Design right form 3

Application to settle the terms of a licence

This is the third of four forms that relate to our jurisdiction with regard to unregistered design right.

This form can be used to apply:

• Under section 247 of the Copyright Designs and Patents Act 1988 to settle the terms of a licence available as of right by virtue of section 237 or under an order under section 238 of the Act;
• Please note that Section 237(2) of the Patents, Designs and Copyright Act makes it clear that we can only settle disputes where those involved have not been able to come to an agreement.

When you fill in the form, you should include two copies of a statement. Your statement should:

• identify the design (for example by reference to drawings or photographs) and state clearly the design rights covered by the licence
• set out the terms of the licence you seek.  It would be helpful here to include a copy of a draft licence
• if the design right owner is known, state what steps you have taken to agree terms
• if the design right owner is not known, state what steps you have taken to try and identify the owner, and the results.

The fee for this is £65.00.

The relevant legislation is set out in the Copyright Designs and Patents Act 1988. The relevant rule is rule 10 of The design right (Proceedings before Comptroller) Rules 1989.

If you require further information about disputes concerning design right, you should telephone +44 (0)1633 814736, or write to:

Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom