M3Ec Designs

Front 1

Registered Designs Act 1949, S1(2) and S1(2)

Back 1

Definition ofdesign: appearance of the whole or part of a product resulting from thefeatures of, in the particular, the lines, contours, colours, shape, texture,or materials of the product or its ornamentation

Product: anyindustrial or handicraft item other than a computer program; and, inparticular, includes packaging, get-up, graphic symbols, typographic type-facesand parts intended to be assembled into a complex product

Front 2

Registered Designs Act 1949, S1B

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Requirement fornovelty and individual character

(2) New if noidentical design or no design whose features differ only in immaterial detailshas been made available to the public before relevant date (date of applicationfor registration of design)

(3) Individualcharacter if overall impression it produces on the informed user differs fromthe overall impression produced on such a user by any design which has beenmade available to the public before the relevant date

Front 3

Registered designs act, S1C

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(1) Right in registered design shall not subsist in features of appearance of a productwhich are solely dictated by technical function

(2) As above but forfeatures which must necessarily be reproduced in their exact form to permitproduct to be mechanically connected to/placed around or against anotherproduct so that either product may perform its function (MUST MATCH)

(3) Subsection (2)does not prevent right in registered design serving the purpose of allowingmultiple assembly or connection of products within a modular system (e.g. Lego)

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Registered designs act, S1B(8)

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Not-visible exclusions

A design applied toa component part of a complex product shall only be considered new and havingindividual character if it remains visible when incorporated into complexproduct during normal use(9) Normal use meansby end user, doesn't include maintenance, service, or repair

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Registered designs act, S1D

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Rights do notsubsist in designs contrary to public policy or morality

Front 6

Apple Computer Inc v Design Registry

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UI, Icons held to beregistrable

Front 7

Green Lanes v PMSu

Back 7

Relevant sector issector that consists of or includes the sector of the alleged prior art - notlimited to sector specified in application

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Woodhouse v Architectural Lighting

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Informed user is notmanufacturer, seller, expert or designer

Regular, attentiveuser of articles in question

Knows about what'sin the market, what has there been in recent past, product trends andavailability and some limited technical knowledge

Front 9

P&G v Reckitt Benckiser

Back 9

Informed user isaware of existing designs but without archival mind

Alert to designissues

More extensiveknowledge than "average consumer" in TM casesLess liable toimperfect recollection

Design freedom is anobjective test, determined by external constraints which would apply to alldesigners, can be limited by health and safety requirements or rules whichregulate the field, but not internal commercial constraints

Front 10

Samsung v Apple

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Exclusion of designdictated by technical function: exclusion applies where a feature which ispurely functional, not to some degree chosen for the purpose of enhancingvisual appearance

Front 11

Landor & Hawa v Azure Designs

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Exclusion of designdictated by technical function: even if designer only considered functionalaims, the design is protectable if it can be made in different shapes

Front 12

Masterman's design

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Morality - cartoongenitalia is allowed (on appeal)

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Registered designs act, S11ZA

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Grounds forinvalidity of registration

(1) (a) doesn'tsatisfy S1(2) i.e. not a 'design'

(b) doesn't satisfyS1B to 1D i.e. not new and with individual character, dictated by technicalfunction, not visible, contrary to public policy or morality

(c) grounds forrefusal (protected emblems, flags etc)

(2) not correctowner

(3) earlierdistinctive sign

(4) use of copyrightwithout permissionrm=1

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Registered designs act, S7(1)

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Scope of protection- gives proprietor exclusive right to use design and any design which does notproduce on the informed user a different overall impression

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Registered designs act S7(2)

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Use of design:making, offering, putting on market, importing, exporting or using of productin which the design is incorporated or to which it is applied, or stockingproduct for those purpose3}

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Registered designs act S7A(2)gnature="12ml[]

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Right in registereddesign is not infringed by:Private acts

Experimentalpurposes

Reproduction forteaching or making citations

Visiting ships oraircrafts

Importation into UKof spare parts or accessories for repairing visiting ships

Test forinfringement is same as test for individual character

Front 17

CDPA 1988 S213(2)

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Unregistered designs- design means design of any aspect of the shape or configuration of the wholeor part of an article

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A Fulton Co v Totes Isotoner

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Aspect is"discernable" or "recognisable"

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Lambretta v Teddy Smith

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UDR: The mere choiceof colourways of a standard track top was not an aspect of the shape orconfiguration of an article or part of an article

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CDPA 1988 S213(3)

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UDR does not subsistin:

(a) a method orprinciple of construction

(b) features ofshape or configuration of an article which (i) enable the article to beconnected to, placed in, around or against another article so that either mayperform its function (MUST FIT) or (ii) are dependent upon appearance ofanother article of which the article is intended by the designer to form anintegral part (MUST MATCH)

(c) surfacedecoration

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CDPA 1988 S213(4)

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UDR: design is notoriginal if it is commonplace in design field at the time of its creation2 step test -"originality" in copyright sense (design not copied, result ofdesigner's own skill, labour and judgement); not commonplace (not trivial,trite, common or garden, or hackneyed)Design itself istested, not articleCombination offeatures, not individual elementsps://www.cram.com/flashcards/edit/5832338