Copyright, Designs and Patents Act 1988, section 216

Duration of design right

Part III Design Right

(1)Design right expires—

(a)fifteen years from the end of the calendar year in which the design was first recorded in a design document or an article was first made to the design, whichever first occurred, or

(b)if articles made to the design are made available for sale or hire within five years from the end of that calendar year, ten years from the end of the calendar year in which that first occurred.

(2)The reference in subsection (1) to articles being made available for sale or hire is to their being made so available anywhere in the world by or with the licence of the design right owner.

Definitions used in section 216 4

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
design document

“design document” means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise;

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
licence

(2)Where design right (or any aspect of design right) is owned by more than one person jointly, references in this Part to the design right owner are to all the owners, so that, in particular, any requirement of the licence of the design right owner requires the licence of all of them.

Defined in s.258(2) · see it in the full Act

(4)A licence granted by the owner of design right is binding on every successor in title to his interest in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the design right owner shall be construed accordingly.

Defined in s.222(4) · see it in the full Act

(3)A licence granted by a prospective owner of design right is binding on every successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the design right owner shall be construed accordingly.

Defined in s.223(3) · see it in the full Act

Cases considering section 216 9

Dyson Ltd v Qualtex (UK) Ltd

[2006] EWCA Civ 166 · 8 March 2006Interprets

The subsection fixes the expiry periods for design right by reference to recording or manufacture and, where applicable, first availability for sale or hire (see paras [115]-[119]). The provision was cited as prescribing a 15-year period from the end of the year of first recording or manufacture (see para [115]). Articles are made available for sale when existing articles can actually be obtained. Advance orders for articles yet to be manufactured or delivered do not begin the statutory period (see paras [115]-[119]).

J Mac Safety Systems Limited v Q Deck Safety Systems Limited

[2025] EWHC 2241 (Pat) · 4 September 2025Interprets

Applies the ten-year term rule where articles made to the design are made available within five years from the end of the creation year. The relevant period ran from 2016 because the Macdeck System was made available during that year (see paras [174]-[175]; [189]-[192]). Interprets made available for sale or hire as including the commercial trial and approval process using existing articles, even where the products were supplied without payment. The Macdeck System was therefore made available in 2016 (see paras [176]; [191]-[192]).

Sonia Edwards v Boohoo.com UK Limited & Ors

[2025] EWHC 805 (IPEC) · 3 April 2025

Applies the rule that design right may arise when an article is first made to the design. The court accepted that contemporaneous images of articles could legitimately identify designs where the claimant did not create design documents. (see paras [14]; [28]-[43]; [46]; [54]; [64]-[65])

What each judgment says about section 216 is in the case-law panel in the full Act.