||All England Reporter
|| All ER (D) 489 (Jul)
|| EWCA Civ 1119
||Court of Appeal, Civil Division
Thorpe, Robert Walker and Arden LJJ
||Denise McFarland (instructed by Carvill & Johnson, Birmingham) for the claimant.
||Graham Shipley (instructed by Ralph Davis) for the defendants.
||31 July 2002
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).
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.
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