Source: All England Reporter
Publisher Citation: [2002] All ER (D) 489 (Jul)
Neutral Citation: [2002] EWCA Civ 1119
Court: Court of Appeal, Civil Division
Judge:

Thorpe, Robert Walker and Arden LJJ

Representation Denise McFarland (instructed by Carvill & Johnson, Birmingham) for the claimant.
  Graham Shipley (instructed by Ralph Davis) for the defendants.
Judgment Dates: 31 July 2002

Catchwords

Design right - Unregistered design - Infringement - Reproduction - Judge finding defendants' product copying item of claimant's design - Judge holding test for infringement whether item copied having formed substantial part of claimant's design - Whether judge applying correct test - s 226(2).

The Case

There was a difference between an enquiry, as in copyright, as to whether an item copied formed a substantial part of the copyright work, and an enquiry on an alleged infringement of a design right, as was required by s226(2) of the as to whether the whole allegedly infringing design containing the item copied was substantially the same design as that which enjoyed design right protection.

Practice Areas

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