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Design Law 1 D - Coggle Diagram
Design Law 1 D
Definition of Design
any industrial or handicraft item; includes packaging, symbols, type etc…. TOC p. 22, Notes 64-65
• Complex Product means a product composed of at least 2 replaceable component parts permitting disassembly TOC p. 22, Notes 64-65
the appearance of the whole or a part of a product resulting from the features of in particular the lines, contours, colours, shape, texture or materials of the product or its ornamentation’ TOC p. 22, Notes 64-65
Electronic Techniques (Anglia) Ltd v Critchley Components Ltd [1997] FSR 401 at 418 where the example is given of a handle for a spoon which could equally be applied to a fork TOC p.23-24, Notes 70
Article (as mentioned in S.213(2)) sugests something 3D, but, 2D things can also be an article TOC p.24, P, 70
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Infringement
Primary: Owner has the exclusive right to reproduce the design for commercial purposes by making articles to that design or making a design document for the purpose of enabling such articles to be made TOC p. 25, Notes 74
Secondary: S.227, the defendant must know or have reasont o believe the article in question was an infringing copy, TOC p.25, Notes 74
the alleged infringing article or articles be compared with the document or article embodying the design TOC p.25, Notes p75
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Concerned with how things look TOC p.21, Notes 63
Involves 2 things TOC p.21, Notes 63
an article or product TOC p.21, Notes 63
some added ingredient – a design feature which enhances the appearance of the article - this design feature can gain protection if it has a function to the end user TOC p.21, Notes 63
EU - Regulation on the Community Design provides protection in all EU Member States by means of a single registration TOC p. 21, Notes 63-64
UnReg Design Right: some protection should be available to give the manufacturer who has spent money on the design the opportunity to benefit from his investment TOC p.23, Notes 69