Russell-Clarke and Howe on industrial designs:
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Book |
| Language: | English |
| Published: |
London
Sweet & Maxwell
2005
|
| Edition: | 7. ed. |
| Series: | Intellectual property library
|
| Online Access: | Inhaltsverzeichnis |
| Physical Description: | LVIII, 932 S. |
| ISBN: | 0421780401 |
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| 245 | 1 | 0 | |a Russell-Clarke and Howe on industrial designs |c by Martin Howe |
| 246 | 1 | 3 | |a On industrial designs |
| 250 | |a 7. ed. | ||
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Record in the Search Index
| _version_ | 1804135175308705792 |
|---|---|
| adam_text | CONTENTS
PAGE
CONTENTS V
TABLES OF CASES XIX
COUNCIL DECISIONS XXXI
TABLE OF STATUTES XXXII
NATIONAL TABLE OF STATUTES XLI
TABLE OF STATUTORY INSTRUMENTS XLII
CIVIL PROCEDURE RULES XLVII
TABLE OF PRACTICE DIRECTIONS XLVIII
TABLE OF EUROPEAN AGREEMENTS, CONVENTIONS AND INTERNATIONAL TREATIES
XLIX
TABLE OF EUROPEAN DIRECTIVES LIII
TABLE OF EUROPEAN REGULATIONS LIV
TABLES OF ABBREVIATIONS LVIII
CHAPTER ONE
OVERVIEW AND HISTORICAL INTRODUCTION TO DESIGN RIGHTS IN THE
UNITED KINGDOM
PARA.
1. THE FIVE DIFFERENT RIGHTS
THE FIVE RIGHTS WHICH PROTECT INDUSTRIAL DESIGNS 1-01
SUMMARY OF THE ATTRIBUTES OF THE FIVE RIGHTS 1-05
2. INTER-RELATIONSHIPS
GENERAL PICTURE AS REGARDS OVERLAP OF RIGHTS 1-06
PROBLEMS AT THE BOUNDARY BETWEEN COPYRIGHT AND UK UNREGISTERED
DESIGN RIGHT 1-10
3. HISTORY OF COPYRIGHT AND INDUSTRIAL DESIGNS UP TO 1911
EARLY COPYRIGHT ACTS 1-12
TEXTILES; THE START OF INDUSTRIAL DESIGN PROTECTION 1-13
SCULPTURES 1-14
EXTENSION OF PROTECTION FOR TEXTILE DESIGNS 1-15
EXTENSION OF PROTECTION TO ARTICLES OF MANUFACTURE GENERALLY, AND
INTRODUCTION OF REGISTRATION 1-16
SUBSTANCES 1-18
REGISTRATION OF FUNCTIONAL INDUSTRIAL DESIGNS 1-19
OVERLAPPING PROTECTION FOR SCULPTURES 1-20
DRAWINGS, PAINTINGS AND PHOTOGRAPHS 1-21
DESIGNS TRANSFERRED TO COMMISSIONERS FOR PATENTS 1-23
PATENTS AND DESIGNS ACT 1907, AND COPYRIGHT ACT 1911 1-24
4. HISTORICAL DEVELOPMENT OF THE RELATIONSHIP BETWEEN COPYRIGHT AND
INDUSTRIAL DESIGN PROTECTION
THE RELATIONSHIP BETWEEN ARTISTIC COPYRIGHT AND INDUSTRIAL DESIGNS .
1-25
EFFECT OF COPYRIGHT ACT 1911 ON OVERLAPPING PROTECTION 1-26
SECTION 22 OF THE COPYRIGHT ACT 1911 1-30
CONTENTS
EFFECTS OF SECTION 22 !-
33
REFORM OF PROVISIONS AGAINST OVERLAP UNDER COPYRIGHT ACT 1956 .. 1-41
THE FATAL FLAW ON THE OVERLAP PROVISIONS OF THE COPYRIGHT ACT 1956 .
1-45
OVERLAPPING PROTECTION PERMITTED BY THE DESIGN COPYRIGHT ACT
1968
L
~
50
5. AMENDMENTS MADE BY EC HARMONISATION MEASURES 1-52
CHAPTER TWO
COMMUNITY DESIGNS AND EC HARMONISED UK DESIGNS
1. THE EUROPEAN HARMONISED SYSTEM
HARMONISATION IN THE EC INTERNAL MARKET 2-01
THE DIRECTIVE AND THE REGULATION 2-02
THE DIRECTIVE AND NATIONAL IMPLEMENTING MEASURES 2-03
THE EFFECT OF THE REGULATION 2-04
INTERPRETATION OF THE NEW CORPUS OF LAW 2-05
RELATIONSHIP WITH OTHER RIGHTS 2-06
RELATIONSHIP WITH COPYRIGHT PROTECTION 2-07
2. WHAT IS A PROTECTABLE DESIGN?
REQUIREMENTS FOR PROTECTION 2-08
DEFINITION OF DESIGN : ESSENCE IS APPEARANCE OF A PRODUCT 2-09
WHAT IS A PRODUCT ? 2-10
EXCLUSION OF FEATURES WHICH ARE DICTATED BY TECHNICAL FUNCTION 2-11
DESIGN MUST BE NEW 2-12
DIFFERING ONLY IN IMMATERIAL DETAILS 2-13
INDIVIDUAL CHARACTER 2-14
ASSESSING THE DIFFERENCE IN OVERALL IMPRESSION 2-15
THE INFORMED USER 2-16
PUBLIC POLICY AND MORALITY AS A GROUND FOR REFUSAL OR INVALIDATION ...
2-17
MISCELLANEOUS GROUNDS FOR REFUSAL: FLAGS AND EMBLEMS, ETC 2-18
GROUNDS FOR INVALIDATION ON OBJECTION BY OWNER OF CONFLICTING
RIGHTS 2-19
3. PARTIAL DESIGNS AND DESIGNS OF PARTS
DESIGNS NEED NOT RELATE TO WHOLE PRODUCT 2-20
COMMUNITY UNREGISTERED DESIGN RIGHT AND PARTS OF PRODUCTS 2-21
COMPONENT PARTS AND COMPLEX PRODUCTS 2-22
DESIGNS OF INTERCONNECTIONS: THE MUST FIT EXCLUSION 2-23
MODULAR PRODUCTS 2-24
4. AVAILABLE PRIOR ART
DATE AT WHICH NOVELTY AND INDIVIDUAL CHARACTER ARE TO BE ASSESSED ..
2-25
CLAIMS TO EARLIER PRIORITY DATE 2-26
CONFLICTING REGISTRATIONS WITH EARLIER APPLICATION OR PRIORITY DATES
2-27
MAKING A DESIGN AVAILABLE TO THE PUBLIC 2-28
NEED THE DISCLOSURE OF THE DESIGN BE IN RELATION TO A PRODUCT? 2-29
GEOGRAPHICAL SCOPE 2-30
HOW WIDE NEED PUBLICATION BE? * 2-31
WHAT IS SECTOR CONCERNED ? 2-32
CONFIDENTIAL DISCLOSURES . 2-33
PERIOD OF GRACE: DISCLOSURES BY THE PROPRIETOR WITH 12 MONTHS BEFORE
FILING 2-34
PUBLICATION IN ABUSE OF THE DESIGNER S RIGHTS 2-35
VI
CONTENTS
5. INFRINGEMENT OF REGISTERED UK AND COMMUNITY DESIGNS AND OF
UNREGISTERED COMMUNITY DESIGNS
REQUIREMENTS FOR INFRINGEMENT 2-36
ACTS WHICH CONSTITUTE INFRINGEMENT OF DESIGNS 2-37
LIMITATIONS ON INFRINGEMENT 2-38
SHIPS AND AIRCRAFT FROM ANOTHER COUNTRY 2-39
TERRITORIAL SCOPE OF INFRINGEMENT OF UK REGISTRATIONS 2-40
TERRITORIAL SCOPE OF COMMUNITY DESIGN RIGHT 2-41
TEMPORAL LIMITS OF INFRINGEMENT 2-42
SCOPE OF PROTECTION 2-43
COPYING IN THE CASE OF UNREGISTERED COMMUNITY DESIGN RIGHT 2-44
SPARE PARTS 2-45
RIGHT TO CONTINUE PRIOR USE 2-46
6. PROPERTY RIGHTS AND LICENSING
UK REGISTERED DESIGNS AND APPLICATIONS 2-47
PROPERTY LAW RELATING TO COMMUNITY DESIGNS AND APPLICATIONS 2-48
FIRST OWNERSHIP OF A COMMUNITY DESIGN RIGHT 2-^49
PERSONS WHO COMMISSION THE MAKING OF DESIGNS 2-50
DISPUTES OVER ENTITLEMENT TO A COMMUNITY DESIGN 2-51
RECORDAL OF INTERESTS IN THE REGISTER 2-52
DEALINGS WITH AND TRANSFERS OF COMMUNITY DESIGN RIGHTS 2-53
LICENSING OF COMMUNITY DESIGN RIGHTS 2-54
LAW GOVERNING APPLICATIONS FOR REGISTRATION AS OBJECTS OF PROPERTY ..
