713. Test for infringement.

713.     Test for infringement.

A design infringes the right given by registration if it does not produce on the informed user a different overall impression1. An informed user is not the same as a person 'skilled in the art' of patent law2 nor the average consumer of trade mark law3. The informed user is a user who has experience of other similar articles and who will be reasonably discriminatory; he is able to appreciate enough detail to decide whether a design creates an overall impression which has individual character and whether an alleged infringement