PEB Foundation Certificate

Design and Copyright Law FC4 (D&C)

Foundation Certificate Syllabus

Design and Copyright Law FC4

Contents

Guidance for Candidates

The Syllabus
Reading
The Examination
Effective from and including the 2021 examinations

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)

1. Guidance for Candidates

The Patent Examination Board is an examination agency which has been accredited by IPReg to offer an examination only route for the Foundation Level
Qualifications for patent attorneys. FC1 UK Patent Law is one of five examinations within the PEB Foundation Certificate. Together, the five examinations
of the PEB Foundation Certificate:
a) provide a structure which is benchmarked within the QAA Frameworks for Higher Education Qualifications of UK Degree-Awarding Bodies (2014) as
being at Level 6 – a professional graduate-level certificate.
b) develop an understanding and appreciation by the candidates of all the Intellectual Property Law and Professional Ethics Subjects set out in
Schedule A of the IPReg Accreditation Handbook
c) equip candidates with the transferable skills set out in Schedule B of the IPReg Accreditation Handbook

You should refer to the Qualifying Examination Foundation Certificate Programme Specification for full information on the Foundation Certificate including:
• QAA Credits of study
• QAA Level 6 Benchmarking
• IPReg Intellectual Property Law and Professional Ethics subjects
• IPReg General Transferable Skills
• Meeting the Minimum Competence Standard required for a Pass in the Foundation examinations.

The Foundation Certificate is structured to be equivalent to 60 QAA credits (where one credit is 10 hours of study). Each Foundation Certificate examination
equates to 12 credits of study. You should, therefore, expect to spend around 120 hours of study in preparation for this examination.

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)

2. The Syllabus
Summary
To be successful in this examination, you will need to:

• demonstrate an understanding and appreciation of the Design and Copyright topics set out in Schedule A of the IPReg Accreditation Handbook.
You will thus need to demonstrate knowledge of the main provisions of International and UK law relating to design and copyright. You will also
need to demonstrate knowledge of the relevant procedures and formalities required to obtain the protection for UK designs. You will also need to
demonstrate knowledge of the relevant principles relating to subsistence and enforcement of UK copyright.
• demonstrate that you have acquired the transferable skills set out in Schedule B of the IPReg Accreditation Handbook. Candidates should refer to
Transferable Skills for more information but in summary, the transferable skills may be demonstrated by being recall the relevant principles, laws
and rules, and/or apply them to one or more given scenario(s).

The Content states the topics which are covered and gives the related IPReg design and copyright law topics in brackets.

The Learning Outcomes describe what you will have to demonstrate in the examination to show that you have the required knowledge and transferable
skills. The section ‘Meeting the requirements for a Pass in the Foundation Programme Specification explains how the Learning Outcomes link to the
minimum Pass requirements.

The final two columns list the key sections of the legal provisions relevant to the content and learning outcomes.

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)

Content Learning Outcomes

(IPReg Topics)
1 General provisions a) Describe the rationale for the copyright Berne Convention for the Protection of Articles 1, 5
relating to copyright system Literary and Artistic Works
b) Explain the general provisions under the Berne
(Copyright law UK & Convention for extending copyright
International, rationale) protection internationally
c) Apply (a) and (b) to a scenario
2 Protection of designs in a) Explain what national, regional and Paris Convention for the Protection of Articles 1, 4
UK, EU, USA, China and international protection is available for Industrial Property
Japan registered designs
b) Evaluate alternative ways in which a client’s Hague Agreement Concerning the
(Strategic creation and rights in a design may be protected, including International Registration of Industrial Articles 3, 4, 5, 6
management of industrial advising on strategic considerations for the Designs (Geneva Act 1999)
design portfolios, creation of a portfolio of national and Plus relevant parts of:
registering and international design applications Common Regulations under the 1999
maintaining a design c) Explain Community Design Right: Act and the 1960 Act of the Hague
internationally) requirements for subsistence, and term Agreement; and
d) Identify any grace periods for prior disclosures Administrative Instructions for the
e) With reference to the Paris Convention, define Application of the Hague Agreement
the underlying principles for claiming priority
for national and international applications EU Law
f) Define who may file an International CDR 1 – Community Design
application CDR 5 – Novelty
g) Identify where an International (Hague) CDR 6 – Individual character
application must be filed and its contents CDR 7 – Disclosure
h) Know key similarities and differences between CDR 8 – Designs dictated by their
registered design practice in UK, EU, USA, technical function and designs of
China, Japan and the Hague system interconnections
i) Apply (a) to (h) to a scenario
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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)
CDR 9 – Designs contrary to public
policy or morality
CDR 11 – Commencement and term of
protection of the unregistered
Community design
CDR 14 – Right to the Community
design
3 Registered and a) With reference to the provisions detailed on UK Law
unregistered rights in UK the right, compare the advantages and Registered Designs Act
disadvantages of the different forms of (RDA)
(UK Laws and procedures protection for industrial designs within the UK
Registered Designs Rules
relating to the protection b) Explain the interaction between trade marks
(RDR)
of industrial design and the different forms of protection for
Copyright, Designs and
through unregistered and industrial designs within the UK
Patents Act (CPDA) -
registered design laws, c) Apply (a) and (b) to a scenario
designs sections
overlap with trade mark
Copyright, Designs and
rights)
Patents Act (CDPA) -
copyright sections

