(1)The designer is the first owner of any design right in a design which is not created ... in the course of employment.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where ... a design is created by an employee in the course of his employment, his employer is the first owner of any design right in the design.
(4)If a design qualifies for design right protection by virtue of section 220 (qualification by reference to first marketing of articles made to the design), the above rules do not apply and the person by whom the articles in question are marketed is the first owner of the design right.
Cases considering section 215 13
[2003] EWCA Civ 1805 · 12 December 2003Interprets
A design is created pursuant to a commission only where a contract containing mutual obligations exists before creation. The designer must undertake to create the design in return for money or money’s worth. Regular payments without a prior obligation to produce the particular designs were insufficient (see paras [27]-[33]).
The expression “contract of service” retains its ordinary employment-law meaning. It requires mutual obligations and a sufficient contractual framework of control, assessed with all relevant circumstances. A controlling shareholding and payments described as wages do not by themselves establish employment (see paras [19]-[26]).
[2000] EWCA Civ 513 · 5 October 2000
Applies the employee-ownership rule. Because Mr Fulton created the designs in the course of his employment, Fulton was the first owner of the design rights. (see ownership section)
[2026] EWHC 404 (Ch) · 27 February 2026
Confirms that statutory first ownership of unregistered design rights is a statutory question. The provision does not itself justify implying a contractual term transferring or confirming design ownership. (see paras [44]-[46])
What each judgment says about section 215 is in the case-law panel in the full Act.