Section 274 — what constitutes the industrial application of a design
69.—(1)  This regulation prescribes what constitutes the industrial application of a design for the purposes of section 274.
(2)  A design is applied industrially to articles if —
(a)the design is applied to one or more articles (not being hand‑made articles) that are manufactured in lengths or in pieces;
(b)the design is applied to 51 or more articles, and no 2 or more of those articles are part of the same set of articles; or
(c)all of the following apply:
(i)the design is applied to articles and non‑physical products;
(ii)the number of those articles, and the number of those non‑physical products that can be projected simultaneously, add up to 51 or more;
(iii)no 2 or more of those articles and non‑physical products are part of any of the following:
(A)the same set of articles;
(B)the same set of non‑physical products;
(C)the same set of articles and non‑physical products.
(3)  A design is applied industrially to non‑physical products if —
(a)all of the following apply:
(i)the design is applied to non‑physical products;
(ii)51 or more of those non‑physical products can be projected simultaneously;
(iii)no 2 or more of those non‑physical products are part of the same set of non‑physical products; or
(b)all of the following apply:
(i)the design is applied to articles and non‑physical products;
(ii)the number of those articles, and the number of those non‑physical products that can be projected simultaneously, add up to 51 or more;
(iii)no 2 or more of those articles and non‑physical products are part of any of the following:
(A)the same set of articles;
(B)the same set of non‑physical products;
(C)the same set of articles and non‑physical products.
(4)  For the purposes of this regulation —
(a)the date on which the design is applied to an article or a non‑physical product is irrelevant;
(b)a design is applied to an article if —
(i)the design is applied to the article by a process (whether a process of printing, embossing or otherwise); or
(ii)the design is copied on or in the article in the course of making the article;
(c)2 or more non‑physical products can be projected simultaneously if they can be projected simultaneously on a surface or into a medium (including air) by the activation of a device (including a product or component that is used in or with the device); and
(d)“set of articles”, “set of articles and non‑physical products” and “set of non‑physical products” have the meanings given by section 2(1) of the Registered Designs Act.