Copyright, Designs and Patents Act 1988, section 219

Qualification by reference to employer

Part III Design Right

(1)A design qualifies for design right protection if it is created [F699in the course of employment with F699] a qualifying person.

(2)F700,F700In the case of ... joint employment a design qualifies for design right protection if any of the ... employers is a qualifying person.

(3)F701,F701,F701Where a design which is ... created in the course of joint employment qualifies for design right protection under this section, only those ... employers who are qualifying persons are entitled to design right under section [F702215(3)F702] (first ownership of design right: entitlement of ... employer).

Definitions used in section 219 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
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
qualifying person

“qualifying person” means—

Defined in s.217(1) · see it in the full Act

(5) In determining for the purpose of the definition of “qualifying person” whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country.

Defined in s.217(5) · 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

Cases considering section 219 4

J Mac Safety Systems Limited v Q Deck Safety Systems Limited

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

Applies the requirement that a design be created in the course of employment with a qualifying person. The court found that the claimant’s managing director was employed expressly or impliedly and that the designs qualified for UK unregistered design protection (see paras [165]-[169]).

Tech 21 UK Ltd v Logitech Europe SA

[2015] EWHC 2614 (Ch) · 15 September 2015

The court considered employee creation as a possible basis for UK design right but found no good arguable case that Logitech owned such right. (see paras [107]; [119]-[123])

Vitof Ltd v Altoft

[2006] EWHC 1678 (Ch) · 11 July 2006

Applies the commissioning requirement and accepts that the designs were created by UKE pursuant to a commission from Vitof. The designs therefore qualified for design right, subject to the unresolved ownership issue. (see para [165])

What each judgment says about section 219 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F698S. 219 heading substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(c), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.
  2. F699Words in s. 219(1) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(c), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.
  3. F700Words in s. 219(2) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(d), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.
  4. F701Words in s. 219(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 2(2)(e), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.
  5. F702Word in s. 219(3) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 2(2)(f), 24(1) (with s. 2(3)); S.I. 2014/2330, art. 3, Sch.