-heading) insert—
“Miscellaneous
244A Exception for private ac ts, experiments and teaching
Design right is not infringed by—
(a) an act which is done privatel y and for purposes which are not
commercial;
(b) an act which is done for experimental purposes; or
(c) an act of reproduction for teac hing purposes or for the purpose
of making citations provided that—
(i) the act of reproduction is  compatible with fair trade
practice and does not unduly prejudice the normal
exploitation of the design, and
(ii) mention is made of the source.
244B Exception for overseas ships and aircraft
Design right is not infringed by—
(a) the use of equipment on ships or  aircraft which are registered in
another country but which ar e temporarily in the United
Kingdom;
(b) the importation into the United Kingdom of spare parts or
accessories for the purpose of repa iring such ships or aircraft; orIntellectual Property Act 2014 (c. 18)
Part 1 — Design4
(c) the carrying out of repair s on such ships or aircraft.”
Registered Community design
5 Infringement: exception
(1) Section 53 of the Copyright, Design s and Patents Act 1988 (permitted acts in
relation to copyright works:  things done in reliance on  registration of design)
is amended as follows.
(2) In subsection (1),  in paragraph (a)—
(a) after “registered” insert “—
(i) ”, and
(b) after “corresponding design” insert “, or
(ii) under the Community De sign Regulation as the
right holder of a corresponding registered
Community design”.
(3) In paragraph (b) of that subsection, after “the registration or” insert “, in a case
of registration under the 1949 Act,”.
(4) At the end of that subsection, insert “o r, in a case of registration under the
Community Design Regulation, that the person registered as the right holder
was not the right holder of the design  for the purposes of the Regulation”.
(5) After subsecti on (2), insert—
“(3) In subsection (1), a “correspondi ng registered Comm unity design”, in
relation to an artistic work, means a design within the meaning of the
Community Design Regulation which if applied to an article would
produce something which would be treated for the purposes of this
Part as a copy of the artistic work.”
(6) After subsecti on (3), insert—
“(4) In this section, “the Community Design Regulation” means Council
Regulation (EC) No 6/2002 of 12 December 2001 on Community
designs.”
Registered designs
6 Ownership of design and application for registration
(1) In section 2 of the Registered Designs Act 1949 (ownership of registered
designs)—
(a) omit subsection (1A) (which provides for the commissioner of a design
to be the original proprietor), and
(b) in subsection (1B), omit “, in a case  not falling within subsection (1A),”.
(2) In section 3 of that Act (application for registration), om it subsection (2)
(requirement for application to be made by person cl aiming to be proprietor).Intellectual Property Act 2014 (c. 18)
Part 1 — Design5
7 Right of prior use
(1) After section 7A of the Registered Designs Act 1949 insert—
“7B Right of prior use
(1) A person who, before the applicat ion date, used a registered design in
good faith or made serious and effe ctive preparations to do so may
continue to use the design for the purposes for which, before that date,
the person had used it or made  the preparations to use it.
(2) In subsection (1 ), the “application date”, in relation to a registered
design, means—
(a) the date on which an application for the registration was made
under section 3, or
(b) where an application for the registration was treated as having
been made by virtue of section 14(2), the date on which it was
treated as having been so made.
(3) Subsection (1) does not apply if the design which the person used, or
made preparations to use, was co pied from the design which was
subsequently registered.
(4) The right conferred on a person by subsection (1) does not include a
right to licence another person to use the design.
(5) Nor may the person on whom the right under subsection (1) is
conferred assign the right, or transmit  it on death (or in the case of a
body corporate on its dissolution), unless—
(a) the design was used, or the pr eparations for its use were made,
in the course of a business, and
(b) the right is assigned or transmi tted with the part of the business
in which the design was used or  the preparations for its use
were made.”
(2) This section applies only to designs registered under the Registered Designs
Act 1949 after the commencement of this section.
8 Accession to the Hague Agreement
(1) After section 15 of the Registered Designs Act 1949 insert—
“15ZA Accession to the Hague Agreement
(1) The Secretary of State may by orde r make provision for giving effect in
the United Kingdom to the provisions  of the Geneva Act of the Hague
Agreement Concerning the Internat ional Registration of Industrial
Designs adopted by the Diplomatic Conference on 2 July 1999.
(2) An order under this section may, in particular, make provision about—
(a) the making of applications for international registrations at the
Patent Office;
( b ) t h e  p r o c e d u r e s  t o  b e  f o l l owed where an international
registration designates the United Kingdom;
(c) the effect of an international registration whic h designates the
United Kingdom;
(d) the communication of informat ion to the International Bureau;Intellectual Property Act 2014 (c. 18)
Part 1 — Design6
(e) the payment of fees.
(3) An order under this section may—
(a) amend this Act;
(b) apply specified provisions of this Act with such modifications
as may be specified.
(4) An expression used in  subsection (2) and in the Agreement referred to
in subsection (1) has the same meaning in that subsection as it has in the
Agreement.”
(2) In section 37 of that Act (rules and orders)—
(a) in subsection (3), befo re “shall be exercisable”  insert “and the power to
make an order under section 15ZA”, and
(b) before subsection (5) insert—
“(4B) The Secretary of State may not make an orde r under section
15ZA unless a draft of the statutory instrument containing the
order has been laid before, and approved by a resolution of,
each House of Parliament.”
9 The register: changes of owne rship and inspection of documents
(1) In section 19 of the Registered Designs Act 1949 (registration of assignments,
etc.), omit subsection (3A)  (which, where design righ t subsists in a registered
design, prohibits the registrar from registering an interest unless satisfied that
the person who has the interest has a corresponding interest in the design
right).
