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Part III of the Act creates a "design right" separate from the registration of designs governed by the Registered Designs Act 1949. To qualify, the design must be original (not commonplace in the field in question) and not fall into one of the excluded categories (s. 213(3)): principles and methods of construction;
The first step of the infringement analysis, copying-in-fact, includes determining that the defendant actually copied the work as a factual matter. [53] Because direct evidence of copying is rare, courts tend to permit evidence showing that (1) the defendant had access to the copyrighted work and so had the opportunity to copy the work and (2) a sufficient degree of similarity exists between ...
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The Registered Designs Act 1949 (12, 13 & 14 Geo. 6. c. 88) is an act in the United Kingdom concerning copyright and related rights, industrial designs, patents, protection of undisclosed information. The purpose of the act was to consolidate certain enactments relating to registering designs. [2] "The Act prescribes that where an application ...
The actual rights provided vary from nation to nation; French law treats moral rights as supreme and perpetual, and German law gives both moral and economic rights the same weighting, [2] but the British legal system has traditionally "manifested a certain scepticism towards claims that authors deserve special protection in law", [3] and until ...
There are two types of design rights: the registered design right (Registered Designs Act 1949) and the unregistered design right. Unregistered design rights protect only the shape of a three-dimensional design. [1] It subsists if the design is recorded on paper, or if an article has been made according to that design.
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