2-55
7. APPLICATION PROCEDURE
APPLICATION FOR A UK REGISTERED DESIGN 2-56
APPLICATION FOR REGISTRATION OF A COMMUNITY DESIGN 2-57
FILING THE APPLICATION FORM 2-58
MULTIPLE APPLICATIONS 2-59
FORMAL EXAMINATION ONLY 2-60
REGISTRATION 2-61
APPEALS AGAINST DECISIONS OF OHIM 2-62
8. TERMS OF PROTECTION
REGISTERED RIGHTS 2-63
UNREGISTERED COMMUNITY RIGHTS 2-64
CHAPTER THREE
PRE-2001 UK REGISTERED DESIGNS
1. APPLICATION OF THE OLD LAW TO EXISTING REGISTERED DESIGNS 3-01
2. WHAT WAS A DESIGN CAPABLE OF REGISTRATION?
NATURE OF REGISTERED DESIGN PROTECTION 3-08
DEFINITION OF DESIGN FOR PURPOSES OF REGISTRATION 3-10
DESIGN MUST HAVE HAD REFERENCE TO SOME ARTICLE 3-13
DESIGN MAY BE TWO- OR THREE-DIMENSIONAL 3-17
DESIGNS COMBINING TWO- AND THREE-DIMENSIONAL ELEMENTS 3-20
DIRECTING REGISTRATION TO SHAPE OR TO PATTERN 3-21
WHAT IS AN ARTICLE ? 3-25
ARTICLE OF MANUFACTURE 3-27
ARTICLE MUST HAVE PURPOSE OTHER THAN MERELY CARRYING THE DESIGN ... 3-28
EXCLUSION OF DESIGNS FOR ARTICLES OF A PRIMARILY LITERARY OR ARTISTIC
CHARACTER : RULE 26 3-33
VU
CONTENTS
BUILDINGS AND STRUCTURES 3-36
SPARE PARTS AND PARTS OF ARTICLES 3-38
PARTS OF ARTICLES AND THE MUST MATCH EXCLUSION 3-41
APPLICATION OF THE DESIGN BY AN INDUSTRIAL PROCESS 3-45
EYE APPEAL 3-47
EYE APPEAL NOT THE SAME AS ARTISTIC MERIT 3-51
FEATURES DICTATED BY FUNCTION 3-54
EYE APPEAL AND ARTICLES WHICH ARE PARTLY FUNCTIONAL 3-61
DESIGN FEATURES WHICH ALSO ACHIEVE FUNCTIONAL PURPOSE 3-67
HISTORICAL DEVELOPMENT OF THE EXCLUSION OF FUNCTIONAL SHAPES 3-71
DESIGNS WHERE THE APPEARANCE IS NOT MATERIAL 3-75
EXCLUSION OF METHOD OR PRINCIPAL OF CONSTRUCTION 3-77
LETTERS AND NUMERALS 3-84
CHECKS OR STRIPES 3-85
COLOUR 3-86
3. NOVELTY AND PRIOR ART
NOVELTY A REQUIREMENT FOR REGISTRATION 3-89
DATE AT WHICH NOVELTY IS TO BE ASSESSED 3-91
CONFLICTING REGISTRATIONS WITH EARLIER APPLICATION DATES 3-94
WHAT CONSTITUTES PRIOR PUBLICATION 3-97
PUBLICATION BY PRIOR USE 3-100
RE-REGISTRATION OF SAME DESIGN FOR DIFFERENT ARTICLES, OR SIMILAR DESIGN
FOR SAME OR DIFFERENT ARTICLE 3-105
PUBLICATION IN DOCUMENTS 3-108
WHEN DOES A DOCUMENT COUNT AS PUBLISHED? 3-112
DOES THE DOCUMENT DISCLOSE A DESIGN APPLIED TO AN ARTICLE? 3-118
WHAT DESIGN IS DISCLOSED BY A PRIOR PUBLISHED DOCUMENT? 3-121
PROPRIETOR WHO EXPLOITS COPYRIGHT IN ARTISTIC WORK 3-125
DISCLOSURE TO A SINGLE PERSON IS ENOUGH FOR PUBLICATION 3-129
CONFIDENTIAL DISCLOSURES 3-131
DISCLOSURE OF PROPRIETOR S DESIGN IN BREACH OF GOOD FAITH 3-135
DISCLOSURE OF A GOVERNMENT DEPARTMENT 3-139
DISPLAY OF DESIGNS AT EXHIBITIONS 3-140
PRIOR PUBLICATION MUST BE WITHIN THE UNITED KINGDOM 3-142
ASSESSING THE NOVELTY OF A DESIGN AGAINST A PRIOR DESIGN 3-145
WHOLE OF THE DESIGN NEED NOT BE NEW 3-148
DIFFERING IN IMMATERIAL DETAILS : EYE IS THE JUDGE 3-151
VARIANTS COMMONLY USED IN THE TRADE 3-154
DISTINCTION BETWEEN NEW AND ORIGINAL 3-160
POSITION BEFORE RDA 1949: NOVELTY AS TO CLASS OF ARTICLES 3-162
4. PRE-2001 INFRINGEMENT OF REGISTERED DESIGNS
REQUIREMENTS FOR INFRINGEMENT OF A REGISTERED DESIGN 3-164
ACTS OF PRIMARY INFRINGEMENT OF A REGISTERED DESIGN 3-168
MAKING OF MOULDS AND TOOLS, ETC 3-170
KITS OF PARTS 3-173
TERRITORIAL LIMITS OF INFRINGEMENT 3-177
TEMPORAL LIMITS OF INFRINGEMENT 3-180
THE ARTICLE FOR WHICH THE DESIGN IS REGISTERED 3-181
DEGREE OF RESEMBLANCE FOR INFRINGEMENT OF REGISTERED DESIGN 3-184
HOW DOES ONE LOOK FOR INFRINGING RESEMBLANCE? 3-188
WHAT NEEDS TO BE COMPARED 3-189
ISOLATING THE FEATURES WHICH CONSTITUTE THE DESIGN 3-191
NO INFRINGEMENT IF DIFFERENCE IN ESSENTIAL FEATURES 3-194
ESSENTIAL FEATURES MAY BE IDENTIFIED BY REFERENCE TO PRIOR ART 3-196
DESIGN BASED ON VERY WELL KNOWN SUBJECT 3-203
VUI
CONTENTS
WHETHER DIFFERENCES ARE SUBSTANTIAL 3-206
DESIGNS MUST BE COMPARED AS A WHOLE 3-211
IMPACT OF THE STATEMENT OF NOVELTY 3-214
5. PROPERTY RIGHTS AND LICENSING
PERSONS WHO MAY APPLY TO REGISTER A UK DESIGN 3-216
AUTHOR AS PROPRIETOR OF REGISTERED DESIGN RIGHT 3-219
JOINT AUTHORSHIP OF REGISTERED DESIGNS 3-220
DESIGNS CREATED PURSUANT TO A COMMISSION 3-222
DESIGNS CREATED IN THE COURSE OF EMPLOYMENT 3-224
ASSIGNEE OR TRANSFEREE OF THE RIGHT TO REGISTER 3-225
REGISTERING A DESIGN COPIED FROM ABROAD 3-230
ASSIGNMENTS OF REGISTERED DESIGNS 3-231
ASSIGNMENTS TO BE TOGETHER WITH UNREGISTERED DESIGN RIGHT 3-234
LICENCES UNDER REGISTERED DESIGNS 3-238
EXCLUSIVE LICENCES UNDER REGISTERED DESIGNS 3-244
REGISTRATION OF LICENCES AND OTHER INTERESTS 3-246
6. APPLICATION PROCEDURE AND APPEALS
THE DESIGNS REGISTRY 3-248
METHOD OF APPLICATION 3-249
REPRESENTATIONS OR SPECIMENS OF THE DESIGN 3-252
REGISTRATION BY SAME PROPRIETOR OF SIMILAR DESIGNS 3-256
ILLEGAL OR IMMORAL, ETC., DESIGNS 3-258
EXAMINATION OF APPLICATION, AND PATENT OFFICE OBJECTIONS 3-259
HEARING ON REGISTRAR S OBJECTIONS 3-261
APPEAL FROM REGISTRAR S DECISION 3-262
FURTHER CHALLENGE TO DECISION OF THE RDAT 3-266
GRANT OF CERTIFICATE, AND INSPECTION OF REGISTRATION 3-268
CONVENTION APPLICATIONS 3-271
7. TERM OF PROTECTION
TERM OF REGISTERED DESIGN 3-274
SPECIAL CASES WHERE TERM IS NOT RECKONED FROM DATE OF APPLICATION ..
3-275
SPECIAL CASES IN WHICH TERM IS CURTAILED FOR SOME PRE-2001 DESIGNS ..
3-277
8. THE PRE-2001 STATEMENT OF NOVELTY
BASIS OF THE STATEMENT OF NOVELTY 3-279
IMPACT OF THE STATEMENT OF NOVELTY ON WHAT IS SUBSTANTIAL 3-284
STATEMENT OF NOVELTY IN GENERAL TERMS 3-287
STATEMENT OF NOVELTY IDENTIFYING A SPECIAL FEATURE OR FEATURES 3-290
FORMULATING A STATEMENT OF NOVELTY 3-292
TWO OR MORE FEATURES INDEPENDENTLY NOVEL 3-294
9. TRANSITIONAL PROVISIONS APPLYING TO PRE-CDPA 1988 REGISTRATION
PRE- AND POST 1988 ACT REGISTERED DESIGNS 3-296
DEFINITION OF DESIGN AND REGISTRABILITY 3-297
INFRINGEMENT OF PRE-1988 ACT REGISTERED DESIGNS 3-300
MAXIMUM TERM WAS LIMITED TO 15 YEARS 3-301
CHAPTER FOUR
UK NATIONAL UNREGISTERED DESIGN RIGHT
1. NATURE OF UNREGISTERED DESIGN RIGHT
NATURE OF UNREGISTERED DESIGN RIGHT 4-01
IX
CONTENTS
DEFINITION OF DESIGN FOR UNREGISTERED DESIGN RIGHT 4-03
WHAT IS AN ARTICLE ? 4-07
EXCLUSION FROM SCOPE OF DESIGN RIGHT 4-10
METHOD OR PRINCIPLE OF CONSTRUCTION 4-11
THE MUST FIT EXCLUSION FROM DESIGN RIGHT 4-15
THE MUST MATCH EXCLUSION 4-26
UNREGISTERED DESIGN RIGHT DOES NOT COVER SURFACE DECORATION 4-29
WHAT IS A SURFACE FEATURE ? 4-34
UNREGISTERED DESIGN RIGHT AND KITS OF PARTS 4-40
2. ORIGINALITY AND QUALIFICATION FOR SUBSISTENCE
ORIGINALITY OF A DESIGN 4-42
EXCLUSION FROM PROTECTION OF COMMONPLACE DESIGNS 4-45
PREREQUISITES FOR SUBSISTENCE OF DESIGN RIGHT 4*51
NATIONALITY OF DESIGNER, EMPLOYER OR COMMISSIONER 4*55
QUALIFICATION IN CASE OF COMPUTER GENERATED DESIGNS 4-58
JOINT DESIGNERS, EMPLOYERS OR COMMISSIONERS 4*59
QUALIFYING COUNTRIES AND QUALIFYING PERSONS 4*61
QUALIFICATION FOR SUBSISTENCE OF DESIGN RIGHT BY FIRST MARKETING ....
4-65
3. INFRINGEMENT OF UNREGISTERED DESIGN RIGHT
INFRINGEMENT OF UNREGISTERED DESIGN RIGHT 4-68
ACTS OF PRIMARY INFRINGEMENT 4*71
AUTHORISING ACTS OF PRIMARY INFRINGEMENT 4*75
SECONDARY INFRINGEMENT OF DESIGN RIGHT 4-77
WHAT IS AN INFRINGING ARTICLE ? 4*79
DEALINGS IN ARTICLES AFTER EXPIRY OF DESIGN RIGHT 4*82
INFRINGING ACT MUST BE DONE FOR COMMERCIAL PURPOSES 4-84
TERRITORIAL SCOPE OF INFRINGEMENT 4*86
OVERLAP WITH INFRINGEMENT OF COPYRIGHT 4*88
WHAT AMOUNTS TO AN INFRINGING DESIGN 4-90
THE CONCEPT OF REPRODUCTION 4-93
EXACT OR SUBSTANTIAL REPRODUCTION 4-95
DOES DESIGN RIGHT SUBSIST IN THE FEATURES WHICH HAVE BEEN COPIED? ..