(2) In section 22 of that Act (the title to which becomes “Inspection of registered
designs and associated documents”), in  subsection (1), after paragraph (a)
insert “and
(aa) every document kept at the Patent Office in connection with
that design.”
(3) In that subsection, for “s ubsection (4)” substitute “subsections (4) to (7)”.
(4) After subsection (4) of that section insert—
“(5) For the purposes of subsection (1), a document is not to be regarded as
open for inspection unless (in addition to being open for inspection in
hard copy) it is made available by electronic transmission in such a way
that members of the public may access it at a place and time
individually chosen by them.”
(5) After subsection (5) insert—
“(6) The Secretary of State may by rules specify cases or circumstances in
which a document kept at the Patent Office in connection with a
registered design may not be inspected.
(7) Rules made under su bsection (6) may confer  a discretion on the
registrar.”
(6) In section 37 of that Act (rules and orde rs), in subsection (2 ), after “section 15”
insert “or 22(6)”.Intellectual Property Act 2014 (c. 18)
Part 1 — Design7
10 Legal proceedings and appeals
(1) In section 24B of the Registered Designs Act 1949 (exemption of innocent
infringer from liability), in subsection (1), omit “, and no  order shall be made
for an account of profits,”.
(2) After section 27 of that Act insert—
“27A Appeals from decisions of registrar
(1) An appeal against a decision of the registrar under this Act may be
made to—
(a) a person appointed by the Lord Chancellor (an “appointed
person”), or
(b) the court.
(2) On an appeal under this section to  an appointed person, the appointed
person may refer the appeal to the court if—
(a) it appears to the appointed pers on that a point of general legal
importance is involved,
(b) the registrar requests that the appeal be so referred, or
(c) such a request is made by an y party to the proceedings before
the registrar in which the decisi on appealed against was made.
(3) Before referring an appeal to th e court under subsection (2), the
appointed person must give the appellant and any other party to the
appeal an opportunity to make representations as to whether it should
be so referred.
(4) Where, on an appeal under this section to an appointed person, the
appointed person does not refer the appeal to the court—
(a) the appointed person  must hear and determine the appeal, and
(b) the appointed person ’s decision is final.
(5) Sections 30 and 31 (costs, evidence) apply to proceedings before an
appointed person as they apply to  proceedings before the registrar.
(6) In the application of this section to England and Wales, “the court”
means the High Court.
27B Persons appointed to hear and determine appeals
(1) A person is not eligible for appo intment under sectio n 27A(1)(a) unless
the person—
(a) satisfies the judicial-appointm ent eligibility condition on a 5-
year basis,
(b) is an advocate or solicitor in Scotland of at least 5 years’
standing,
(c) is a member of the Bar of Northern Ireland or solicitor of the
Court of Judicature of Northern Ireland of at least 5 years’
standing, or
(d) has held judicial office.
(2) An appointed person must hold an d vacate office in accordance with
his terms of appointment, subj ect to subsections (3) to (5).Intellectual Property Act 2014 (c. 18)
Part 1 — Design8
(3) An appointed person is to be paid such remuneration (whether by way
of salary or fees) and such allowances as the Secretary of State may with
the approval of the Treasury decide.
(4) An appointed person may resign offi ce by notice in writing to the Lord
Chancellor.
(5) The Lord Chancellor may by notice in writing remove an appointed
person (“A”) from office if—
( a ) A  h a s  b e c o m e  b a n k r u p t  o r  m a d e  a n  a r r a n g e m e n t  w i t h  A ’ s
creditors or, in Scotland, A’s esta te has been sequestrated or A
has executed a trust deed for A’s creditors or entered into a
composition contract,
(b) A is incapacitated by ph ysical or mental illness, or
(c) A is, in the opinion of the Lo rd Chancellor, ot herwise unable or
unfit to perform A’s duties  as an appointed person.
(6) Before exercising a power under section 27A or this section, the Lord
Chancellor must consult the Secretary of State.
(7) The Lord Chancellor may remove a person from office under
subsection (5) only with the conc urrence of the appropriate senior
judge.
(8) The appropriate senior judge is th e Lord Chief Justice of England and
Wales, unless—
(a) the person to be removed exer cises functions wholly or mainly
in Scotland, in which case it is  the Lord President of the Court
of Session, or
(b) the person to be removed exer cises functions wholly or mainly
in Northern Ireland, in which case  it is the Lord Chief Justice of
Northern Ireland.”
(3) In section 27(1)(a) of that Act, after “the High Court or” insert “(subject to
section 27A(6))”.
(4) Section 28 of that Act (the Appeal Tribunal) is repealed.
(5) In section 37(3) of that Act (provision as to rules and orders)—
(a) omit “or on the Appeal Tribunal”, and
(b) omit the words from “; and the Statutory Instruments Act 1946” to the
end.
(6) In section 44(1) of that Act (interpret ation), omit the definition of “Appeal
Tribunal”.
(7) In section 249 of the Copyright, Designs and Patents Act 1988 (right of appeal
as to terms of licence of right)—
(a) in subsection (1), for the words fr om “the Appeal Tribunal” to the end
substitute “a person appointed under section 27A of the Registered
Designs Act 1949”, and
(b) omit subsection (2).
(8) In section 251(4) of that Act (right of appeal against decisions of comptroller
relating to design right)—
(a) before “the High Court” insert “—
(a) ”, andIntellectual Property Act 2014 (c. 18)
Part 1 — Design9
(b) at the end insert “, or
(b) a person appointed under section 27A of the Registered
Designs Act 1949”.
