17ACertain designs not to be treated as other than new or original etc.

##### 17A Certain designs not to be treated as other than new or original etc. (1) Where: (a) copyright under the Copyright Act 1968 subsists in an artistic work; and (b) an application is made by, or with the consent of, the owner of that copyright for the registration of a corresponding design; that design shall not be treated for the purposes of this Act as being other than new or original, or as having been published, by reason only of any use previously made of the artistic work unless: (c) the previous use consisted of or included the sale, letting for hire or offering or exposing for sale or hire of articles to which the design had been applied industrially, other than articles specified in regulations made for the purposes of subsection 17(2); and (d) the previous use was made by, or with the consent of, the owner of the copyright in the artistic work. (2) Any regulations in force under the Copyright Act 1968 that make provision for determining the circumstances in which a design is, for the purposes of section 77 of that Act, to be deemed to be applied industrially have effect for the purposes of subsection (1).