The Copyright, Designs and Patents Act 1988

What is in the Act?

The Copyright, Designs and Patents Act 1988 is the primary piece of legislation governing the protection of intellectual property in the United Kingdom. It was amended a number of times, most recently in 2020. It defines how copyright, design rights, and patents are to be treated in the UK.

The act grants the creators of literary, artistic, dramatic, and musical works the exclusive right to reproduce their works, distribute them and adapt them. It also grants the authors of computer-generated works certain rights. The act also provides for the registration of designs, including those produced by any industrial process, to protect them against copying. Patents are also protected under the act and provide the inventor with exclusive rights to make, use, sell or import the invention, or allow someone else to do so. Further, the act allows copyright owners to control the import of counterfeit copies of their works into the UK by allowing the owners to take action against any person who imports the counterfeit copies. The act also provides for the criminalization of unauthorized dealing in any copyright, design, or patent material. Lastly, the act contains a number of exceptions and limitations, such as fair dealing and educational use, which provide certain limited uses of work without permission from the tights holder. In conclusion, the act is designed to protect the intellectual property rights of creators and inventors, while providing certain exceptions and limitations for the public’s use.

The act also addresses the situation where a design may have been independently created by two people without having access to one another’s work. In this case, the person who is the first to record the project in writing, apply for copyright or disclose it to the public, is granted priority and the act does not protect the later-developed design. This concept of priority is of substantial importance to creators and for that reason guidance has been issued as to how to evidence priority.

The act also sets out various remedies available to those in breach of its provisions. Copyright infringement may be treated as a civil or a criminal offense and civil remedies include an injunction to prevent infringement, damages, an account of profits, delivery up or destruction of infringing material. A defendant in a criminal proceeding may be liable to an unlimited fine or to a maximum of 10 years’ imprisonment. Furthermore, the act allows for the cross-border enforcement of copyright, design, and patent rights. The 1988 Act helps to ensure that creators are adequately protected against unauthorized use and copying of their works, designs, and inventions. It provides a framework for the enforcement of such rights and remedies for infringing parties, helping to ensure a fair balance between public access to intellectual property and appropriate protection against misuse and exploitation. By upholding a robust intellectual property protection system, the act provides the necessary security and confidence necessary for creators and inventors to make their works, designs, and inventions available to the public.

Full UK Government Overview of the Law here...

Why might a PPS or PPC need to have access to this information

It would be very rare that a PPS or PPC would need to consult the CDPA, the legal department on your project would generally take care of this element but occasionally you may be asked to check a patent or rights holder as part of work done on clearances.