(9) In the House of Commons Disqualificat ion Act 1975, in Schedule 1 (offices
disqualifying for membership), in Part 3 (other disqualifyin g offices), at the
appropriate place insert—
“Person appointed under section 27A of the Registered Designs Act 1949
to hear and determine appeals agains t decisions of the registrar under
that Act”.
(10) In the Constitutional Reform Act 2005, in Schedule 7 (protected functions of the
Lord Chancellor), in paragraph 4, at the appropriate place insert—
“Registered Designs Act 1949 (c.88)
Sections 27A and 27B.”
(11) Section 143 of the Tribunals, Courts and Enforcement Act 2007 (which makes
provision about appeals in relation  to design righ ts) is repealed.
11 Opinions service
(1) Before section 29 of the Registered De signs Act 1949 (and the preceding cross-
heading) insert—
“Opinions service
28A Opinions on designs
(1) The Secretary of State may by re gulations make provision about the
making of requests to the registrar for an opinion on specified matters
relating to—
(a) designs registered under this Act;
(b) designs of such other description as may be specified.
(2) The regulations must require th e registrar to give an opinion in
response to a request made un der the regulations, except—
(a) in specified cases or circumstances, or
(b) where for any reason the regist rar considers it inappropriate in
all the circumstances to do so.
(3) The regulations may provide that a request made under the regulations
must be accompanied by—
(a) a fee of a specified amount;
(b) specified information.
(4) The regulations must provide that an opinion given by the registrar
under the regulations is no t binding for any purposes.
(5) The regulations must provide th at neither the registrar nor any
examiner or other officer of the Pate nt Office is to incur any liability by
reason of or in connection with—
(a) any opinion given un der the regulations, or
(b) any examination or investigat ion undertaken for the purpose of
giving such an opinion.Intellectual Property Act 2014 (c. 18)
Part 1 — Design10
(6) An opinion given by the registrar under the regulations is not to be
treated as a decision of the regist rar for the purposes of section 27A.
(7) But the regulations must provide for an appeal relating to an opinion
given under the regulations to be made to a person appointed under
section 27A; and the regulations may make further prov ision in relation
to such appeals.
(8) The regulations may confer discretion on the registrar.
(9) Regulations under this section—
(a) may make different provis ion for different purposes;
(b) may include consequential, incidental, supplementary,
transitional, transitory or saving provision.
(10) In this section, “specified” mean s specified in regulations under this
section.”
(2) In Chapter 4 of Part 3 of the Co pyright, Designs and Patents Act 1988
(jurisdiction of the comptroller etc.), after section 249 insert—
“249A Opinions service
The descriptions of designs which may be specified in regulations
under subsection (1)(b) of section 28A of the Registered Designs Act
1949 (requests to the comptroller fo r opinions on designs) include, in
particular—
(a) designs in which design right subsists in acco rdance with this
Part, and
(b) designs in relation to which there is a question whether design
right so subsists.”
(3) In section 37 of the Registered Designs Act 1949 (the title to which becomes
“Provisions as to rules, regulations and orders”)—
(a) in subsection (3), after “an order under section 15ZA” (inserted by
section 8(2)(a)), insert “and the power to make regulations under
section 28A”,
(b) in subsection (4), after “under th is Act” insert “or regulations under
section 28A”, and
(c) after subsection (4) insert—
“(4A) Subsection (4) does not apply to  the first regulations to be made
under section 28A, but the Secretary of State may not make
those regulations unless a draf t of the statutory instrument
containing them has been laid before, and approved by a
resolution of, each House of Parliament.”
12 Use of directions by the registrar
(1) After section 31 of the Registered Designs Act 1949 insert—
“31A Power to require use of forms
(1) The registrar may require the use of such forms as the registrar may
direct for—
(a) an application for the registration of a design;Intellectual Property Act 2014 (c. 18)
Part 1 — Design11
(b) representations or specimens of designs or other documents
which may be filed at the Patent Office.
(2) The forms, and any directions by th e registrar about their use, are to be
published in the prescribed manner.”
(2) In section 3(1) of that Act (application for registration), om it “shall be made in
the prescribed form and”.
(3) In section 36(1A) of that Act (matte rs which may be covered in rules), for
paragraph (a) substitute—
“(a) requiring the furnishing of co pies of such representations or
specimens of designs or other do cuments as may be filed at the
Patent Office;”.
(4) In section 39(1) of th at Act (hours of business and excluded days)—
(a) for “Rules made by the Secretary of State under this Act may specify”
substitute “The registrar may gi ve directions specifying”, and
(b) for “and may specify” substitute “and specifying”.
(5) Despite the repeal made by subsecti on (2), any rules made in reliance on
section 3(1) of that Act which are in force immediately before the
commencement of that repeal continue in force until such time as directions
about forms of the kind which had been prescribed by the rules take effect.
(6) Despite the amendment made by subsec tion (3), any rules made in reliance on
section 36(1A)(a) of that Act which are in force immediately before the
commencement of that amendment cont inue in force until such time as
directions about forms of the kind whic h had been prescribed by the rules take
effect.
(7) In subsections (5) and (6), “direction s” means directions given under section
31A of that Act (as inserted by subsection (1)).
(8) Despite the amendment made by subsec tion (4), any rules made in reliance on
section 39(1) of that Act which are in force immediately before the
commencement of that amendment cont inue in force until such time as
directions about the matter specified by the rules take effect.
(9) In subsection (8),  “directions” means directions given under section 39(1) of
that Act (as amended by subsection (4)).
