44 (a) The 1983 amendment did not create copyright retro¬ spectively. Consequently there was no copyright in the Butt-Cat plug, mould and hulls because they had been made before 17 October 1983. (b) In any event, there could have been no infringement of copyright before 17 October 1983. (c) By virtue of s. 43(a)(ii) of the Act, there was no copyright in the Butt-Cat plug, mould and hulls because such copyright did not subsist prior to 11 September 1965. Schultz's counsel did not press submission (a) with any conviction. .. That was not surprising in view of the provisions of s. 43 of the Act: "43. This Act shall apply in relation to works made before the commencement of this Act as it applies in relation to works made thereafter,: provided that (a) nothing in this Act contained shall (i) (ii) be construed as creating any copyright which did not sub¬ sist prior to 11 September 1965 " It . . . .