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ARTICLE · 19 JULY 2016

Some Iconic Designs Come Back Into Copyright Protection On 28 July 2016

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On 28 July 2016, the repeal of section 52 of the Copyright Designs and Patents Act 1988 (CDPA) comes into force, meaning some artistic works will now fall back under copyright.

United KingdomIntellectual Property
John Coldham
John Coldham
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On 28 July 2016, the repeal of section 52 of the Copyright Designs and Patents Act 1988 (CDPA) comes into force, meaning some artistic works will now fall back under copyright. It provides a long-stop date of 28 January 2017 for the final stocks of products that may now infringe copyright to be sold through or destroyed.

What does section 52 CDPA do?

Section 52 CDPA limits the term of copyright protection for artistic works which have been exploited by an industrial process (that is, more than 50 articles being produced) to 25 years (i.e. in line with the maximum available for registered designs). This is significantly less than the duration for other artistic works, which is the artist's life plus 70 years.

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