| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 128 (Apr) |
| Court: | Patents County Court |
| Judge: | John Baldwin QC sitting as a deputy judge |
| Representation | Robert Onslow (instructed by Trethowans LLP) for the claimant. |
| Denise McFarland (instructed by Richard Griffiths & Co) for the defendants. | |
| Judgment Dates: | 18 April 2012 |
Catchwords
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 - .
The Case
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.
Practice Areas
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