Beer glass designs and the difference between registered and unregistered designs
The Intellectual Property Enterprise Court — formerly the Patents County Court — has ruled that a UK registered design for a beer glass was valid and infringed by the defendants’ glass. It also found that the unregistered design right in the design was infringed by one of the rival’s design features.
Registered designs — governed by the Registered Designs Act 1949, as amended — confer on the owner of a registered design a monopoly right to make articles incorporating that design for up to 25 years from the date of registration. A design will be capable of registration if it is new and has individual character. This means that the design must not be identical or differ only in immaterial details to a prior design, and it must produce a different overall impression on the informed user.
Unregistered design right, which is governed by provisions of the Copyright, Designs and Patents Act 1988, subsists in an original design of any aspect of the shape or configuration of the whole or any part of an article. A design will not benefit from unregistered design right where it is ‘commonplace’ in the design field at the time of its creation. The right confers a monopoly right to reproduce the design for commercial purposes, such as by making articles to that design…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Southend-On-Sea Borough Council v Armour is a tenancy repossession case in which the tenant invoked a successful article 8 defence.
The draft Equality Act 2010 (Equal Pay Audits) Regulations 2014 are due to come into force on 1 October 2014.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents