Copyright, Designs and Patents Act 1988, section 215

Ownership of design right

Part III Design Right

(1)F686The designer is the first owner of any design right in a design which is not created ... in the course of employment.

F687(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F688Where ... 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.

Definitions used in section 215 6

designer

(1) In this Part the “designer”, in relation to a design, means the person who creates it.

Defined in s.214(1) · see it in the full Act
design

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
employment

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in Sch.4 para.38 · see it in the full Act

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in s.263(1) · see it in the full Act
employee

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in s.263(1) · see it in the full Act

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in Sch.4 para.38 · see it in the full Act
employer

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in Sch.4 para.38 · see it in the full Act

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in s.263(1) · see it in the full Act
article

“article” means any article of manufacture and includes any part of an article if that part is made and sold separately;

Defined in Sch.4 para.38 · see it in the full Act

Cases considering section 215 13

Ultraframe (UK) Ltd v Fielding & Ors

[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]).

A. Fulton Company Ltd v Grant Barnett & Company Ltd

[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)

Total Electric Solutions Limited & Anor v Nortek Electrical Circuits Limited

[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.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F686Words in s. 215(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(1)(a), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.
  2. F687S. 215(2) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(1)(b), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.
  3. F688Words in s. 215(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(1)(c), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.