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Apple Inc. v. Samsung Electronics Co.
The Designs Act recognises two types of infringement: primary and secondary infringement. A primary infringement relates to s71 (1) (a), where a person directs, causes or procures the product to be made by a third party. [6] Secondary infringement relate to ss 71 (1) (b), (c), (d), (e), where a person infringes a registered design if there is ...
According to industrial property Act 2001, an industrial design is defined as "any composition of lines or colours or any three-dimensional form whether or not associated with lines or colours, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as pattern for a product of industry or handicraft" .
1) A copyright is held by default with the person whose name it was taken out in, regardless of potential conflicts with state law. 2) If a work contains a mixture of original and copyright infringing material, but it is so intermingled as to be inseparable, then the copyright holder may take all profits from the work.
Entick v Carrington (1765) 95 ER 807 (authorities have no power which is not explicitly given to them by law; repercussions far beyond exclusive rights) Millar v. Taylor (1769) 4 Burr 2303; 98 ER 201 (copyright is perpetual) Donaldson v. Beckett (1774) 4 Burr 2408; 98 ER 257 (copyright is not perpetual) Dick v.
Monsanto Canada Inc v Schmeiser
Designer Guild Limited v. Russell Williams (Textiles) Limited, [1] is a leading House of Lords case on what constitutes copying in copyright infringement cases. [2] The House of Lords considered whether there was infringement of a fabric design. Although both the copyrighted work and the infringing design were different in detail, the overall ...
Intellectual property infringement