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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;
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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 ...
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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UK copyright law has a set of exceptions to copyright, only some of which are referred to as fair dealing.Database right has a similar set of exceptions. Fair dealing is much more restricted than the American concept of fair use.
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