||All England Reporter
|| All ER (D) 455 (Mar)
||James Abrahams (instructed by Roythorne, Spalding) for the claimant.
||Guy Tritton (instructed by Laytons, Guildford) for the defendant.
||27 March 2002
Design - Unregistered design right - Infringement - Copyright - Shape or configuration - Design right claimed in respect of seating system for invalid infants - Whether design registrable - Whether design right infringed - s 213.
The claimant's design for a seating system for invalid infants was not registrable under s213 of the since the wording of the particulars of claim said nothing of the shape and configuration of the design, only how the seating system was constructed. Under the 1988 Act, the method or principle of construction was not generally registrable if it affected the shape and configuration of the article. Accordingly, the claimant's action for design right infringement, as pleaded, would be struck out.
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