Section 13
of Industrial Designs Order, 1999
Section 13
(l)
Subject to subsection (2), where an application is made by or with the consent of the owner of copyright in an artistic work for the registration of a corresponding industrial design, the industrial design shall not be treated for the purposes of this Order as being other than new by reason only of any use previously made of the artistic work.
(2)
Subsection (1) does not apply if the previous use consisted of or included the sale, letting for hire, or offer or exposure for sale or hire, of articles to which had been applied industrially –
(a)
the industrial design in question; or
(b)
an industrial design differing from it only in immaterial details or in features which are variants commonly used in the trade, and that previous use was made by or with the consent of the copyright owner.
(3)
Provision may be made by rules as to the circumstances in which an industrial design is to be regarded for the purpose of this section as applied industrially to articles or any description of articles.