||All England Reporter
|| All ER (D) 128 (Apr)
||Patents County Court
John Baldwin QC sitting as a deputy judge
||Robert Onslow (instructed by Trethowans LLP) for the claimant.
||Denise McFarland (instructed by Richard Griffiths & Co) for the defendants.
||18 April 2012
Design - Design right - Ownership - Commission - Claimant asserting ownership of design rights - Claimant submitting products designed and made by first defendant company pursuant to commission - Claimant seeking declaration and delivery up - Whether commission being established - Whether commission being established in equity - Whether implied term vesting rights in claimant - Whether delivery up should be ordered - .
Design Design right. The Patents County Court refused a declaration for ownership of design rights absent evidence of a commission under of the Copyright, Designs and Patents Act 1988, but ordered the delivery up of the claimant's goods.
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