13 Offence of unauthorised copying etc.  of design in course of business
After section 35 of the Registered Designs Act 1949 insert—
“35ZA Offence of unauthorised copying et c. of design in course of business
(1) A person commits an offence if— 
(a) in the course of a business, the person intentionally copies a
registered design so as to make a product—
(i) exactly to that design, or
(ii) with features that differ on ly in immaterial details from
that design, and
(b) the person does so—
(i) knowing, or having reason to believe, that the design is
a registered design, and Intellectual Property Act 2014 (c. 18)
Part 1 — Design12
(ii) without the consent of the registered proprietor of the
design.
(2) Subsection (3) applies in relation to a product where a registered design
has been intentionally copied so as to make the product—
(a) exactly to the design, or
(b) with features that differ only in immaterial details from the
design.
(3) A person commits an offence if—
(a) in the course of a business, the person offers, puts  on the market,
imports, exports or uses the produc t, or stocks it for one or more
of those purposes,
(b) the person does so without the consent of the registered
proprietor of the design, and
(c) the person does so knowing, or  having reason to believe, that—
(i) a design has been intent ionally copied without the
consent of the registered proprietor so as to make the
product exactly to the design or with features that differ
only in immaterial details from the design, and
(ii) the design is a registered design.
(4) It is a defence for a person charge d with an offence under this section
to show that the person reasonably believed that the registration of the
design was invalid.
(5) It is also a defence for a person charged with an offence under this
section to show that the person—
(a) did not infringe the right in the design, or
(b) reasonably believed that the person did not do so.
(6) The reference in subsection (3) to  using a product in the course of a
business does not include a referenc e to using it for a purpose which is
merely incidental to the carrying on of the business.
(7) In this section “registered design ” includes a registered Community
design; and a reference to the registered proprietor is, in the case of a
registered Community design, to be read as a reference to the holder.
(8) A person guilty of an offenc e under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not
exceeding ten years or to a fine or to both;
(b) on summary conviction in England and Wales or Northern
Ireland, to imprisonment for a term not exceeding six months or
to a fine not exceeding the statutory maximum or to both;
(c) on summary conviction in Scotland, to imprisonment for a term
not exceeding 12 months or to a fine not exceeding the statutory
maximum or to both.
35ZB Section 35ZA: enforcement
(1) The following provisions of the Trade Descriptions Act 1968 (which
provide for the enforcement of that Act by local weights and measures
authorities or the relevant Northe rn Ireland Department) apply as if
section 35ZA were a provision of that Act—
(a) section 27 (power to make test purchases);Intellectual Property Act 2014 (c. 18)
Part 1 — Design13
(b) section 28 (power to enter pr emises and inspect and seize goods
and documents);
(c) section 29 (obstruction  of authorised officers);
(d) section 33 (compensation for loss etc. of seized goods).
(2) Any enactment which authorises th e disclosure of information for the
purpose of facilitating the enforcem ent of the Trade Descriptions Act
1968 applies—
(a) as if section 35ZA were a provision of that Act, and
(b) as if the functions of any person  in relation to the enforcement
of that section were functions under that Act.
(3) Nothing in this section is to be construed as authoris ing a local weights
and measures authority to bring proceedings in Scotland.
35ZC Section 35ZA: forfeiture in Engl and and Wales or Northern Ireland
(1) In England and Wales or Northern Ir eland, a person who, in connection
with the investigation or prosecution of an offence under section 35ZA,
has come into the possession of rele vant products or articles may apply
under this section for an order for the forfeiture of the products or
articles.
(2) “Relevant product” means a product which is made exactly to a
registered design, or with  features that differ on ly in immaterial details
from a registered design, by co pying that design intentionally.
(3) “Relevant article” means an article which is specifically designed or
adapted for making copies of a registered design intentionally.
(4) An application under th is section may be made—
(a) where proceedings have been brought in any court for an
offence under section 35ZA relating to some or all of the
products or articl es, to that court;
(b) where no application for the forfeiture of the products or
articles has been made unde r paragraph (a), by way of
complaint to a magistrates’ court.
(5) On an application unde r this section, the court may make an order for
the forfeiture of products or articles on ly if it is satisfied that an offence
under section 35ZA has been committe d in relation to the products or
articles.
(6) A court may infer for the purposes of  this section that such an offence
has been committed in relation to any products or articles if it is
satisfied that such an offence ha s been committed in relation to
products or articles which are re presentations of them (whether by
reason of being of the same design or part of the same consignment or
batch or otherwise).
(7) Any person aggrieved by an or der made under this section by a
magistrates’ court, or by a decision of such a court not to make such an
order, may appeal against that order or decision—
(a) in England and Wales, to the Crown Court;
(b) in Northern Ireland, to the county court.Intellectual Property Act 2014 (c. 18)
Part 1 — Design14
(8) An order so made may contain such provision as appears to the court
to be appropriate for delaying the coming into force of the order
pending the making and determination of any appeal (including any
application under section 111 of the Magistrates’ Courts Act 1980 or
Article 146 of the Magistrates’ Cour ts (Northern Ireland) Order 1981).
(9) Subject to subsection (10), any prod ucts or articles forfeited under this
section are to be destroyed in accord ance with such directions as the
court may give.
(10) On making an order under this section, the court may, if it considers it
appropriate to do so, direct that th e products or articles to which the
order relates shall (instead of bein g destroyed) be released to such
person and on such conditions as the court may specify.
35ZD Section 35ZA: forfeiture in Scotland
(1) In Scotland, the court may make an  order for the forfeiture of any
relevant products or articles (as defined by section 35ZC).
