Intellectual Property Enterprise Court

IP-2022-000020 - [2023] EWHC 1303 (IPEC)

Fecha: 02-Jun-2023

Section 228(2) applies to articles made in the United Kingdom, and s 228(3) applies to articles made elsewhere. See also Russell-Clarke & Howe on Industrial Designs , 10 th Edition, at 4-091 to 4-092

Section 228(2) applies to articles made in the United Kingdom, and s 228(3) applies to articles made elsewhere. See also Russell-Clarke & Howe on Industrial Designs, 10^th Edition, at 4-091 to 4-092.

35.

In his reply speech in closing Counsel for the Claimant applied to amend the Particulars of Claim to introduce an allegation that “if and to the extent that that acts of primary infringement and/or authorisation complained of herein were carried out in Bangladesh, the same were and are actionable by the Claimant and/or its predecessors in title (and the same are entitled to the same or equivalent remedies and relief) under the laws of Bangladesh as under the laws of England”. I refused that application for reasons I gave at the time: see [2023] EWHC 1047 (IPEC). Essentially this application was extremely late and allowing it would have been unfair to the Defendants.