4-98
APPROACH TO THE QUESTION OF SUBSTANTIALITY 4-101
4. PROPERTY RIGHTS AND LICENSING
FIRST OWNERSHIP OF DESIGN RIGHT BY DESIGNER 4-104
JOINT DESIGNERS 4-107
DESIGNS CREATED PURSUANT TO A COMMISSION 4-109
DESIGNS CREATED IN THE COURSE OF EMPLOYMENT 4-112
SPECIAL RULE OF OWNERSHIP WHERE RIGHT SUBSISTS BY VIRTUE OF FIRST
MARKETING 4-115
PROSPECTIVE OWNERSHIP OF FUTURE DESIGN RIGHTS 4-116
SPECIAL JURISDICTION OF THE PATENT OFFICE OVER FIRST OWNERSHIP, SUB-
SISTENCE AND TERM OF DESIGN RIGHT 4-119
NATURE OF PROPERTY IN DESIGN RIGHT 4-123
ASSIGNMENT OF UNREGISTERED RIGHT IN CONJUNCTION WITH REGISTERED
DESIGN 4_126
JOINT OWNERSHIP OF DESIGN RIGHT 4-127
LICENSING OF A DESIGN RIGHT 4-128
EXCLUSIVE LICENCES OF DESIGN RIGHT 4-129
5. TERM OF PROTECTION
DURATION OF DESIGN RIGHT 4-131
AVAILABILITY OF LICENCES OF RIGHT DURING LAST FIVE YEARS OF TERM 4-133
CONTENTS
CHAPTER FIVE
COPYRIGHT PROTECTION FOR INDUSTRIAL DESIGNS
1. COPYRIGHT IN ARTISTIC WORKS RELEVANT TO INDUSTRIAL DESIGNS
SCOPE OF COPYRIGHT PROTECTION FOR INDUSTRIAL DESIGNS 5-01
CATEGORIES OF ARTISTIC WORK 5-04
GRAPHIC WORKS 5-06
DRAWING, DIAGRAM, MAP, CHART OR PLAN 5-08
PAINTINGS 5-12
PHOTOGRAPHS 5-13
ENGRAVINGS, ETCHINGS, LITHOGRAPHS, ETC 5-16
SCULPTURES 5-19
WORKS OF ARTISTIC CRAFTSMANSHIP 5-22
WORKS OF ARCHITECTURE 5-29
LITERARY COPYRIGHTS AND INDUSTRIAL DESIGNS 5-33
2. ORIGINALITY AND OTHER REQUIREMENTS FOR SUBSISTENCE
THE CONCEPT OF ORIGINALITY 5-37
QUANTUM OF ORIGINALITY REQUIRED FOR DERIVATIVE WORKS 5-40
DERIVATIVE WORK OF NEW KIND 5-43
SIMPLICITY OF WORK AND ORIGINALITY 5-44
PHYSICAL EXISTENCE OF ARTISTIC WORK 5-45
QUALIFICATION FOR SUBSISTENCE OF COPYRIGHT 5-47
3. WHEN COPYRIGHT CAN PROTECT THE SHAPE OF THREE-DIMENSIONAL
ARTICLES
ARTISTIC COPYRIGHT AND THREE-DIMENSIONAL ARTICLES 5-49
DEVELOPMENT OF THE DOCTRINE OF THREE-DIMENSIONAL REPRODUCTION OF
COPYRIGHT DRAWINGS 5-53
DECISION OF THE HOUSE OF LORDS IN THE BRITISH LEYLAND CASE 5-57
EXCLUSION OF INDUSTRIAL DESIGNS FROM SCOPE OF ARTISTIC COPYRIGHT ...
5-59
WHETHER DESIGN PURPOSE NEED BE PRESENT 5-64
OTHER ACTS EXCLUDED FROM INFRINGING COPYRIGHT 5-66
SCOPE OF DESIGN FOR THE PURPOSES OF SECTION 51(1) 5-68
SECTION 51 AND SURFACE PATTERNS OR DECORATIONS 5-73
RESTRICTION OF COPYRIGHT TERM WHERE ARTICLES ARE MADE BY AN INDUS-
TRIAL PROCESS 5-75
INDUSTRIAL ARTICLES WHICH ARE THEMSELVES SCULPTURES 5-79
WALL PLAQUES AND MEDALLIONS 5-83
4. COPYRIGHT AS A PROTECTION FOR SURFACE PATTERNS
ARTISTIC COPYRIGHT AND SURFACE PATTERNS 5-84
CASES WHERE ELEMENTS OF TWO- AND THREE-DIMENSIONAL DESIGNS ARE
INTER-LINKED 5-86
RESTRICTION OF COPYRIGHT TERM WHERE THE DESIGN IS APPLIED INDUS-
TRIALLY 5-88
SCOPE OF RESTRICTION ON COPYRIGHT 5-92
ARTICLES OF A PRIMARILY LITERARY OR ARTISTIC CHARACTER, AND FILMS 5-94
SCOPE OF SECTION 52 LIMITED TO ARTICLES 5-97
MAKING ARTICLES BY AN INDUSTRIAL PROCESS 5-99
5. ACTS AMOUNTING TO INFRINGEMENT OF COPYRIGHT
ACTS OF PRIMARY INFRINGEMENT 5-101
COPYING BY REPRODUCING THE WORK IN ANY MATERIAL FORM 5-102
PRIMARY INFRINGEMENT BY ISSUING COPIES TO THE PUBLIC 5-105
AUTHORISING ACTS OF PRIMARY INFRINGEMENT 5-107
XI
CONTENTS
SECONDARY INFRINGEMENTS OF COPYRIGHT 5-109
WHAT IS AN INFRINGING COPY ? 5-111
DEALINGS IN ARTICLES AFTER THE EXPIRY OF COPYRIGHT 5-114
TERRITORIAL SCOPE OF INFRINGEMENT 5-116
6. WHAT AMOUNTS TO REPRODUCTION
WHAT AMOUNTS TO AN INFRINGING REPRODUCTION 5-118
DIRECT OF INDIRECT COPYING 5-121
VISUAL SIGNIFICANCE OF FEATURES WHICH ARE COPIED 5-123
SIGNIFICANCE OF WRITTEN MATTER IN GRAPHIC WORKS 5-128
COPYING OF IDEAS AND PRINCIPLES 5-131
DEGREE OF SIMILARITY NEEDED TO COUNT AS REPRODUCTION 5-134
DEGREE OF RESEMBLANCE WITH SIMPLE WORKS 5-136
THE RIGHT TO REPAIR AND SPARE PARTS 5-137
FAIR DEALING AND RELATED DEFENCES 5-140
7. PROPERTY RIGHTS AND LICENSING
AUTHORSHIP AND FIRST OWNERSHIP OF COPYRIGHT 5-142
JOINT AUTHORS 5-144
WORKS CREATED PURSUANT TO A COMMISSION 5-147
COPYRIGHT WORKS CREATED IN THE COURSE OF EMPLOYMENT 5-150
PROSPECTIVE OWNERSHIP OF FUTURE COPYRIGHT 5-154
NATURE OF COPYRIGHT AS A PROPERTY RIGHT 5-157
COPYRIGHT IN UNPUBLISHED WORK WHICH IS LEFT BY A WILL 5-159
JOINT OWNERSHIP OF COPYRIGHT 5-160
LICENSING OF COPYRIGHT 5-161
EXCLUSIVE LICENSES OF COPYRIGHT 5-162
8. TERM OF PROTECTION AND 1988 TRANSITIONAL PROVISIONS
TERM OF COPYRIGHT 5-164
RESTRICTION OF COPYRIGHT PROTECTION WHEN ARTISTIC WORK IS EXPLOITED
AS AN INDUSTRIAL DESIGN 5-169
TRANSITIONAL ENFORCEMENT OF ARTISTIC COPYRIGHT IN RESPECT OF THREE
DIMENSIONAL ARTICLES 5-171
CHAPTER SIX
INFRINGEMENT AND VALIDITY DISPUTES: REMEDIES AND PROCEDURES
1. COURTS IN WHICH PROCEEDINGS MAY BE BROUGHT
COURTS IN WHICH CIVIL PROCEEDINGS MAY BE BROUGHT 6-01
THE PATENTS COUNTY COURT 6-06
APPELLATE COURTS 6-08
2. PARTIES
ACTION BY PROPRIETOR OF UNREGISTERED RIGHTS 6-10
ACTION BY PROPRIETOR OF REGISTERED DESIGN 6-12
ACTIONS BY EXCLUSIVE AND CERTAIN NON-EXCLUSIVE LICENSEES 6-15
EQUITABLE OWNERS AND LICENSEES 6-18
WHO MAY BE SUED FOR INFRINGEMENT 6-21
LIABILITY FOR AUTHORISING RESTRICTED ACTS 6-23
3. INVALIDITY OF UK REGISTERED DESIGNS
MODE OF CHALLENGING VALIDITY OF RIGHTS RELIED UPON 6-25
WHO MAY CHALLENGE VALIDITY 6-28
GROUNDS OF CHALLENGE TO VALIDITY 6-30
EFFECT OF ORDER FOR RECTIFICATION 6-34
XLL
CONTENTS
4. INVALIDITY OF COMMUNITY DESIGNS 6-35
5. REMEDIES IN CIVIL PROCEEDINGS
NATURE OF REMEDIES THAT CAN BE CLAIMED 6-43
INJUNCTIONS 6-45
EFFECT ON RELIEF OF LICENSES OF RIGHT 6-47
DAMAGES 6-48
INNOCENCE DEFENCES 6-52
ADDITIONAL DAMAGES 6-57
ACCOUNT OF PROFITS 6-61
DELIVERY UP OF INFRINGING ARTICLES, MOULDS, ETC 6-65
6. CRIMINAL PROCEEDINGS
CRIMINAL PROCEEDINGS FOR THE INFRINGEMENT OF COPYRIGHT 6-70
CRIMINAL PROCEEDINGS RELATING TO REGISTERED DESIGNS 6-74
7. OTHER MISCELLANEOUS REMEDIES
SELF-HELP REMEDY 6-76
CHAPTER SEVEN
ACTIONS FOR THREATS OF PROCEEDINGS FOR INFRINGEMENT
1. STATUTORY ACTION FOR THREATS
THREATS OF PROCEEDINGS 7-01
STATUTORY ACTION FOR UNJUSTIFIED REGISTERED DESIGN THREATS 7-03
STATUTORY THREATS ACTION: WHO MAY SUE? 7-06
WHO MAY BE SUED FOR MAKING THREATS? 7-08
SOLICITORS, PATENT ATTORNEYS AND OTHER AGENTS 7-09
MANNER IN WHICH THE THREAT IS COMMUNICATED 7-11
THREAT MADE TO ONE PERSON TO SUE ANOTHER 7-13
MERE GENERAL WARNING DISTINGUISHED FROM SPECIFIC THREAT 7-14
THREAT NEED NOT IDENTIFY A PARTICULAR DESIGN RIGHT 7-19
WHAT AMOUNTS TO A THREAT OF PROCEEDINGS 7-21
2. EXCEPTIONS AND JUSTIFICATION
EXCEPTION FOR THREATS IN RESPECT OF MAKING OR IMPORTATION 7-30
NOTIFICATION OF EXISTENCE OF DESIGN RIGHT 7-34
JUSTIFICATION OF THREATS 7-36
3. RELIEF GRANTED FOR THREATS
REMEDIES IN A THREATS ACTION 7-39
INTERIM INJUNCTIONS TO RESTRAIN THREATS 7-41
4. COMMON LAW PROCEEDINGS FOR THREATS
COMMON LAW REMEDIES FOR THREATS OF PROCEEDINGS 7-43
MALICE 7-46
ACTIONS FOR DEFAMATION 7-49
POSITION WHERE LITIGATION IS PENDING 7-50
XLLL
CONTENTS
CHAPTER EIGHT
COMPULSORY LICENSING AND CROWN USER
1. COMPULSORY LICENSING OF REGISTERED DESIGNS
COMPULSORY LICENSING OF REGISTERED DESIGNS 8-01
2. LICENCES OF RIGHT FOR UNREGISTERED DESIGNS
LICENCES OF RIGHT FOR UK UNREGISTERED DESIGNS 8-02
PROCEDURE FOR GRANT OF LICENCES OF RIGHT 8-03
TERMS AND EFFECT OF LICENCE OF RIGHT 8-05
3. LICENCES OF RIGHT UNDER TRANSITIONAL COPYRIGHTS 8-10
4. CROWN USER AND EMERGENCY POWERS
SECRECY OF REGISTERED DESIGNS FOR DEFENCE PURPOSES 8-12
CROWN USE OF REGISTERED AND UNREGISTERED DESIGNS 8-16
COMPENSATION FOR CROWN USER 8-20
CHAPTER NINE
EUROPEAN COMMUNITY LAW AND COMPETITION
1. EC LAW ON THE FREE MOVEMENT OF GOODS AND PARALLEL IMPORTS
FREE MOVEMENT OF GOODS UNDER EUROPEAN COMMUNITY LAW 9-01
STATUTORY ENACTMENT OF EC FREE MOVEMENT RULES 9-04
IMPORTS FROM OUTSIDE THE EEA 9-07
PARALLEL IMPORTS AND UNREGISTERED DESIGN RIGHT 9-09
ALTERNATIVE APPROACHES TO THE HYPOTHETICAL MAKING IN THE UNITED
KINGDOM 9-11
EXAMPLES OF THE APPLICATION OF THE CHARMDALE APPROACH 9-14
PARALLEL IMPORTS AND COPYRIGHT INFRINGEMENT: THE DISTRIBUTION
RIGHT 9-15
2. COMPETITION LAW AFFECTING DESIGNS
COMPETITION LAW AND DESIGNS 9-19
LICENCES OF RIGHT IMPOSED IN MONOPOLIES CASES 9-20
CHAPTER TEN
PROTECTION OF SEMICONDUCTOR TOPOGRAPHIES
PROTECTION OF SEMICONDUCTOR TOPOGRAPHIES
THE PROTECTION OF SEMICONDUCTOR TOPOGRAPHIES 10-01
PRINCIPAL FEATURES OF THE SEMICONDUCTOR TOPOGRAPHY RIGHT 10-03
DEFINITION OF SEMICONDUCTOR TOPOGRAPHY DESIGN 10-04
A PATTERN IN OR UPON A SEMICONDUCTOR LAYER 10-06
OTHER ASPECTS OF THE DEFINITIONS 10-08
SPECIAL RULES FOR QUALIFICATION 10-10
FIRST OWNERSHIP OF DESIGN RIGHT 10-11
DURATION OF DESIGN RIGHT IN SEMICONDUCTORS 10-12
XIV
CONTENTS
SPECIAL RULES APPLYING TO INFRINGEMENT OF SEMICONDUCTOR DESIGNS 10-15
TRANSITIONAL PROVISIONS APPLYING TO OLD SEMICONDUCTOR DESIGNS .... 10-19
APPENDIX A: UK REGISTERED DESIGNS
AL. DIRECTIVE 98/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
OF OCTOBER 13,1998 ON THE LEGAL PROTECTION OF DESIGNS 11-01
A2. REGISTERED DESIGNS ACT 1949 (CURRENT VERSION, EC HARMONISED
LAW) 11-23
A3. THE REGISTERED DESIGNS REGULATIONS 2001 (S.I. 2001/3949) 11-104
A4. THE REGISTERED DESIGNS REGULATIONS 2003 (S.I. 2003/550) 11-115
A5 REGISTERED DESIGNS ACT 1949 (VERSION APPLYING TO 1989-2001 REGIS-
TRATIONS) (TAKEN FROM SCHEDULE 4 OF THE 1988 ACT INCORPORATING
AMENDMENTS POST-1988 AND PRE-2001) 11-119
A6. REGISTERED DESIGNS ACT 1949 (BEFORE AMENDMENT BY CDPA 1988) ..
11-176
A7. SECTION 266 OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988 (TRANSI-
TIONAL PROVISIONS RELATING TO DESIGNS APPLIED FOR BETWEEN JAN-
UARY 12,1988 AND AUGUST 1,1989) 11-231
A8. PATENTS AND DESIGNS ACT 1907 AND 1919 (CONSOLIDATED) (EXTRACTS) ..
11-232
A9. PATENTS, DESIGNS AND TRADE MARKS ACT 1883 11-237
A10. THE REGISTERED DESIGNS RULES 1995 (S.I. 1995/2912) AS LAST AMENDED
BY THE REGISTERED DESIGN (AMENDMENT) RULES 2001 (S.I. 2001/
3950) 11-243
ALL. THE DESIGNS (CONVENTION COUNTRIES) ORDER 1994 (S.I. 1994/3219) ..
11-325
APPENDIX B: COMMUNITY DESIGNS
BL. COUNCIL REGULATION (EC) NO.6/2002 OF DECEMBER 12, 2001 ON COM-
MUNITY DESIGNS 12-01
B2. COMMISSION REGULATION (EC) NO.2245/2002 OF OCTOBER 21, 2002
IMPLEMENTING COUNCIL REGULATION (EC) NO.6/2002 ON COMMU-
NITY DESIGNS 12-112
B3. COMMISSION REGULATION (EC) NO.2246/2002 OF DECEMBER 16, 2002
ON THE FEES PAYABLE TO THE OFFICE FOR HARMONIZATION IN THE
INTERNAL MARKET (TRADE MARKS AND DESIGNS) IN RESPECT OF THE
REGISTRATION OF COMMUNITY DESIGNS 12-198
APPENDIX C: UK UNREGISTERED DESIGN RIGHT
CL. COPYRIGHT, DESIGNS AND PATENTS ACT 1988 (C.48), PART III (AS
AMENDED) 13-01
C2. COUNCIL DECISION OF DECEMBER 22, 1994 ON THE EXTENSION OF THE
LEGAL PROTECTION OF TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS TO
PERSONS FROM A MEMBER OF THE WORLD TRADE ORGANIZATION
(94/824/EC) 13-53
C3. THE DESIGN RIGHT (PROCEEDINGS BEFORE COMPTROLLER) RULES 1989 (S.I.
1989/1130) 13-57
C4. COUNCIL DIRECTIVE OF DECEMBER 16,1986 ON THE LEGAL PROTECTION OF
TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS (87/54/EEC) 13-85
XV
CONTENTS
C5. THE DESIGN RIGHT (RECIPROCAL PROTECTION) (NO.2) ORDER 1989 (S.I.
1989/1294) I
3
-
98
C6. THE DESIGN RIGHT (SEMICONDUCTOR TOPOGRAPHIES) REGULATIONS 1989
(S.I. 1989/1100) 13-102
APPENDIX D: COPYRIGHT
DL. COPYRIGHT, DESIGNS AND PATENTS ACT 1988 (C.48) (EXTRACTS RELATING TO
COPYRIGHT) 14-01
D2. COPYRIGHT ACT 1956 (C.74) (EXTRACTS*AS AMENDED) 14-71
D3. COPYRIGHT ACT 1911 (EXTRACTS) 14-84
D4. COPYRIGHT (APPLICATION TO OTHER COUNTRIES) ORDER 1999 (S.I. 1999/
1751) 14-91
D5. THE COPYRIGHT (INDUSTRIAL PROCESS AND EXCLUDED ARTICLES) (NO.2)
ORDER 1989 (S.I. 1989/1070) 14-108
D6. COPYRIGHT (INDUSTRIAL DESIGNS) RULES (S.I. 1957/867) 14-113
APPENDIX E: COURT, TRIBUNAL AND PROCEDURAL RULES
EL. CPR PART 63. PATENTS AND OTHER INTELLECTUAL PROPERTY CLAIMS 15-01
E2. PRACTICE DIRECTION*PATENTS AND OTHER INTELLECTUAL PROPERTY CLAIMS
(SUPPLEMENTING CPR PART 63) 15-18
E3. PATENTS COUNTY COURT (DESIGNATION AND JURISDICTION) ORDER 1994
(S.I. 1994/1609) 15-47
E4. REGISTERED DESIGNS APPEAL TRIBUNAL RULES (S.I. 1950/430) (AS
AMENDED) 15-53
E5. COMMISSION REGULATION (EC) NO.216/96 OF FEBRUARY 5,1996 LAYING
DOWN THE RULES OF PROCEDURE OF THE BOARDS OF APPEAL OF THE
OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS
AND DESIGNS) 15-69
E6. RULES OF PROCEDURE OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN
COMMUNITIES OF MAY 2,1991 15-84
E7. COUNCIL REGULATION (EC) NO.1383/2003 OF JULY 22, 2003 CONCERNING
CUSTOMS ACTION AGAINST GOODS SUSPECTED OF INFRINGING CERTAIN
INTELLECTUAL PROPERTY RIGHTS AND THE MEASURES TO BE TAKEN
AGAINST GOODS FOUND TO HAVE INFRINGED SUCH RIGHTS 15-223
E8 THE GOODS INFRINGING INTELLECTUAL PROPERTY RIGHTS (CUSTOMS) REG-
ULATIONS 2004 (S.I. 2004/1473) 15-249
APPENDIX F: INTERNATIONAL MATERIALS
FL. PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY OF MARCH
20,1883 (AS AMENDED ON OCTOBER 2,1979) 16-01
F2. AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY
RIGHTS, INCLUDING TRADE IN COUNTERFEIT GOODS (EXTRACTS) 16-^47
F3. WASHINGTON TREATY ON INTELLECTUAL PROPERTY IN RESPECT OF INTEGRATED
CIRCUITS (OF MAY 26,1989) 16-75
XVI
CONTENTS
F4. LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONAL CLASSIFICATION FOR
INDUSTRIAL DESIGNS (SIGNED AT LOCARNO ON OCTOBER 8, 1968 AS
AMENDED ON SEPTEMBER 28, 1979) 16-95
F5. GENEVA ACT OF THE HAGUE AGREEMENT CONCERNING THE INTERNATIONAL
REGISTRATION OF INDUSTRIAL DESIGNS, ADOPTED BY THE DIPLOMATIC
CONFERENCE ON JULY 2,1999 16-111
XVU
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CONTENTS V
TABLES OF CASES XIX
COUNCIL DECISIONS XXXI
TABLE OF STATUTES XXXII
NATIONAL TABLE OF STATUTES XLI
TABLE OF STATUTORY INSTRUMENTS XLII
CIVIL PROCEDURE RULES XLVII
TABLE OF PRACTICE DIRECTIONS XLVIII
TABLE OF EUROPEAN AGREEMENTS, CONVENTIONS AND INTERNATIONAL TREATIES
XLIX
TABLE OF EUROPEAN DIRECTIVES LIII
TABLE OF EUROPEAN REGULATIONS LIV
TABLES OF ABBREVIATIONS LVIII
CHAPTER ONE
OVERVIEW AND HISTORICAL INTRODUCTION TO DESIGN RIGHTS IN THE
UNITED KINGDOM
PARA.
