1B Requirement of novelty and individual character.
(1)A design shall be protected by a right in a registered design to the extent that the design is new and has individual character.
(2)For the purposes of subsection (1) above, a design is new if no identical design or no design whose features differ only in immaterial details has been made available to the public before the relevant date.
(3)For the purposes of subsection (1) above, a design has individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the relevant date.
(4)In determining the extent to which a design has individual character, the degree of freedom of the author in creating the design shall be taken into consideration…
19.Novelty requires little elaboration for present purposes. As regards individual character I bear in mind HHJ Hacon’s analysis thereof in
- RECORDER DOUGLAS CAMPBELL QC :
- Introduction
- The issues
- The witnesses and their evidence
- Legal context
- 1B Requirement of novelty and individual character.
- Cantel Medical (UK) Ltd v ARC Medical Design
- Whether the ‘066 design was (a) new and (b) had individual character as at 18 May 2011.
- Interpretation of the ‘066 design
- Validity over the Urban Attitude brochure
- Validity over Lambert Souvenirs
- Whether the ‘067 design was (a) new and (b) had individual character as at 18 May 2011.
- Whether the Defendant’s garments produce on the informed user an overall impression different from (a) the ‘066 design (b) the ‘067 design.
- Conclusion