- Define design rights in Intellectual Property Law
- Consider what rights does John have in his carved furniture?
- Registered Designs which relate to the aesthetic appearance of a product; Unregistered Design Rights protect the internal or external shape of products; finally, Design Copyright protects design documents.
- Consider Section 213(1-3) of the CDPA 1988.
- Consider whether the carvings amount to sculptures or works of artistic craftsmanship, and examine Section 4(1) of the CDPA).
- Against whom can John take any action, and will he be able to take any legal action against Maarten in the Germany?
- Perhaps the garden centre and Maarten BV. If you decide this is possible then consider the requirements under Section 213.
- Look to see whether Lucasfilm Ltd & Ors v Ainsworth & Anor can apply.
- You may also consider whether Article 4(1) of the Regulation on Community Designs) may apply including . Article 3(a).
- Check for time under (Article 11(1)).
- Potential Defence
- See if Section 51 defence, may apply. that the furniture shapes are designs but are not “designs for artistic works”. If not consider whether copying based on the detailed features that are reproduced, are infringing articles (Section 17 of the CDPA).
- Potentially check for secondary infringing acts under Sections 22 and 23 of the CDPA. (see Section 227 of the CDPA).
- You may also consider that the UK design right may apply subject to the test of originality. Farmers Build Ltd. v Carrier Bulk Materials Handling Ltd. [1999] RPC 461 unless the design is a commonplace (Section 213(4).
- What should John do to ensure the best protection?
- He may consider applying for a registered design and consider the (there may be about 3-4) basic requirements for registrability and protection (Section 1).
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