1. THE FIVE DIFFERENT RIGHTS
THE FIVE RIGHTS WHICH PROTECT INDUSTRIAL DESIGNS 1-01
SUMMARY OF THE ATTRIBUTES OF THE FIVE RIGHTS 1-05
2. INTER-RELATIONSHIPS
GENERAL PICTURE AS REGARDS OVERLAP OF RIGHTS 1-06
PROBLEMS AT THE BOUNDARY BETWEEN COPYRIGHT AND UK UNREGISTERED
DESIGN RIGHT 1-10
3. HISTORY OF COPYRIGHT AND INDUSTRIAL DESIGNS UP TO 1911
EARLY COPYRIGHT ACTS 1-12
TEXTILES; THE START OF INDUSTRIAL DESIGN PROTECTION 1-13
SCULPTURES 1-14
EXTENSION OF PROTECTION FOR TEXTILE DESIGNS 1-15
EXTENSION OF PROTECTION TO ARTICLES OF MANUFACTURE GENERALLY, AND
INTRODUCTION OF REGISTRATION 1-16
SUBSTANCES 1-18
REGISTRATION OF FUNCTIONAL INDUSTRIAL DESIGNS 1-19
OVERLAPPING PROTECTION FOR SCULPTURES 1-20
DRAWINGS, PAINTINGS AND PHOTOGRAPHS 1-21
DESIGNS TRANSFERRED TO COMMISSIONERS FOR PATENTS 1-23
PATENTS AND DESIGNS ACT 1907, AND COPYRIGHT ACT 1911 1-24
4. HISTORICAL DEVELOPMENT OF THE RELATIONSHIP BETWEEN COPYRIGHT AND
INDUSTRIAL DESIGN PROTECTION
THE RELATIONSHIP BETWEEN ARTISTIC COPYRIGHT AND INDUSTRIAL DESIGNS .
1-25
EFFECT OF COPYRIGHT ACT 1911 ON OVERLAPPING PROTECTION 1-26
SECTION 22 OF THE COPYRIGHT ACT 1911 1-30
CONTENTS
EFFECTS OF SECTION 22 !-
33
REFORM OF PROVISIONS AGAINST OVERLAP UNDER COPYRIGHT ACT 1956 . 1-41
THE FATAL FLAW ON THE OVERLAP PROVISIONS OF THE COPYRIGHT ACT 1956 .
1-45
OVERLAPPING PROTECTION PERMITTED BY THE DESIGN COPYRIGHT ACT
1968
L
~
50
5. AMENDMENTS MADE BY EC HARMONISATION MEASURES 1-52
CHAPTER TWO
COMMUNITY DESIGNS AND EC HARMONISED UK DESIGNS
1. THE EUROPEAN HARMONISED SYSTEM
HARMONISATION IN THE EC INTERNAL MARKET 2-01
THE DIRECTIVE AND THE REGULATION 2-02
THE DIRECTIVE AND NATIONAL IMPLEMENTING MEASURES 2-03
THE EFFECT OF THE REGULATION 2-04
INTERPRETATION OF THE NEW CORPUS OF LAW 2-05
RELATIONSHIP WITH OTHER RIGHTS 2-06
RELATIONSHIP WITH COPYRIGHT PROTECTION 2-07
2. WHAT IS A PROTECTABLE DESIGN?
REQUIREMENTS FOR PROTECTION 2-08
DEFINITION OF "DESIGN": ESSENCE IS APPEARANCE OF A PRODUCT 2-09
WHAT IS A "PRODUCT"? 2-10
EXCLUSION OF FEATURES WHICH ARE DICTATED BY TECHNICAL FUNCTION 2-11
DESIGN MUST BE NEW 2-12
DIFFERING ONLY IN "IMMATERIAL DETAILS" 2-13
"INDIVIDUAL CHARACTER" 2-14
ASSESSING THE DIFFERENCE IN OVERALL IMPRESSION 2-15
THE "INFORMED USER" 2-16
PUBLIC POLICY AND MORALITY AS A GROUND FOR REFUSAL OR INVALIDATION .
2-17
MISCELLANEOUS GROUNDS FOR REFUSAL: FLAGS AND EMBLEMS, ETC 2-18
GROUNDS FOR INVALIDATION ON OBJECTION BY OWNER OF CONFLICTING
RIGHTS 2-19
3. PARTIAL DESIGNS AND DESIGNS OF PARTS
DESIGNS NEED NOT RELATE TO WHOLE PRODUCT 2-20
COMMUNITY UNREGISTERED DESIGN RIGHT AND PARTS OF PRODUCTS 2-21
COMPONENT PARTS AND "COMPLEX PRODUCTS" 2-22
DESIGNS OF INTERCONNECTIONS: THE "MUST FIT" EXCLUSION 2-23
MODULAR PRODUCTS 2-24
4. AVAILABLE PRIOR ART
DATE AT WHICH NOVELTY AND INDIVIDUAL CHARACTER ARE TO BE ASSESSED .
2-25
CLAIMS TO EARLIER PRIORITY DATE 2-26
CONFLICTING REGISTRATIONS WITH EARLIER APPLICATION OR PRIORITY DATES
2-27
MAKING A DESIGN AVAILABLE TO THE PUBLIC 2-28
NEED THE DISCLOSURE OF THE DESIGN BE IN RELATION TO A PRODUCT? 2-29
GEOGRAPHICAL SCOPE 2-30
HOW WIDE NEED PUBLICATION BE? * 2-31
WHAT IS "SECTOR CONCERNED"? 2-32
CONFIDENTIAL DISCLOSURES .' 2-33
PERIOD OF GRACE: DISCLOSURES BY THE PROPRIETOR WITH 12 MONTHS BEFORE
FILING 2-34
PUBLICATION IN ABUSE OF THE DESIGNER'S RIGHTS 2-35
VI
CONTENTS
5. INFRINGEMENT OF REGISTERED UK AND COMMUNITY DESIGNS AND OF
UNREGISTERED COMMUNITY DESIGNS
REQUIREMENTS FOR INFRINGEMENT 2-36
ACTS WHICH CONSTITUTE INFRINGEMENT OF DESIGNS 2-37
LIMITATIONS ON INFRINGEMENT 2-38
SHIPS AND AIRCRAFT FROM ANOTHER COUNTRY 2-39
TERRITORIAL SCOPE OF INFRINGEMENT OF UK REGISTRATIONS 2-40
TERRITORIAL SCOPE OF COMMUNITY DESIGN RIGHT 2-41
TEMPORAL LIMITS OF INFRINGEMENT 2-42
SCOPE OF PROTECTION 2-43
COPYING IN THE CASE OF UNREGISTERED COMMUNITY DESIGN RIGHT 2-44
SPARE PARTS 2-45
RIGHT TO CONTINUE PRIOR USE 2-46
6. PROPERTY RIGHTS AND LICENSING
UK REGISTERED DESIGNS AND APPLICATIONS 2-47
PROPERTY LAW RELATING TO COMMUNITY DESIGNS AND APPLICATIONS 2-48
FIRST OWNERSHIP OF A COMMUNITY DESIGN RIGHT 2-^49
PERSONS WHO COMMISSION THE MAKING OF DESIGNS 2-50
DISPUTES OVER ENTITLEMENT TO A COMMUNITY DESIGN 2-51
RECORDAL OF INTERESTS IN THE REGISTER 2-52
DEALINGS WITH AND TRANSFERS OF COMMUNITY DESIGN RIGHTS 2-53
LICENSING OF COMMUNITY DESIGN RIGHTS 2-54
LAW GOVERNING APPLICATIONS FOR REGISTRATION AS OBJECTS OF PROPERTY .
