The following IP Q&A produced in partnership with Chris Thomas and Robert Cumming of Appleyard Lees provides comprehensive and up to date legal information covering:
Infringement of UK unregistered design right (UDR) requires proof of subsistence or validity of the UDR and proof of copying.
An unregistered design right (UDR) is a property right which exists in the design of the shape or configuration of the whole or part of an article (section 213(1)–(2) of the Copyright, Designs and Patents Act 1988 (CDPA 1988)).
For a UDR to subsist, a design must be original, in the sense that it must not have been copied and it must also not be commonplace in the field of design at the time of its creation (CDPA 1988, s 213(1) and (4)). The test that a design must be original and not commonplace is not a high bar. In Action Storage Systems Ltd v G-Force Europe.Com Ltd, paras  and , Judge Hacon stated:
‘…anything in the creation of the design requiring more than slavish copying will result in that design being original (para 19) … it will not be often that the design of an entire article is found to be commonplace (para 34)…’
A UDR cannot subsist in:
designs for a method of construction
for the features of an article which enable it to be connected to another article to perform a function, or which are dependent upon the appearance of another article of which it is intended to form part
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.