4 The law relating to a) Define the requirements for a design to be RDA 1 – Registration of
registrable designs registrable including: designs
• Novelty RDA 1B – Requirement of
(Qualifying for protection) • Individual character novelty and individual
• Exclusions character
b) Identify any grace periods for prior disclosures RDA 1C – Designs dictated
c) Apply (a) and (b) to a scenario by their technical character
RDA 1D – Designs contrary
to public policy or morality

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)
5 Ownership of registered a) Describe how the proprietor of a registered RDA 2 – Proprietorship of
designs design is determined designs
b) Apply (a) to a scenario
(Ownership)

6 The law relating to the a) Describe how to make a design application, RDA 3 – Applications for
application process for including a divisional application Hague Agreement Concerning the registration
registered designs b) List the requirements for obtaining a filing International Registration of Industrial RDR 4, 6, 7, 8, 11
date for an application Designs (Geneva Act 1999) RDA 3C – Date of
(Registering and c) Describe the procedure from filing through to Plus relevant parts of: registration of designs
maintaining a design in registration, including any available extensions Common Regulations under the 1999 RDR 35 – Fine for falsely
the UK, registering and of time Act and the 1960 Act of the Hague representing a design as
maintaining a design d) Outline how publication may be delayed or Agreement; and registered
internationally) deferred and the consequences of delaying or Administrative Instructions for the
deferring Application of the Hague Agreement
e) Explain the consequences of falsely
representing a design as registered
f) Explain the procedure at the International
Bureau concerning designation, correction of
irregularities, publication, unity, refusal,
registration, invalidation and recordal of
changes for international designs Articles 7 to 16 and 18
g) Apply (a) to (e) to a scenario
7 Priority a) Define the requirements for claiming priority RDA 14 – Convention
when filing an application applications
(Strategic creation and b) Determine whether a later application can
management of industrial validly claim priority from an earlier
design portfolios) application
c) Apply (a) and (b) to a scenario

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)
8 Duration of registration a) Define the term that a design is in force and RDA 8 – Duration of right
describe the renewal process for maintaining in registered design
(Registering and the design RDR 12
maintaining a design in b) Explain the restoration process and the RDA 8A, 8B – Restoration
the UK, registering and implications of restoring a lapsed design RDR 13
maintaining a design c) Explain the implications of cancelling a UK Hague Agreement Concerning the RDA 11 – Cancellation of
internationally) design registration International Registration of Industrial registration
d) Apply (a) and (b) to a scenario Designs (Geneva Act 1999) RDA 11ZE – Effect of
Plus relevant parts of: cancellation or invalidation
Common Regulations under the 1999 of registration
Act and the 1960 Act of the Hague
Agreement; and Article 17
Administrative Instructions for the
Application of the Hague Agreement
9 A Registered Design as a a) Describe how a registered design may be RDA 15A – The Nature of
form of property transferred or licensed Registered Designs
b) Explain the effect of registration of a transfer RDA 15B – Assignment &c
(Ownership) and the implications of non-registration of registered designs and
c) Describe the rights of an exclusive licensee applications for registered
d) Describe the consequences of not recording a designs
licence on the Register RDA 15C – Exclusive
e) Apply (a) to (d) to a scenario licences
RDA 19 – Registration of
assignments etc
a) Identify the acts which infringe the right in a RDA 7 – Right given by
The law relating to
UK design registration registration
infringement of registered
b) List the statutory exceptions to infringement RDA 7A – Infringements of
10 designs
c) Define who may bring an action for rights in registered designs
infringement RDA 7B – Right of prior use
(Infringement, defences)
RDA 24A – Action for