2-55
7. APPLICATION PROCEDURE
APPLICATION FOR A UK REGISTERED DESIGN 2-56
APPLICATION FOR REGISTRATION OF A COMMUNITY DESIGN 2-57
FILING THE APPLICATION FORM 2-58
MULTIPLE APPLICATIONS 2-59
FORMAL EXAMINATION ONLY 2-60
REGISTRATION 2-61
APPEALS AGAINST DECISIONS OF OHIM 2-62
8. TERMS OF PROTECTION
REGISTERED RIGHTS 2-63
UNREGISTERED COMMUNITY RIGHTS 2-64
CHAPTER THREE
PRE-2001 UK REGISTERED DESIGNS
1. APPLICATION OF THE OLD LAW TO EXISTING REGISTERED DESIGNS 3-01
2. WHAT WAS A "DESIGN" CAPABLE OF REGISTRATION?
NATURE OF REGISTERED DESIGN PROTECTION 3-08
DEFINITION OF "DESIGN" FOR PURPOSES OF REGISTRATION 3-10
DESIGN MUST HAVE HAD REFERENCE TO SOME ARTICLE 3-13
DESIGN MAY BE TWO- OR THREE-DIMENSIONAL 3-17
DESIGNS COMBINING TWO- AND THREE-DIMENSIONAL ELEMENTS 3-20
DIRECTING REGISTRATION TO SHAPE OR TO PATTERN 3-21
WHAT IS AN "ARTICLE"? 3-25
"ARTICLE OF MANUFACTURE" 3-27
ARTICLE MUST HAVE PURPOSE OTHER THAN MERELY CARRYING THE DESIGN . 3-28
EXCLUSION OF DESIGNS FOR ARTICLES OF A "PRIMARILY LITERARY OR ARTISTIC
CHARACTER": RULE 26 3-33
VU
CONTENTS
BUILDINGS AND STRUCTURES 3-36
SPARE PARTS AND PARTS OF ARTICLES 3-38
PARTS OF ARTICLES AND THE "MUST MATCH" EXCLUSION 3-41
APPLICATION OF THE DESIGN "BY AN INDUSTRIAL PROCESS" 3-45
EYE APPEAL 3-47
EYE APPEAL NOT THE SAME AS ARTISTIC MERIT 3-51
FEATURES DICTATED BY FUNCTION 3-54
"EYE APPEAL" AND ARTICLES WHICH ARE PARTLY FUNCTIONAL 3-61
DESIGN FEATURES WHICH ALSO ACHIEVE FUNCTIONAL PURPOSE 3-67
HISTORICAL DEVELOPMENT OF THE EXCLUSION OF FUNCTIONAL SHAPES 3-71
DESIGNS WHERE THE APPEARANCE IS NOT MATERIAL 3-75
EXCLUSION OF "METHOD OR PRINCIPAL OF CONSTRUCTION" 3-77
LETTERS AND NUMERALS 3-84
CHECKS OR STRIPES 3-85
COLOUR 3-86
3. NOVELTY AND PRIOR ART
NOVELTY A REQUIREMENT FOR REGISTRATION 3-89
DATE AT WHICH NOVELTY IS TO BE ASSESSED 3-91
CONFLICTING REGISTRATIONS WITH EARLIER APPLICATION DATES 3-94
WHAT CONSTITUTES PRIOR PUBLICATION 3-97
PUBLICATION BY PRIOR USE 3-100
RE-REGISTRATION OF SAME DESIGN FOR DIFFERENT ARTICLES, OR SIMILAR DESIGN
FOR SAME OR DIFFERENT ARTICLE 3-105
PUBLICATION IN DOCUMENTS 3-108
WHEN DOES A DOCUMENT COUNT AS PUBLISHED? 3-112
DOES THE DOCUMENT DISCLOSE A DESIGN APPLIED TO AN ARTICLE? 3-118
WHAT DESIGN IS DISCLOSED BY A PRIOR PUBLISHED DOCUMENT? 3-121
PROPRIETOR WHO EXPLOITS COPYRIGHT IN ARTISTIC WORK 3-125
DISCLOSURE TO A SINGLE PERSON IS ENOUGH FOR PUBLICATION 3-129
CONFIDENTIAL DISCLOSURES 3-131
DISCLOSURE OF PROPRIETOR'S DESIGN IN BREACH OF GOOD FAITH 3-135
DISCLOSURE OF A GOVERNMENT DEPARTMENT 3-139
DISPLAY OF DESIGNS AT EXHIBITIONS 3-140
PRIOR PUBLICATION MUST BE WITHIN THE UNITED KINGDOM 3-142
ASSESSING THE NOVELTY OF A DESIGN AGAINST A PRIOR DESIGN 3-145
WHOLE OF THE DESIGN NEED NOT BE NEW 3-148
DIFFERING IN "IMMATERIAL DETAILS": EYE IS THE JUDGE 3-151
VARIANTS COMMONLY USED IN THE TRADE 3-154
DISTINCTION BETWEEN "NEW" AND "ORIGINAL" 3-160
POSITION BEFORE RDA 1949: NOVELTY AS TO CLASS OF ARTICLES 3-162
4. PRE-2001 INFRINGEMENT OF REGISTERED DESIGNS
REQUIREMENTS FOR INFRINGEMENT OF A REGISTERED DESIGN 3-164
ACTS OF PRIMARY INFRINGEMENT OF A REGISTERED DESIGN 3-168
MAKING OF MOULDS AND TOOLS, ETC 3-170
KITS OF PARTS 3-173
TERRITORIAL LIMITS OF INFRINGEMENT 3-177
TEMPORAL LIMITS OF INFRINGEMENT 3-180
THE ARTICLE FOR WHICH THE DESIGN IS REGISTERED 3-181
DEGREE OF RESEMBLANCE FOR INFRINGEMENT OF REGISTERED DESIGN 3-184
HOW DOES ONE LOOK FOR INFRINGING RESEMBLANCE? 3-188
WHAT NEEDS TO BE COMPARED 3-189
ISOLATING THE FEATURES WHICH CONSTITUTE THE "DESIGN" 3-191
NO INFRINGEMENT IF DIFFERENCE IN ESSENTIAL FEATURES 3-194
ESSENTIAL FEATURES MAY BE IDENTIFIED BY REFERENCE TO PRIOR ART 3-196
DESIGN BASED ON VERY WELL KNOWN SUBJECT 3-203
VUI
CONTENTS
WHETHER DIFFERENCES ARE SUBSTANTIAL 3-206
DESIGNS MUST BE COMPARED AS A WHOLE 3-211
IMPACT OF THE STATEMENT OF NOVELTY 3-214
5. PROPERTY RIGHTS AND LICENSING
PERSONS WHO MAY APPLY TO REGISTER A UK DESIGN 3-216
AUTHOR AS PROPRIETOR OF REGISTERED DESIGN RIGHT 3-219
JOINT AUTHORSHIP OF REGISTERED DESIGNS 3-220
DESIGNS CREATED PURSUANT TO A COMMISSION 3-222
DESIGNS CREATED IN THE COURSE OF EMPLOYMENT 3-224
ASSIGNEE OR TRANSFEREE OF THE RIGHT TO REGISTER 3-225
REGISTERING A DESIGN COPIED FROM ABROAD 3-230
ASSIGNMENTS OF REGISTERED DESIGNS 3-231
ASSIGNMENTS TO BE TOGETHER WITH UNREGISTERED DESIGN RIGHT 3-234
LICENCES UNDER REGISTERED DESIGNS 3-238
EXCLUSIVE LICENCES UNDER REGISTERED DESIGNS 3-244
REGISTRATION OF LICENCES AND OTHER INTERESTS 3-246
6. APPLICATION PROCEDURE AND APPEALS
THE DESIGNS REGISTRY 3-248
METHOD OF APPLICATION 3-249
REPRESENTATIONS OR SPECIMENS OF THE DESIGN 3-252
REGISTRATION BY SAME PROPRIETOR OF SIMILAR DESIGNS 3-256
ILLEGAL OR IMMORAL, ETC., DESIGNS 3-258
EXAMINATION OF APPLICATION, AND PATENT OFFICE OBJECTIONS 3-259
HEARING ON REGISTRAR'S OBJECTIONS 3-261
APPEAL FROM REGISTRAR'S DECISION 3-262
FURTHER CHALLENGE TO DECISION OF THE RDAT 3-266
GRANT OF CERTIFICATE, AND INSPECTION OF REGISTRATION 3-268
CONVENTION APPLICATIONS 3-271
7. TERM OF PROTECTION
TERM OF REGISTERED DESIGN 3-274
SPECIAL CASES WHERE TERM IS NOT RECKONED FROM DATE OF APPLICATION .
3-275
SPECIAL CASES IN WHICH TERM IS CURTAILED FOR SOME PRE-2001 DESIGNS .
3-277
8. THE PRE-2001 STATEMENT OF NOVELTY
BASIS OF THE STATEMENT OF NOVELTY 3-279
IMPACT OF THE STATEMENT OF NOVELTY ON WHAT IS "SUBSTANTIAL" 3-284
STATEMENT OF NOVELTY IN GENERAL TERMS 3-287
STATEMENT OF NOVELTY IDENTIFYING A SPECIAL FEATURE OR FEATURES 3-290
FORMULATING A STATEMENT OF NOVELTY 3-292
TWO OR MORE FEATURES INDEPENDENTLY NOVEL 3-294
9. TRANSITIONAL PROVISIONS APPLYING TO PRE-CDPA 1988 REGISTRATION
PRE- AND POST 1988 ACT REGISTERED DESIGNS 3-296
DEFINITION OF "DESIGN" AND REGISTRABILITY 3-297
INFRINGEMENT OF PRE-1988 ACT REGISTERED DESIGNS 3-300
MAXIMUM TERM WAS LIMITED TO 15 YEARS 3-301
CHAPTER FOUR
UK NATIONAL UNREGISTERED DESIGN RIGHT
1. NATURE OF UNREGISTERED DESIGN RIGHT
NATURE OF UNREGISTERED DESIGN RIGHT 4-01
IX
CONTENTS
DEFINITION OF "DESIGN" FOR UNREGISTERED DESIGN RIGHT 4-03
WHAT IS AN "ARTICLE"? 4-07
EXCLUSION FROM SCOPE OF DESIGN RIGHT 4-10
METHOD OR PRINCIPLE OF CONSTRUCTION 4-11
THE "MUST FIT" EXCLUSION FROM DESIGN RIGHT 4-15
THE "MUST MATCH" EXCLUSION 4-26
UNREGISTERED DESIGN RIGHT DOES NOT COVER SURFACE DECORATION 4-29
WHAT IS A "SURFACE FEATURE"? 4-34
UNREGISTERED DESIGN RIGHT AND KITS OF PARTS 4-40
2. ORIGINALITY AND QUALIFICATION FOR SUBSISTENCE
ORIGINALITY OF A DESIGN 4-42
EXCLUSION FROM PROTECTION OF "COMMONPLACE" DESIGNS 4-45
PREREQUISITES FOR SUBSISTENCE OF DESIGN RIGHT 4*51
NATIONALITY OF DESIGNER, EMPLOYER OR COMMISSIONER 4*55
QUALIFICATION IN CASE OF COMPUTER GENERATED DESIGNS 4-58
JOINT DESIGNERS, EMPLOYERS OR COMMISSIONERS 4*59
QUALIFYING COUNTRIES AND QUALIFYING PERSONS 4*61
QUALIFICATION FOR SUBSISTENCE OF DESIGN RIGHT BY FIRST MARKETING .
4-65
3. INFRINGEMENT OF UNREGISTERED DESIGN RIGHT
INFRINGEMENT OF UNREGISTERED DESIGN RIGHT 4-68
ACTS OF PRIMARY INFRINGEMENT 4*71
AUTHORISING ACTS OF PRIMARY INFRINGEMENT 4*75
SECONDARY INFRINGEMENT OF DESIGN RIGHT 4-77
WHAT IS AN "INFRINGING ARTICLE"? 4*79
DEALINGS IN ARTICLES AFTER EXPIRY OF DESIGN RIGHT 4*82
INFRINGING ACT MUST BE DONE FOR COMMERCIAL PURPOSES 4-84
TERRITORIAL SCOPE OF INFRINGEMENT 4*86
OVERLAP WITH INFRINGEMENT OF COPYRIGHT 4*88
WHAT AMOUNTS TO AN INFRINGING DESIGN 4-90
THE CONCEPT OF REPRODUCTION 4-93
EXACT OR SUBSTANTIAL REPRODUCTION 4-95
DOES DESIGN RIGHT SUBSIST IN THE FEATURES WHICH HAVE BEEN COPIED? .
