Copyright and Other Intellectual Property Law Provisions Act 2019

Transitional provisions for section 31A

9. The Principal Act is amended by the insertion of the following section after section 31A:

“31B. (1) An act to which subsection (2) applies is not an infringement of the copyright in a design registered under the Industrial Designs Act 2001 if—

(a) that act is done pursuant to a contract entered into before the relevant date, and

(b) that act, if it were done immediately before the relevant date, would not, by virtue of section 31A, have been such an infringement.

(2) An act to which this subsection applies is any of the following acts done, in relation to a design referred to in subsection (1), during the 6 months period immediately following and including the relevant date:

(a) the copying of the design;

(b) the provision of means for making a copy of the design;

(c) the importation into the State of a copy of the design.

(3) An act to which subsection (4) applies is not an infringement of the copyright in a design registered under the Industrial Designs Act 2001 if that act, if it were done on the day immediately before the relevant date, would not, by virtue of section 31A, have been such an infringement.

(4) An act to which this subsection applies is any of the following acts done, in relation to a design referred to in subsection (3), during the 6 months period immediately following and including the relevant date:

(a) the issuing or selling, or renting or lending, to the public of a copy of the design that was made in, or imported into, the State—

(i) before the relevant date, or

(ii) during that 6 months period pursuant to a contract entered into before the relevant date;

(b) the communication to the public of that design in connection with anything done in reliance on paragraph (a).

(5) In this section, ‘relevant date’ means the date referred to in section 1 (7) of the Copyright and Other Intellectual Property Law Provisions Act 2019.”.