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)
d) Describe the remedies which may be claimed infringement
and any limitations on the remedies RDA 24B – Innocent
e) Outline the limitations based on a prior use infringement
right RDA 24C(1), 24D(1), 24F –
f) Explain when proceedings for a groundless Other remedies
threat of infringement may be brought in the RDA 24G - Meaning of
UK ‘infringing article’
g) Outline when the offence of unauthorised RDA 26 – Threats
copying is committed RDA 35ZA – Offence of
h) Describe the consequences of committing the unauthorised copying etc.
offence of design in course of
i) Apply (a) to (h) to a scenario business
11 The law relating to a) List the grounds of invalidity and who may file RDA 11ZA and Sch. A1 –
declarations of invalidity an application for declaration of invalidity Grounds for invalidity of
of registered designs b) Describe the consequences or effect of registration
invalidation of the registration RDA 11ZB – Applications
(Invalidity) c) Apply (a) and (b) to a scenario for declaration of invalidity
RDA 11ZE – Effect of
cancellation or invalidation
of registration
12 The law relating to a) Define the requirements for (UK, continuing https://www.gov.uk/guidance/changes- CDPA 213 – Design Right
continuing and and supplementary) unregistered design right to-unregistered-designs CDPA 214 – The designer
supplementary to subsist: CDR 1 – Community Design CDPA 215 – Ownership of
unregistered design right a. Novelty CDR 5 – Novelty design right
and UK design right b. Individual character CDR 6 – Individual character CDPA 216 – Duration of
c. Originality CDR 7 – Disclosure design right
(Qualifying for protection, d. Commonplace CDR 8 – Designs dictated by their CDPA 217-220 –
ownership) e. Exclusions technical function and designs of Qualification for design
b) Explain how the term of an unregistered interconnections right protection
design right is determined (inc. UK, continuing CDR 9 – Designs contrary to public CDPA 222 – Assignment
and supplementary UDR) policy or morality and licences
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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)
c) Describe how the proprietor of (UK, CDR 11 – Commencement and term of CDPA 223 – Prospective
continuing and supplementary) unregistered protection of the unregistered ownership of design right
design right is determined Community design CDPA 225 – Exclusive
d) Define how a design may qualify for UK CDR 14 – Right to the Community licences
unregistered design right by reference to the design
designer, employer or first marketing
e) Describe how an unregistered design may be
transferred or licensed
f) Describe the rights of an exclusive licensee
g) Apply (a) to (f) to a scenario
13 The law relating to a) Identify the acts which infringe UK design right CDPA 51 – Design
infringement of UK design and the acts which do not infringe documents and models
right b) Define who may bring an action for CDPA 226 – Primary
infringement Infringement of Design
(Infringement, defences, c) Describe the remedies which may be claimed Right
overlap with copyright) and any limitations on the remedies CDPA 227 – Secondary
d) Describe the impact of licences of right on UK Infringement – importing
unregistered design right or dealing with infringing
e) Explain the interaction between copyright and articles
UK design right in a design CDPA 228 – Meaning of
f) Explain when proceedings for a groundless infringing article
threat of infringement may be brought in the CDPA 229 – Rights and
UK remedies of design right
g) Apply (a) to (f) to a scenario owner
CDPA 233 – Innocent
infringer
CDPA 234 – Rights and
remedies of exclusive
licensee
CDPA 235 – Exercise of
concurrent rights

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)
CDPA 236 – Infringement
of copyright
CDPA 237, 254 – Licences
of right
CDPA 244A – Exception for
private acts, experiments
and teaching
CDPA 253- Remedy for
groundless threats of
infringement proceedings