4-98
APPROACH TO THE QUESTION OF SUBSTANTIALITY 4-101
4. PROPERTY RIGHTS AND LICENSING
FIRST OWNERSHIP OF DESIGN RIGHT BY DESIGNER 4-104
JOINT DESIGNERS 4-107
DESIGNS CREATED PURSUANT TO A COMMISSION 4-109
DESIGNS CREATED IN THE COURSE OF EMPLOYMENT 4-112
SPECIAL RULE OF OWNERSHIP WHERE RIGHT SUBSISTS BY VIRTUE OF FIRST
MARKETING 4-115
PROSPECTIVE OWNERSHIP OF FUTURE DESIGN RIGHTS 4-116
SPECIAL JURISDICTION OF THE PATENT OFFICE OVER FIRST OWNERSHIP, SUB-
SISTENCE AND TERM OF DESIGN RIGHT 4-119
NATURE OF PROPERTY IN DESIGN RIGHT 4-123
ASSIGNMENT OF UNREGISTERED RIGHT IN CONJUNCTION WITH REGISTERED
DESIGN 4_126
JOINT OWNERSHIP OF DESIGN RIGHT 4-127
LICENSING OF A DESIGN RIGHT 4-128
EXCLUSIVE LICENCES OF DESIGN RIGHT 4-129
5. TERM OF PROTECTION
DURATION OF DESIGN RIGHT 4-131
AVAILABILITY OF LICENCES OF RIGHT DURING LAST FIVE YEARS OF TERM 4-133
CONTENTS
CHAPTER FIVE
COPYRIGHT PROTECTION FOR INDUSTRIAL DESIGNS
1. COPYRIGHT IN ARTISTIC WORKS RELEVANT TO INDUSTRIAL DESIGNS
SCOPE OF COPYRIGHT PROTECTION FOR INDUSTRIAL DESIGNS 5-01
CATEGORIES OF ARTISTIC WORK 5-04
GRAPHIC WORKS 5-06
DRAWING, DIAGRAM, MAP, CHART OR PLAN 5-08
PAINTINGS 5-12
PHOTOGRAPHS 5-13
ENGRAVINGS, ETCHINGS, LITHOGRAPHS, ETC 5-16
SCULPTURES 5-19
WORKS OF ARTISTIC CRAFTSMANSHIP 5-22
WORKS OF ARCHITECTURE 5-29
LITERARY COPYRIGHTS AND INDUSTRIAL DESIGNS 5-33
2. ORIGINALITY AND OTHER REQUIREMENTS FOR SUBSISTENCE
THE CONCEPT OF ORIGINALITY 5-37
QUANTUM OF ORIGINALITY REQUIRED FOR DERIVATIVE WORKS 5-40
DERIVATIVE WORK OF NEW KIND 5-43
SIMPLICITY OF WORK AND ORIGINALITY 5-44
PHYSICAL EXISTENCE OF ARTISTIC WORK 5-45
QUALIFICATION FOR SUBSISTENCE OF COPYRIGHT 5-47
3. WHEN COPYRIGHT CAN PROTECT THE SHAPE OF THREE-DIMENSIONAL
ARTICLES
ARTISTIC COPYRIGHT AND THREE-DIMENSIONAL ARTICLES 5-49
DEVELOPMENT OF THE DOCTRINE OF THREE-DIMENSIONAL REPRODUCTION OF
COPYRIGHT DRAWINGS 5-53
DECISION OF THE HOUSE OF LORDS IN THE BRITISH LEYLAND CASE 5-57
EXCLUSION OF INDUSTRIAL DESIGNS FROM SCOPE OF ARTISTIC COPYRIGHT .
5-59
WHETHER DESIGN PURPOSE NEED BE PRESENT 5-64
OTHER ACTS EXCLUDED FROM INFRINGING COPYRIGHT 5-66
SCOPE OF "DESIGN" FOR THE PURPOSES OF SECTION 51(1) 5-68
SECTION 51 AND SURFACE PATTERNS OR DECORATIONS 5-73
RESTRICTION OF COPYRIGHT TERM WHERE ARTICLES ARE MADE BY AN INDUS-
TRIAL PROCESS 5-75
INDUSTRIAL ARTICLES WHICH ARE THEMSELVES SCULPTURES 5-79
WALL PLAQUES AND MEDALLIONS 5-83
4. COPYRIGHT AS A PROTECTION FOR SURFACE PATTERNS
ARTISTIC COPYRIGHT AND SURFACE PATTERNS 5-84
CASES WHERE ELEMENTS OF TWO- AND THREE-DIMENSIONAL DESIGNS ARE
INTER-LINKED 5-86
RESTRICTION OF COPYRIGHT TERM WHERE THE DESIGN IS APPLIED INDUS-
TRIALLY 5-88
SCOPE OF RESTRICTION ON COPYRIGHT 5-92
ARTICLES OF A PRIMARILY LITERARY OR ARTISTIC CHARACTER, AND FILMS 5-94
SCOPE OF SECTION 52 LIMITED TO "ARTICLES" 5-97
MAKING ARTICLES BY AN INDUSTRIAL PROCESS 5-99
5. ACTS AMOUNTING TO INFRINGEMENT OF COPYRIGHT
ACTS OF PRIMARY INFRINGEMENT 5-101
COPYING BY REPRODUCING THE WORK IN ANY MATERIAL FORM 5-102
PRIMARY INFRINGEMENT BY ISSUING COPIES TO THE PUBLIC 5-105
AUTHORISING ACTS OF PRIMARY INFRINGEMENT 5-107
XI
CONTENTS
SECONDARY INFRINGEMENTS OF COPYRIGHT 5-109
WHAT IS AN "INFRINGING COPY"? 5-111
DEALINGS IN ARTICLES AFTER THE EXPIRY OF COPYRIGHT 5-114
TERRITORIAL SCOPE OF INFRINGEMENT 5-116
6. WHAT AMOUNTS TO REPRODUCTION
WHAT AMOUNTS TO AN INFRINGING REPRODUCTION 5-118
DIRECT OF INDIRECT COPYING 5-121
VISUAL SIGNIFICANCE OF FEATURES WHICH ARE COPIED 5-123
SIGNIFICANCE OF WRITTEN MATTER IN GRAPHIC WORKS 5-128
COPYING OF IDEAS AND PRINCIPLES 5-131
DEGREE OF SIMILARITY NEEDED TO COUNT AS REPRODUCTION 5-134
DEGREE OF RESEMBLANCE WITH SIMPLE WORKS 5-136
THE RIGHT TO REPAIR AND SPARE PARTS 5-137
FAIR DEALING AND RELATED DEFENCES 5-140
7. PROPERTY RIGHTS AND LICENSING
AUTHORSHIP AND FIRST OWNERSHIP OF COPYRIGHT 5-142
JOINT AUTHORS 5-144
WORKS CREATED PURSUANT TO A COMMISSION 5-147
COPYRIGHT WORKS CREATED IN THE COURSE OF EMPLOYMENT 5-150
PROSPECTIVE OWNERSHIP OF FUTURE COPYRIGHT 5-154
NATURE OF COPYRIGHT AS A PROPERTY RIGHT 5-157
COPYRIGHT IN UNPUBLISHED WORK WHICH IS LEFT BY A WILL 5-159
JOINT OWNERSHIP OF COPYRIGHT 5-160
LICENSING OF COPYRIGHT 5-161
EXCLUSIVE LICENSES OF COPYRIGHT 5-162
8. TERM OF PROTECTION AND 1988 TRANSITIONAL PROVISIONS
TERM OF COPYRIGHT 5-164
RESTRICTION OF COPYRIGHT PROTECTION WHEN ARTISTIC WORK IS EXPLOITED
AS AN INDUSTRIAL DESIGN 5-169
TRANSITIONAL ENFORCEMENT OF ARTISTIC COPYRIGHT IN RESPECT OF THREE
DIMENSIONAL ARTICLES 5-171
CHAPTER SIX
INFRINGEMENT AND VALIDITY DISPUTES: REMEDIES AND PROCEDURES
1. COURTS IN WHICH PROCEEDINGS MAY BE BROUGHT
COURTS IN WHICH CIVIL PROCEEDINGS MAY BE BROUGHT 6-01
THE PATENTS COUNTY COURT 6-06
APPELLATE COURTS 6-08
2. PARTIES
ACTION BY PROPRIETOR OF UNREGISTERED RIGHTS 6-10
ACTION BY PROPRIETOR OF REGISTERED DESIGN 6-12
ACTIONS BY EXCLUSIVE AND CERTAIN NON-EXCLUSIVE LICENSEES 6-15
EQUITABLE OWNERS AND LICENSEES 6-18
WHO MAY BE SUED FOR INFRINGEMENT 6-21
LIABILITY FOR "AUTHORISING" RESTRICTED ACTS 6-23
3. INVALIDITY OF UK REGISTERED DESIGNS
MODE OF CHALLENGING VALIDITY OF RIGHTS RELIED UPON 6-25
WHO MAY CHALLENGE VALIDITY 6-28
GROUNDS OF CHALLENGE TO VALIDITY 6-30
EFFECT OF ORDER FOR RECTIFICATION 6-34
XLL
CONTENTS
4. INVALIDITY OF COMMUNITY DESIGNS 6-35
5. REMEDIES IN CIVIL PROCEEDINGS
NATURE OF REMEDIES THAT CAN BE CLAIMED 6-43
INJUNCTIONS 6-45
EFFECT ON RELIEF OF "LICENSES OF RIGHT" 6-47
DAMAGES 6-48
INNOCENCE DEFENCES 6-52
ADDITIONAL DAMAGES 6-57
ACCOUNT OF PROFITS 6-61
DELIVERY UP OF INFRINGING ARTICLES, MOULDS, ETC 6-65
6. CRIMINAL PROCEEDINGS
CRIMINAL PROCEEDINGS FOR THE INFRINGEMENT OF COPYRIGHT 6-70
CRIMINAL PROCEEDINGS RELATING TO REGISTERED DESIGNS 6-74
7. OTHER MISCELLANEOUS REMEDIES
SELF-HELP REMEDY 6-76
CHAPTER SEVEN
ACTIONS FOR THREATS OF PROCEEDINGS FOR INFRINGEMENT
1. STATUTORY ACTION FOR THREATS
THREATS OF PROCEEDINGS 7-01
STATUTORY ACTION FOR UNJUSTIFIED REGISTERED DESIGN THREATS 7-03
STATUTORY THREATS ACTION: WHO MAY SUE? 7-06
WHO MAY BE SUED FOR MAKING THREATS? 7-08
SOLICITORS, PATENT ATTORNEYS AND OTHER AGENTS 7-09
MANNER IN WHICH THE THREAT IS COMMUNICATED 7-11
THREAT MADE TO ONE PERSON TO SUE ANOTHER 7-13
MERE GENERAL WARNING DISTINGUISHED FROM SPECIFIC THREAT 7-14
THREAT NEED NOT IDENTIFY A PARTICULAR DESIGN RIGHT 7-19
WHAT AMOUNTS TO A THREAT OF PROCEEDINGS 7-21
2. EXCEPTIONS AND JUSTIFICATION
EXCEPTION FOR THREATS IN RESPECT OF MAKING OR IMPORTATION 7-30
NOTIFICATION OF EXISTENCE OF DESIGN RIGHT 7-34
JUSTIFICATION OF THREATS 7-36
3. RELIEF GRANTED FOR THREATS
REMEDIES IN A THREATS ACTION 7-39
INTERIM INJUNCTIONS TO RESTRAIN THREATS 7-41
4. COMMON LAW PROCEEDINGS FOR THREATS
COMMON LAW REMEDIES FOR THREATS OF PROCEEDINGS 7-43
MALICE 7-46
ACTIONS FOR DEFAMATION 7-49
POSITION WHERE LITIGATION IS PENDING 7-50
XLLL
CONTENTS
CHAPTER EIGHT
COMPULSORY LICENSING AND CROWN USER
1. COMPULSORY LICENSING OF REGISTERED DESIGNS
COMPULSORY LICENSING OF REGISTERED DESIGNS 8-01
2. LICENCES OF RIGHT FOR UNREGISTERED DESIGNS
LICENCES OF RIGHT FOR UK UNREGISTERED DESIGNS 8-02
PROCEDURE FOR GRANT OF LICENCES OF RIGHT 8-03
