Copyright, Designs and Patents Act 1988, section 227

Secondary infringement: importing or dealing with infringing article

Part III Design Right

(1)Design right is infringed by a person who, without the licence of the design right owner—

(a)imports into the United Kingdom for commercial purposes, or

(b)has in his possession for commercial purposes, or

(c)sells, lets for hire, or offers or exposes for sale or hire, in the course of a business,

an article which is, and which he knows or has reason to believe is, an infringing article.

(2)This section has effect subject to the provisions of Chapter III (exceptions to rights of design right owner).

Definitions used in section 227 6

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
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
commercial purposes

(3) References in this Part to an act being done in relation to an article for “commercial purposes” are to its being done with a view to the article in question being sold or hired in the course of a business.

Defined in s.263(3) · see it in the full Act
business

“business” includes a trade or profession;

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
infringing article

(1) In this Part “infringing article”, in relation to a design, shall be construed in accordance with this section.

Defined in s.228(1) · see it in the full Act

(6) The expression “infringing article” does not include a design document, notwithstanding that its making was or would have been an infringement of design right.

Defined in s.228(6) · see it in the full Act

Cases considering section 227 12

A. Fulton Company Ltd v Grant Barnett & Company Ltd

[2000] EWCA Civ 513 · 5 October 2000

Applies secondary infringement to importing and dealing with articles where the defendant knows or has reason to believe that they are infringing articles. The case and handle became infringing articles at different times. (see infringement and reason to believe sections)

J Mac Safety Systems Limited v Q Deck Safety Systems Limited

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

Applies secondary infringement to possession, sale, hire or offers involving articles known or reasonably believed to be infringing. The defendant’s knowledge was established where the relevant Q Deck Component was an infringing article (see paras [202]-[203]; [263]-[264]).

Sonia Edwards v Boohoo.com UK Limited & Ors

[2025] EWHC 805 (IPEC) · 3 April 2025

Applies the secondary-infringement requirements that a defendant deal commercially in an infringing article and know or have reason to believe that it is infringing. The claim failed because copying and validity-related elements were not established. (see paras [139]-[140]; [147]-[148]) Applies the requirement for one or more listed commercial dealings with an infringing article. The court identified importing, possession, sale, letting for hire, and offering or exposing for sale or hire as the relevant categories, subject to the separate knowledge requirement. (see paras [139]-[140]) Cites importing into the United Kingdom for commercial purposes as one category of dealing capable of constituting secondary infringement. The court did not separately determine liability under this category. (see para [139]-[140]) Cites possession of an article for commercial purposes as one category of dealing capable of constituting secondary infringement. The court did not separately determine liability under this category. (see para [139]-[140]) Cites selling, letting for hire, or offering or exposing an article for sale or hire in the course of business as a category of dealing capable of constituting secondary infringement. The court did not separately determine liability under this category. (see para [139]-[140])

What each judgment says about section 227 is in the case-law panel in the full Act.