14 The law relating to a) Define literary and artistic works CDPA 1 – Copyright and
copyright in literary and b) Define authorship and first ownership of copyright works
artistic works copyright in literary and artistic works CDPA 2 – Rights subsisting
c) Define the term of copyright in literary and in copyright works
(Copyright law (UK), artistic works CDPA 3 – Literary, dramatic
subsistence, subject d) Define the right to be identified as the author and musical works
matter (literary, artistic, or director CDPA 4 – Artistic works
musical and dramatic e) Define the right to object to derogatory CDPA 9 – Authorship of
works), ownership, treatment of work work
licensing, moral rights, f) Describe how copyright may be transferred or CDPA 10 – Works of joint
economic rights) licensed authorship
g) Apply (a) to (h) to a scenario CDPA 11 – First ownership
of copyright
CDPA 12 – Duration of
copyright in literary,
dramatic, musical or
artistic works
CDPA 77 Right to be
identified as author or
director

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)
CDPA 80 Right to object to
derogatory treatment of
work
CDPA 90, 91, 92 – Dealings
with rights in copyright
works

15 The law relating to a) List the acts which are restricted by copyright CDPA 16 – The acts
infringement of copyright in a work restricted by copyright in a
b) Identify the acts which infringe copyright work
(Infringement, permitted c) Define the permitted acts which do not CDPA 17 – Infringement of
acts) infringe copyright copyright by copying
d) Outline the criminal liability for making or CDPA 18 – Infringement by
dealing with infringing articles issue of copies to the
e) Apply (a) to (d) to a scenario public
CPDA 21 – Infringement by
making adaptation etc.
CDPA 22-24 Secondary
infringement
CDPA 27 – Meaning of
‘infringing copy’
CDPA 28A, 29, 30, 30A, 36,
50A-50C, 56 – Selected
permitted acts
CDPA 76 – Adaptations
CDPA 96 – Infringement
actionable by copyright
owner
CDPA 101 – Rights and
remedies of exclusive
licensee

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)
16 The law relating to EU a) Explain how registered EU designs are RDA Schedule 1A
registered designs (either protected in the UK following Brexit RDA Schedule 1B
registered or pending) and b) Explain how International Designs designating Withdrawal Agreement
International Designs the EU are protected in the UK following (2019/C 384 I/01) Title IV –
designating the EU at the Brexit Art. 54, 55, 56, 57, 59, 61
end of the Brexit c) Explain how pending or unpublished EU
transition period design applications may be protected in the
UK following Brexit
d) Apply (a) to (c) to a scenario

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)

3. Reading
All the legal texts referred to in this syllabus are essential reading.

Other books and/or websites listed here can be used to support your learning. It is not an exhaustive list and other sources of information can be used.

• Russell-Clarke and Howe on Industrial Designs (2016) 9th ed. Martin Howe QC, pub. Sweet and Maxwell

• Copinger and Skone James on Copyright (2020) 18th ed Nicholas Caddick, QC; Gwilym Harbottle, Uma Suthersanen, pub. Sweet and Maxwell

• Community Designs Handbook (Ed ITMA,CIPA, CITMA, CIPA, Katy Cullen and William Jones) (2017), pub. Sweet and Maxwell

• Laddie, Prescott & Vitoria: The Modern Law of Copyright and Designs (2018) 5th, Pub. LexisNexis Butterworths

Older but potentially still useful:

• Designs and Copyright Training Manual (2008) Rebecca Chambers, Ed. Keith Farwell and William Jones, pub. CIPA

• Community Design Law: Principles and Practice (2002) David Musker pub. Sweet and Maxwell

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PEB Foundation Certificate
Design and Copyright Law FC4 (D&C)

4. The Examination

This syllabus is assessed via a three hour unseen examination. The pass mark is 50%.

The question paper is divided into Section A and Section B.

There are 100 marks available in total: 40 marks in Section A and 60 marks in Section B.

Candidates are instructed to attempt all questions in Section A and three questions from four questions in Section B.
• Each question in Section A is worth between 1 and 10 marks.
• Each question in Section B carries 20 marks.

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