Case No. IP-2021-000119

(1)The registration of a design under this Act gives the registered proprietor the exclusive right to use the design and any design which does not produce on the informed user a different overall impression.(2)For the purposes of subsection (1) above and section 7A of this Act any reference to the use of a design includes a reference to—(a) the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied; or(b) stocking such a product for those purposes.(3)In determining for the purposes of subsection (1) above whether a design produces a different overall impression on the informed user, the degree of freedom of the author in creating his design shall be taken into consideration.(4)The right conferred by subsection (1) above is subject to any limitation attaching to the registration in question (including, in particular, any partial disclaimer or any declaration by the registrar or a court of partial invalidity).”8.A design thus infringes a registration if it does not produce on the informed user a different overall impression to that produced by the design as registered. That said, the task of the court involves more than a simple comparison of two designs and a judgment reached on that comparison. Groundwork has first to be cleared.