The designer
Part III Design Right
(1) In this Part the “designer”, in relation to a design, means the person who creates it.
(2)In the case of a computer-generated design the person by whom the arrangements necessary for the creation of the design are undertaken shall be taken to be the designer.
1 (1) In this Act “design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include—
(a)a method or principle of construction, or
(b)features of shape or configuration of an article which—
(i)are dictated solely by the function which the article has to perform, or
(ii)are dependent upon the appearance of another article of which the article is intended by the author of the design to form an integral part.
Defined in Sch.4 para.38 · see it in the full Act(2) In this Part “design” means the design of ... the shape or configuration (whether internal or external) of the whole or part of an article.
Defined in s.213(2) · see it in the full Act“design” has the meaning assigned to it by section 1(1) of this Act ;
Defined in Sch.4 para.38 · see it in the full Act“computer-generated”, in relation to a design, means that the design is generated by computer in circumstances such that there is no human designer,
Defined in s.263(1) · see it in the full ActApplies the statutory identification of the designer to the person who created the relevant designs. (see ownership section)
Cites the statutory definition of “designer” to support the conclusion that a design is created only when reduced to a particular physical form. (see para [15])
The court identifies the designer as the person who creates the design when considering the pleaded design-right ownership case. (see para [25]) The court records the statutory treatment of computer-generated designs. The claimants abandoned the corresponding computer-generated formulation. (see paras [26], [81]) The court notes the statutory exclusions from the meaning of design for unregistered design right purposes. (see para [23])
What each judgment says about section 214 is in the case-law panel in the full Act.