TERMS AND EFFECT OF LICENCE OF RIGHT 8-05
3. LICENCES OF RIGHT UNDER TRANSITIONAL COPYRIGHTS 8-10
4. CROWN USER AND EMERGENCY POWERS
SECRECY OF REGISTERED DESIGNS FOR DEFENCE PURPOSES 8-12
CROWN USE OF REGISTERED AND UNREGISTERED DESIGNS 8-16
COMPENSATION FOR CROWN USER 8-20
CHAPTER NINE
EUROPEAN COMMUNITY LAW AND COMPETITION
1. EC LAW ON THE FREE MOVEMENT OF GOODS AND PARALLEL IMPORTS
FREE MOVEMENT OF GOODS UNDER EUROPEAN COMMUNITY LAW 9-01
STATUTORY ENACTMENT OF EC FREE MOVEMENT RULES 9-04
IMPORTS FROM OUTSIDE THE EEA 9-07
PARALLEL IMPORTS AND UNREGISTERED DESIGN RIGHT 9-09
ALTERNATIVE APPROACHES TO THE HYPOTHETICAL MAKING IN THE UNITED
KINGDOM 9-11
EXAMPLES OF THE APPLICATION OF THE CHARMDALE APPROACH 9-14
PARALLEL IMPORTS AND COPYRIGHT INFRINGEMENT: THE "DISTRIBUTION
RIGHT" 9-15
2. COMPETITION LAW AFFECTING DESIGNS
COMPETITION LAW AND DESIGNS 9-19
LICENCES OF RIGHT IMPOSED IN MONOPOLIES CASES 9-20
CHAPTER TEN
PROTECTION OF SEMICONDUCTOR TOPOGRAPHIES
PROTECTION OF SEMICONDUCTOR TOPOGRAPHIES
THE PROTECTION OF SEMICONDUCTOR TOPOGRAPHIES 10-01
PRINCIPAL FEATURES OF THE SEMICONDUCTOR TOPOGRAPHY RIGHT 10-03
DEFINITION OF SEMICONDUCTOR TOPOGRAPHY DESIGN 10-04
A PATTERN "IN OR UPON" A SEMICONDUCTOR LAYER 10-06
OTHER ASPECTS OF THE DEFINITIONS 10-08
SPECIAL RULES FOR QUALIFICATION 10-10
FIRST OWNERSHIP OF DESIGN RIGHT 10-11
DURATION OF DESIGN RIGHT IN SEMICONDUCTORS 10-12
XIV
CONTENTS
SPECIAL RULES APPLYING TO INFRINGEMENT OF SEMICONDUCTOR DESIGNS 10-15
TRANSITIONAL PROVISIONS APPLYING TO OLD SEMICONDUCTOR DESIGNS . 10-19
APPENDIX A: UK REGISTERED DESIGNS
AL. DIRECTIVE 98/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
OF OCTOBER 13,1998 ON THE LEGAL PROTECTION OF DESIGNS 11-01
A2. REGISTERED DESIGNS ACT 1949 (CURRENT VERSION, EC HARMONISED
LAW) 11-23
A3. THE REGISTERED DESIGNS REGULATIONS 2001 (S.I. 2001/3949) 11-104
A4. THE REGISTERED DESIGNS REGULATIONS 2003 (S.I. 2003/550) 11-115
A5 REGISTERED DESIGNS ACT 1949 (VERSION APPLYING TO 1989-2001 REGIS-
TRATIONS) (TAKEN FROM SCHEDULE 4 OF THE 1988 ACT INCORPORATING
AMENDMENTS POST-1988 AND PRE-2001) 11-119
A6. REGISTERED DESIGNS ACT 1949 (BEFORE AMENDMENT BY CDPA 1988) .
11-176
A7. SECTION 266 OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988 (TRANSI-
TIONAL PROVISIONS RELATING TO DESIGNS APPLIED FOR BETWEEN JAN-
UARY 12,1988 AND AUGUST 1,1989) 11-231
A8. PATENTS AND DESIGNS ACT 1907 AND 1919 (CONSOLIDATED) (EXTRACTS) .
11-232
A9. PATENTS, DESIGNS AND TRADE MARKS ACT 1883 11-237
A10. THE REGISTERED DESIGNS RULES 1995 (S.I. 1995/2912) AS LAST AMENDED
BY THE REGISTERED DESIGN (AMENDMENT) RULES 2001 (S.I. 2001/
3950) 11-243
ALL. THE DESIGNS (CONVENTION COUNTRIES) ORDER 1994 (S.I. 1994/3219) .
11-325
APPENDIX B: COMMUNITY DESIGNS
BL. COUNCIL REGULATION (EC) NO.6/2002 OF DECEMBER 12, 2001 ON COM-
MUNITY DESIGNS 12-01
B2. COMMISSION REGULATION (EC) NO.2245/2002 OF OCTOBER 21, 2002
IMPLEMENTING COUNCIL REGULATION (EC) NO.6/2002 ON COMMU-
NITY DESIGNS 12-112
B3. COMMISSION REGULATION (EC) NO.2246/2002 OF DECEMBER 16, 2002
ON THE FEES PAYABLE TO THE OFFICE FOR HARMONIZATION IN THE
INTERNAL MARKET (TRADE MARKS AND DESIGNS) IN RESPECT OF THE
REGISTRATION OF COMMUNITY DESIGNS 12-198
APPENDIX C: UK UNREGISTERED DESIGN RIGHT
CL. COPYRIGHT, DESIGNS AND PATENTS ACT 1988 (C.48), PART III (AS
AMENDED) 13-01
C2. COUNCIL DECISION OF DECEMBER 22, 1994 ON THE EXTENSION OF THE
LEGAL PROTECTION OF TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS TO
PERSONS FROM A MEMBER OF THE WORLD TRADE ORGANIZATION
(94/824/EC) 13-53
C3. THE DESIGN RIGHT (PROCEEDINGS BEFORE COMPTROLLER) RULES 1989 (S.I.
1989/1130) 13-57
C4. COUNCIL DIRECTIVE OF DECEMBER 16,1986 ON THE LEGAL PROTECTION OF
TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS (87/54/EEC) 13-85
XV
CONTENTS
C5. THE DESIGN RIGHT (RECIPROCAL PROTECTION) (NO.2) ORDER 1989 (S.I.
1989/1294) I
3
-
98
C6. THE DESIGN RIGHT (SEMICONDUCTOR TOPOGRAPHIES) REGULATIONS 1989
(S.I. 1989/1100) 13-102
APPENDIX D: COPYRIGHT
DL. COPYRIGHT, DESIGNS AND PATENTS ACT 1988 (C.48) (EXTRACTS RELATING TO
COPYRIGHT) 14-01
D2. COPYRIGHT ACT 1956 (C.74) (EXTRACTS*AS AMENDED) 14-71
D3. COPYRIGHT ACT 1911 (EXTRACTS) 14-84
D4. COPYRIGHT (APPLICATION TO OTHER COUNTRIES) ORDER 1999 (S.I. 1999/
1751) 14-91
D5. THE COPYRIGHT (INDUSTRIAL PROCESS AND EXCLUDED ARTICLES) (NO.2)
ORDER 1989 (S.I. 1989/1070) 14-108
D6. COPYRIGHT (INDUSTRIAL DESIGNS) RULES (S.I. 1957/867) 14-113
APPENDIX E: COURT, TRIBUNAL AND PROCEDURAL RULES
EL. CPR PART 63. PATENTS AND OTHER INTELLECTUAL PROPERTY CLAIMS 15-01
E2. PRACTICE DIRECTION*PATENTS AND OTHER INTELLECTUAL PROPERTY CLAIMS
(SUPPLEMENTING CPR PART 63) 15-18
E3. PATENTS COUNTY COURT (DESIGNATION AND JURISDICTION) ORDER 1994
(S.I. 1994/1609) 15-47
E4. REGISTERED DESIGNS APPEAL TRIBUNAL RULES (S.I. 1950/430) (AS
AMENDED) 15-53
E5. COMMISSION REGULATION (EC) NO.216/96 OF FEBRUARY 5,1996 LAYING
DOWN THE RULES OF PROCEDURE OF THE BOARDS OF APPEAL OF THE
OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS
AND DESIGNS) 15-69
E6. RULES OF PROCEDURE OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN
COMMUNITIES OF MAY 2,1991 15-84
E7. COUNCIL REGULATION (EC) NO.1383/2003 OF JULY 22, 2003 CONCERNING
CUSTOMS ACTION AGAINST GOODS SUSPECTED OF INFRINGING CERTAIN
INTELLECTUAL PROPERTY RIGHTS AND THE MEASURES TO BE TAKEN
AGAINST GOODS FOUND TO HAVE INFRINGED SUCH RIGHTS 15-223
E8 THE GOODS INFRINGING INTELLECTUAL PROPERTY RIGHTS (CUSTOMS) REG-
ULATIONS 2004 (S.I. 2004/1473) 15-249
APPENDIX F: INTERNATIONAL MATERIALS
FL. PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY OF MARCH
20,1883 (AS AMENDED ON OCTOBER 2,1979) 16-01
F2. AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY
RIGHTS, INCLUDING TRADE IN COUNTERFEIT GOODS (EXTRACTS) 16-^47
F3. WASHINGTON TREATY ON INTELLECTUAL PROPERTY IN RESPECT OF INTEGRATED
CIRCUITS (OF MAY 26,1989) 16-75
XVI
CONTENTS
F4. LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONAL CLASSIFICATION FOR
INDUSTRIAL DESIGNS (SIGNED AT LOCARNO ON OCTOBER 8, 1968 AS
AMENDED ON SEPTEMBER 28, 1979) 16-95
F5. GENEVA ACT OF THE HAGUE AGREEMENT CONCERNING THE INTERNATIONAL
REGISTRATION OF INDUSTRIAL DESIGNS, ADOPTED BY THE DIPLOMATIC
CONFERENCE ON JULY 2,1999 16-111
XVU |
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| illustrated | Not Illustrated |
| index_date | 2024-07-02T14:05:48Z |
| indexdate | 2024-07-09T20:36:19Z |
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| spellingShingle | Howe, Martin Russell-Clarke, Alan D. Russell-Clarke and Howe on industrial designs |
| title | Russell-Clarke and Howe on industrial designs |
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| title_full | Russell-Clarke and Howe on industrial designs by Martin Howe |
| title_fullStr | Russell-Clarke and Howe on industrial designs by Martin Howe |
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| title_short | Russell-Clarke and Howe on industrial designs |
| title_sort | russell clarke and howe on industrial designs |
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