Source: All England Reporter
Publisher Citation: [2002] All ER (D) 40 (Oct)
Court: Chancery Division
Judge:

Laddie J

Representation Michael Silverleaf QC, Christopher Parker, Adrian Speck and Henry Ward (instructed by Eversheds) for the claimant.
  Roger Wyand QC (instructed by Halliwell Landau) for B plc.
  Iain Purvis (instructed by Addleshaw Booth & Co) for the directors.
Judgment Dates: 3 October 2002

Catchwords

Design - Design right - Infringement - Design rights subsisting in components used in construction of conservatory roofs - Whether any rights subsisting in designs at issue - Copyright, Design and Patents Act 1988, ss 213, 215.

The Case

In proceedings relating to certain design rights in components used in the construction of conservatory roofs, the court ruled on a number of preliminary issues, including, inter alia, whether design rights subsisted in the designs at issue, that, save in respect of two components, none of the designs was completely removed from protection by the combined effect of the 'must fit', 'must match' and commonplace provisions contained in s213 of the .

Practice Areas

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