(2) An order under this section may be made—
(a) on an application by the procurator fiscal made in the manner
specified in section 134 of th e Criminal Procedure (Scotland)
Act 1995, or
(b) where a person is convicted of an offence under section 35ZA,
in addition to any other penal ty which the court may impose.
(3) On an application under subsection (2)(a), the court may make an order
for the forfeiture of relevant products or articles only if it is satisfied
that an offence under section 35ZA has been committed in relation to
the relevant produc ts or articles.
(4) The court may infer for the purposes of this section that such an offence
has been committed in relation to any relevant products or articles
which are representative of them (w hether by reason of being of the
same design or part of the same consignment or batch or otherwise).
(5) The procurator fiscal making th e application under subsection (2)(a)
must serve on any person appearing to  the procurator fiscal to be the
owner of, or otherwise ha ve an interest in, the products or articles to
which an application under this sectio n relates is entitled to appear at
the hearing of the application to  show cause why the products or
articles should not be forfeited.
(6) Service under subsection (5) must be carried out, and such service may
be proved, in the manner specifie d for citation of an accused in
summary proceedings under the Crim inal Procedure (Scotland) Act
1995.
(7) Any person upon whom notice is served under subsec tion (5) and any
other person claiming to be the ow ner of, or otherwise have an interest
in, products or articles to which an application under this section
relates is entitled to appear at the hearing of the application to show
cause why the products or arti cles should not be forfeited.
(8) The court must not make an order following an application under
subsection (2)(a)—Intellectual Property Act 2014 (c. 18)
Part 1 — Design15
(a) if any person on whom notice is served under subsection (5)
does not appear, unless service of the notice on that person is
proved, or
(b) if no notice under subsection (5) has been served, unless the
court is satisfied that in the ci rcumstances it was reasonable not
to serve such notice.
(9) Where an order for the forfeiture of any products or articles is made
following an application under su bsection (2)(a), any person who
appeared, or was entitled to appear , to show cause why goods, material
or articles should not be forfeited may, within 21 days  of making the
order, appeal to the High Court of Justiciary by bill of suspension.
(10) Section 182(5)(a) to (e) of the Cr iminal Procedure (Scotland) Act 1995
applies to an appeal under subsection (9) as it applies to a stated case
under Part 2 of that Act.
(11) An order following an application under subsection (2)(a) does not take
effect—
(a) until the end of the period of 21 days beginning  with the day
after the day on which the order is made, or
(b) if an appeal is made under su bsection (9) within that period,
until the appeal is di smissed or abandoned.
(12) An order under subsection (2)(b) does not take effect—
(a) until the end of the period within which an appeal against the
order could be brought unde r the Criminal Procedure
(Scotland) Act 1995, or
(b) if an appeal is made within that period, unti l the appeal is
determined or abandoned.
(13) Subject to subsection (14), produc ts or articles forfeited under this
section must be destroyed in accord ance with such directions as the
court may give.
(14) On making an order under this section, the court may, if it considers it
appropriate to do so, direct that th e products or articles to which the
order relates shall (instead of bein g destroyed) be released, to such
person and on such conditions as the court may specify.
(15) In this section, “the court” means—
(a) in relation to an order made on an application under subsection
(2)(a), the sheriff;
(b) in relation to an order made under subsection (2)(b), the court
which imposed the penalty.”
14 Offences committed by partnerships
At the end of section 35A of the Register ed Designs Act 1949 (the title to which
becomes “Offence by body corporate or partnership: liability of officers or
partners”) insert—
“(3) Proceedings for an offence unde r this Act alleged to have been
committed by a partnership are to be brought against the partnership
in the name of the firm and not in  that of the partners; but without
prejudice to any liability of the partners under subsection (6) or (7).Intellectual Property Act 2014 (c. 18)
Part 1 — Design16
(4) The following provisions apply for the purposes of su ch proceedings as
in relation to a body corporate—
(a) any rules of court relating to the service of documents;
(b) in England and Wales, Schedule  3 to the Magistrates’ Courts
Act 1980;
(c) in Northern Ireland, Schedule 4 to the Magistrates’ Courts
(Northern Ireland) Order 1981.
(5) A fine imposed on a partnership (other than a Scottish partnership) on
its conviction in such proceedings mu st be paid out of the partnership
assets.
(6) Where a partnership (other than a Scottish partnership) is guilty of an
offence under this Act, every part ner, other than a partner who is
proved to have been ignorant of or  to have attempted to prevent the
commission of the offence, is also guilty of the offence and liable to be
proceeded against and punished accordingly.
(7) Where an offence under this Act committed by a Scottish partnership is
proved to have been committed with the consent or connivance of a
partner in the partners hip, or a person purporting to act in that
capacity, he as well as the partnership is guilty of the offence and liable
to be proceeded against an d punished accordingly.”
PART 2
PATENTS
15 Infringement: marking product with internet link
(1) In section 62 of the Patents Act 1977 (restrictions on recovery of damages for
infringement), in subsection (1), after “the number of the patent” insert “or a
relevant internet link”.
(2) After that subsection insert—
“(1A) The reference in subsection (1) to a relevant internet link is a reference
to an address of a posting on the internet—
(a) which is accessible to th e public free of charge, and
(b) which clearly associates the product with the number of the
patent.”
16 Opinions service
(1) In section 74A of the Patents Act 1977 (the title to which becomes “Opinions on
matters prescribed in  the rules”), in subsection (1), for the words from “an
opinion” to the end substitute “an opinio n on a prescribed matter in relation to
the patent”.
