—cont.
Special
exception
in respect
of industrial
designs.10.—(1) Where copyright subsists in an artistic work, and a corresponding design is registered under the Registered Designs Act, 1949 (in this section referred to as “the Act of 1949”), it shall not be an infringement of the copyright in the work—
(b) to do anything, after the copyright in the registered design has come to an end, which, if it had been done while the copyright in the design subsisted, would have been within the scope of that copyright as extended to all associated designs and articles:
Provided that this subsection shall have effect subject to the provisions of the First Schedule to this Act in cases falling within that Schedule.
(2) Where copyright subsists in an artistic work, and—
(b) articles to which the design has been so applied are sold, let for hire, or offered for sale or hire, and
(c) at the time when those articles are sold, let for hire, or offered for sale or hire, they are not articles in respect of which the design has been registered under the Act of 1949,
the following provisions of this section shall apply.
(3) Subject to the next following subsection,—
(b) after the end of the relevant period of fifteen years, it shall not be an infringement of the copyright in the work to do anything which, at the time when it is done, would, if the design had been registered immediately before that time, have been within the scope of the copyright in the design as extended to all associated designs and articles.
In this subsection “the relevant period of fifteen years” means the period of fifteen years beginning with the date on which articles, such as are mentioned in paragraph (b) of the last preceding subsection, were first sold, let for hire, or offered for sale or hire in the circumstances mentioned in paragraph (c) of that subsection; and “all relevant articles”, in relation to any time
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