This judgment was handed down remotely at 10.30 on 31 January 2023 by circulation to the parties or their representatives by email and released to the National Archives.
HIS HONOUR JUDGE HACON
- This judgment was handed down remotely at 10.30 on 31 January 2023 by circulation to the parties or their representatives by email and released to the National Archives.
- Introduction
- Brexit
- The statutory law on infringement
- Right given by registration
- Interpretation of the registered designs
- Matters to be considered in an assessment of infringement
- The relevant sector
- The informed user, awareness of prior art and level of attention paid
- The designer’s degree of freedom
- Snow Globe
- Features solely dictated by technical function
- The relevance of branding
- The date of assessment
- Registration of design where application for protection in convention country has been made.
- The law on the comparison of overall impressions
- The design corpus
- The grace period
- Requirement of novelty and individual character
- The design corpus in this case
- The comparison of the overall impressions in this case
- Conclusion