(2) In section 74B of that Act (reviews  of opinions under section 74A), omit
subsection (2)(c) (power to  make rules providing for review proceedings to be
treated as other proceedings under the Act).
(3) In Schedule 4A to that Act (applicat ion of Act to supplementary protection
certificates), in paragraph 1(2), at the appropriate place insert—
“sections 74A and 74B (opinion s by the Patent Office);”.Intellectual Property Act 2014 (c. 18)
Part 2 — Patents17
(4) In section 73 of that Act (comptroll er’s power to revoke patents), after
subsection (1) insert—
“(1A) Where the comptroller issues an op inion under section 74A that section
1(1)(a) or (b) is not satisfied in rela tion to an invention for which there
is a patent, the comptroller may revoke the patent.
(1B) The power under subsection (1 A) may not be exercised before—
(a) the end of the period in which the proprietor of the patent may
apply under the rules (by virtue of section 74B) for a review of
the opinion, or
(b) if the proprietor applies for a review, the decision on the review
is made (or, if there is an appeal against that decision, the appeal
is determined).
(1C) The comptroller shall not exercise the power under subsection (1A)
without giving the propri etor of the patent an opportunity to make any
observations and to amend the specification of the patent without
contravening section 76.”
17 Unified Patent Court
Before section 89 of the Patents Act 1977 (and before the preceding cross-
heading) insert—
“Unified Patent Court
88A Implementation of Agreement on a Unified Patent Court
(1) The Secretary of State may by orde r make provision for giving effect in
the United Kingdom to the provisio ns of the Agreement on a Unified
Patent Court made in Brussels on 19 February 2013.
(2) An order under this section may,  in particular, make provision—
(a) to confer jurisdiction on a co urt, remove jurisdiction from a
court or vary the jurisdiction of a court;
(b) to require the payment of fees.
(3) An order under this section may al so make provision for varying the
application of specified provisions of  this Act so that they correspond
to provision made by the Agreement.
(4) An order under this section may—
(a) make provision which applies generally or in relation only to
specified cases;
(b) make different provision for different cases.
(5) An order under this section ma y amend this Act or any other
enactment.
(6) An order under this section may not be made unless a draft of the order
has been laid before, and approved  by resolution of, each House of
Parliament.
(7) The meaning of “court” in this sect ion is not limited by the definition of
that expression in section 130(1).Intellectual Property Act 2014 (c. 18)
Part 2 — Patents18
88B Designation as international or ganisation of which UK is member
The Unified Patent Court is to be tr eated for the purposes of section 1
of the International Organisations Act 1968 (organisations of which the
United Kingdom is a member) as an organisation to which that section
applies.”
18 Sharing information with overseas patent offices
(1) In section 118 of the Patents Act 1977 (information on patent applications etc.),
in subsection (3), after paragraph (a) (but before the following “or”) insert—
“(aa) sending any patent office outside the United Kingdom such
information about unpublished a pplications for patents as that
office requests;”.
(2) After that subsection insert—
“(3A) Information may not be sent to a patent office in reliance on subsection
(3)(aa) otherwise than in accordance with the working arrangements
that the comptroller has made for that purpose with that office.
(3B) Those arrangements must include provision for ensuring that the
confidentiality of information of th e kind referred to in subsection
(3)(aa) sent by the comptroller to the patent office in question is
protected.”
(3) After subsection (3B) insert—
“(3C) The reference in subsection (3)(aa) to a patent office is to an
organisation which carries out, in relation to pa tents, functions of the
kind carried out at the Patent Office.”
19 Minor amendments to the Patents Act 1977
The Schedule (which makes minor amendments to the Patents Act 1977) has
effect.
PART 3
MISCELLANEOUS
20 Freedom of information: exemption for research
After section 22 of the Freedom of Information Act 2000, insert—
“22A Research
(1) Information obtained in the course  of, or derived from, a programme of
research is exempt information if—
(a) the programme is continuing with a view to the publication, by
a public authority or any othe r person, of a report of the
research (whether or not including a statement of that
information), and
(b) disclosure of the information un der this Act before the date of
publication would, or would be likely to, prejudice—
(i) the programme,Intellectual Property Act 2014 (c. 18)
Part 3 — Miscellaneous19
(ii) the interests of any indi vidual participating in the
programme,
(iii) the interests of the authority which holds the
information, or
(iv) the interests of the author ity mentioned in paragraph (a)
(if it is a different authority from that which holds the
information).
(2) The duty to confirm or deny does not arise in relation to information
which is (or if it were held by the public authority would be) exempt
information by virtue of subsection  (1) if, or to the extent that,
compliance with section 1(1)(a) would,  or would be likely to, prejudice
any of the matters mentione d in subsection (1)(b).”
21 Reporting duty
(1) The Secretary of State must, before the end of the period of 6 months beginning
with the end of each financi al year, lay before Parliament a report setting out—
(a) the Secretary of State’s opinion of the extent to which during that
year—
(i) the activities of the Patent Office have contributed to the
promotion of innovation and of economic growth in the United
Kingdom, and
(ii) legislation relating to intellec tual property has been effective in
facilitating innovation and ec onomic growth in the United
Kingdom, and
(b) how the promotion of innovation  a n d  o f  e c o n o m i c  g r o w t h  i n  t h e
United Kingdom was taken into account in the case of any legislation
relating to intellectual property th at was passed or made during that
year.
(2) The reference to the activities of the Patent Office is a reference to—
(a) the activities of the comptroller- general of patents, designs and trade
marks, and
(b) the activities of the officers and clerks of the Patent Office.
