Where Crown use1 is made of a registered design, the government department concerned2 must pay to the registered proprietor3 or, if there is an exclusive licence4 in force in respect of the design, to the exclusive licensee compensation for any loss resulting from his not being awarded a contract to supply the products5 to which the design is applied or in which it is incorporated6. Compensation is payable only to the extent that such a contract could have been fulfilled from his existing manufacturing capacity; but it is payable notwithstanding the existence of circumstances rendering him ineligible for the
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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