Division 8 — Artistic works with
corresponding designs and industrially
applied artistic works
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.
Section 275 — what constitutes the industrial application of an artistic work
70.—(1)  This regulation prescribes what constitutes the industrial application of an artistic work for the purposes of section 275.
(2)  An artistic work is applied industrially if —
(a)51 or more 3‑dimensional copies of the work are made (whether before, on or after 21 November 2021) for the purposes of sale or hire;
(b)a copy of the work is included (whether before, on or after 21 November 2021) in any 3‑dimensional article that is manufactured in lengths and for the purposes of sale or hire; or
(c)a plate that is or includes a copy of the work is used (whether before, on or after 21 November 2021) to produce —
(i)51 or more copies of a 3‑dimensional object for the purposes of sale or hire; or
(ii)any 3‑dimensional article that is manufactured in lengths and for the purposes of sale or hire.
(3)  For the purposes of paragraph (2)(a) and (c)(i), 2 or more 3‑dimensional copies are taken to be a single copy if they are —
(a)of the same general character; and
(b)intended to be used together.