(3) The references to legislation relating to intellectual property do not include a
reference to legislation relating to plant breeders’ rights or rights under section
7 of the Plant Varieties Act 1997.
(4) “Financial year” means a period of 12 months ending with 31 March.
(5) “Legislation” includes—
(a) subordinate legislation within th e meaning of the Interpretation Act
1978, and
(b) legislation of the European Union.
22 Recognition of foreign copyr ight works and performances
(1) In section 154 of the Copyright, Designs and Patents Act 1988 (qualification by
reference to author), in subsection (1)—
(a) in paragraph (a), after “a British citizen,” insert “a national of another
EEA state,”,Intellectual Property Act 2014 (c. 18)
Part 3 — Miscellaneous20
(b) for paragraph (b) (but not the following “or”) substitute—
“(b) an individual domiciled or resident in the United
Kingdom or another EEA state or in the Channel
Islands, the Isle of Man or Gibraltar or in a country to
which the relevant provisions of this Part extend,”, and
(c) for paragraph (c) substitute—
“(c) a body incorporated under the law of a part of the
United Kingdom or another EEA state or of the Channel
Islands, the Isle of Man or Gibraltar or of a country to
which the relevant provisio ns of this Part extend.”
(2) In section 155 of that Act (qualificat ion by reference to country of first
publication), in subsection (1)—
(a) in paragraph (a), after “the United Kingdom” insert “, another EEA
state, the Channel Islands, the Isle of Man or Gibraltar”, and
(b) in paragraph (b), for “another country” substitute “a country”.
(3) In section 156 of that Act (qualification  by reference to place of transmission),
in subsection (1)—
(a) in paragraph (a), after “the United Kingdom” insert “, another EEA
state, the Channel Islands, the Isle of Man or Gibraltar”, and
(b) in paragraph (b), for “another country” substitute “a country”.
(4) For section 159 of that Act substitute—
“159 Application of this Part to countries to which it does not extend
(1) Where a country is a party to the Berne Convention or a member of the
World Trade Organisation, this Part, so far as it relates to literary,
dramatic, musical and artistic works, films and typographical
arrangements of published editions—
(a) applies in relation to a citizen or subject of that country or a
person domiciled or resident there as it applies in relation to a
person who is a British citizen or is domiciled or resident in the
United Kingdom,
(b) applies in relation to a body incorporated under the law of that
country as it applies in relation  to a body incorporated under
the law of a part of the United Kingdom, and
(c) applies in relation to a work fi rst published in that country as it
applies in relation to a work  first published in the United
Kingdom.
(2) Where a country is a party to the Rome Convention, this Part, so far as
it relates to sound recordings and broadcasts—
(a) applies in relation to that country as mentioned in paragraphs
(a), (b) and (c) of subsection (1), and
(b) applies in relation to a broadcast made from that country as it
applies to a broadcast made  from the United Kingdom.
(3) Where a country is a party to the WP PT, this Part, so far as relating to
sound recordings, applies in relation  to that country as mentioned in
paragraphs (a), (b) and (c) of subsection (1).
(4) Her Majesty may by Order in Council—
(a) make provision for the applicatio n of this Part to a country by
subsection (1), (2) or (3) to be subject to specified restrictions;Intellectual Property Act 2014 (c. 18)
Part 3 — Miscellaneous21
(b) make provision for applying this  Part, or any of its provisions,
to a specified country;
(c) make provision for applying this  Part, or any of its provisions,
to any country of a specified description;
(d) make provision for the application of legislation to a country
under paragraph (b) or (c) to be subject to specified restrictions.
(5) Provision made under subsection (4 ) may apply generally  or in relation
to such classes of works, or other classes of case, as are specified.
(6) Her Majesty may not make an Orde r in Council containing provision
under subsection (4)(b) or (c) unless satisfied that provision has been or
will be made under the law of the co untry or countrie s in question, in
respect of the classes to which the provision under subsection (4)(b) or
(c) relates, giving adequate protecti on to the owners of copyright under
this Part.
(7) Application under subsection (4)(b) or  (c) is in addition to application
by subsections (1) to (3).
(8) Provision made under subsecti on (4)(c) may cover countries that
become (or again become) of the specified description after the
provision comes into force.
(9) In this section—
“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 Rome Convention” means the International Convention for
the Protection of Pe rformers, Producers of Phonograms and
Broadcasting Organisations done  at Rome on 26 October 1961;
“the WPPT” means the World Inte llectual Property Organisation
Performances and Phonograms Treaty adopted in Geneva on 20
December 1996.
(10) A statutory instrument containing an Order in Council under this
section is subject to annulment in pursuance of a reso lution of either
House of Parliament.”
(5) In section 206 of that Act (rights in performances: qualifying countries, etc.), in
subsection (1), in the defini tion of “quali fying country”—
(a) for paragraph (b) substitute—
“(b) another EEA state,”,
(b) after that paragraph (but be fore the following “or”) insert—
“(ba) the Channel Islands, the Isle of Man or Gibraltar,”, and
(c) after paragraph (ba) (but be fore the following “or”) insert—
“(bb) a country which is a part y to the Rome Convention,”.
(6) In that section, after subsection (3) insert—
“(4) Her Majesty may by Order in Council—
(a) make provision for the applicatio n of this Part to a country by
virtue of paragraph (bb) or (c) of the definition of “qualifying
country” in subsection (1) to be subject to specified restrictions;Intellectual Property Act 2014 (c. 18)
Part 3 — Miscellaneous22
(b) amend the definition of “quali fying country” in subsection (1)
so as to add a country which is not a party to the Rome
Convention;
(c) make provision for the application of this Part to a country
added under paragraph (b) to be subject to specified
restrictions.
