The following IP practice note provides comprehensive and up to date legal information covering:
This Practice Note examines the complex relationship between copyright and designs. For more information about designs law and copyright law, see: Design transactions and management—overview and Copyright & associated rights—overview.
Prior to the implementation of the Copyright, Designs and Patents Act 1988 (CDPA 1988), copyright was the principal means of protecting rights in industrial articles. One of the intentions behind CDPA 1988 was to limit the application of copyright to industrially commercialised designs and introduce an unregistered design right in the UK (often referred to as 'design right'). For a visual summary of the role of CDPA 1988 copyright provisions, see: Application of copyright law to designs—flowchart below.
Authors of artistic works that are applied industrially may not be able to rely on copyright but instead may rely upon design right or registered design(s). However, copyright remains a means of protecting:
original design drawings
rights in designs of three-dimensional objects that are considered artistic works under CDPA 1988
surface decoration applied to industrial articles
CDPA 1988 as amended by the Enterprise and Regulatory Reform Act 2013 (ERRA 2013)
the Registered Designs Act 1949
the Registered Designs Regulations 2001, SI 2001/3949 implementing Directive 98/71/EC
Lambretta Clothing v Teddy Smith
Dyson v Qualtex
Lucasfilm v Ainsworth
CDPA 1988, s 236 provides:
'…where copyright subsists in a work
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Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance. Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation. This Practice Note
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually state that judgment is being reserved. This is common practice in the High Court. The draft judgment will be provided to the parties’ legal
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