(5) A statutory instrument containing an Order in Council under this
section is subject to annulment in pursuance of a reso lution of either
House of Parliament.”
(7) In that section, after subsection (5) insert—
“(6) In this section, “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.”
(8) In section 208(5) of that Act (which, so far as it gives power to designate any of
the Channel Islands or the Isle of Man, is superseded by the new section
206(1)(ba)) omit “any of the Cha nnel Islands, the Isle of Man or”.
(9) After section 212 of that Act insert—
“Supplementary
212A Power to amend in consequence of changes to international law
(1) The Secretary of State may by orde r amend this Part in consequence of
changes to international law in the area of performance rights.
(2) An order under this section must be  made by statutory instrument; and
no order may be made un less a draft of it has been laid before and
approved by a resolution of each House of Parliament.”
PART 4
GENERAL
23 Power to make consequential or transitional provision etc.
(1) The Secretary of State may by or der made by statutory instrument—
(a) make provision in consequenc e of a provision of this Act;
(b) make transitional, transitory or savi ng provision in connection with the
commencement of a provision of this  Act or of provision made under
paragraph (a).
(2) An order under this section may amend,  repeal, revoke or otherwise modify an
enactment.
(3) The power conferred by this section is not restricted by any other provision of
this Act.
(4) In this section, “enactment” includes—
(a) an enactment contained in subordinate legislation (within the meaning
of the Interpretation Act 1978), andIntellectual Property Act 2014 (c. 18)
Part 4 — General23
(b) an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament, an Act or Measure of the National Assembly
for Wales or Northern Ireland legislation,
and references to an enactment include a reference to an enactment passed or
made after the passing of this Act.
(5) A statutory instrument which contains an order under this section containing
(whether alone or with ot her provision) provision th at amends or repeals a
provision of an Act of Parliament ma y not be made unless a draft of the
instrument has been laid before, and approved by a resolution of, each House
of Parliament.
(6) Subject to that, a statutory instrument which contains an order under this
section containing (whether alone or with other provision) provision under
subsection (1)(a) is subject to annulment in pursuance of a resolution of either
House of Parliament.
24 Commencement, extent and short title
( 1 ) T h e  p r e c e d i n g  p r o v i s i o n s  o f  t h i s  A c t  c o m e  i n t o  f o r c e  o n  s u c h  d a y  a s  t h e
Secretary of State may by order made by statutory instrument appoint.
(2) An order under this  section may appoint different days for different purposes.
(3) An amendment or repeal made by this Act has the same extent as the
enactment being amended or repealed.
(4) Section 21 extends to England and Wales, Scotland and Northern Ireland.
(5) Section 23 extends to England and Wa les, Scotland, Northern Ireland and the
Isle of Man.
(6) This Act may be cited as the Intellectual Property Act 2014.Intellectual Property Act 2014 (c. 18)
Schedule — Minor amendmen ts to the Patents Act 197724
SCHEDULE Section 19
MINOR  AMENDMENTS  TO THE PATENTS  ACT 1977
Patent applications in or for WTO members
1 (1) In section 5 of the Patents Act 1977 (priority date), in subsection (5), after
paragraph (a) insert—
“(aa) an application in or for a country (other than the United
Kingdom) which is a member of the World Trade
Organisation for prot ection in respect of  an invention which,
in accordance with the law of  that country or a treaty or
international obligation to which it  is a party, is equivalent to
an application for a patent under this Act;”.
(2) In that subsection, for “such an applic ation” substitute “an application for a
patent under this Act”.
(3) In that section, omit subsection (6).
Assertion of third party rights where application terminated
2 In section 20B of that Act (effect of re instatement of patent application), after
subsection (4) insert—
“(4A) The right conferred by subsecti on (4) does not become exercisable
until the end of the period duri ng which a request may be made
under this Act, or under the rule s, for an extension of the period
referred to in section 20A(1).”
Adjustment of certain time periods to anniversary date model
3 (1) In each of the following provisions of  that Act, for “the end of the period of
two years beginning with” substitute “the second anniversary of”—
(a) section 37(5) and (9) (determination of right to patent after grant),
and
(b) section 72(2)(b) (applic ation to revoke patent).
(2) In section 74(4)(b) of that Act (proc eedings where validity of patent may be
in issue), for “before the end of the period of two years beginning with”
substitute “on or before the second anniversary of”.
References to “counsel”
4 (1) In section 52(4) of that Act (appeal s), for “such other counsel” substitute
“such other person who has a right of audience”.
(2) In section 58(2) of that Act (disputes as to Crown use), for “counsel for the
other party” substitute “the ot her party’s legal representative”.Intellectual Property Act 2014 (c. 18)
Schedule — Minor amendments  to the Patents Act 197725
Correction of typographical error
5 In section 60(7) of that Act (meaning of infringement: interpretation), in the
definition of “Directive 2001/82/EC”, for “Directive 2004/28” substitute
“Directive 2004/28/EC”.
European patent (UK): payment of renewal fee following restoration
6 In section 77 of that Act (European patents (UK)), after subsection (5)
insert—
“(5A) Where, under the European Patent Convention, a European patent
(UK) is revoked and subsequently restored (including where it is
revoked by the Board of Appeal and  subsequently restored by the
Enlarged Board of Appeal), any f ee that would have been imposed
in relation to the patent after the revocation but before the restoration
is payable within the prescribed period following the restoration.”
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