Design Statutes

Question 1

CPDA 213(2)

Answer 1

A design is the shape or configuration, whether internal or external, of the whole or part of an article.

Question 2

CDPA 263(1), random definitions

Answer 2

A design document is any record of a design, whether by drawing, written description, photograph, data, ort otherwise.

Question 3

CDPA 213(3)

Answer 3

UKUDR doesn’t subsist in:

(a) methods/principles of construction
(b) features of a shape or configuration of an article which:
(i) [FUNCTIONAL] enables the article to be connected to, placed in, around, or against, so that the article can perform it’s function.
(ii) are dependent on the appearance of another article for which it is intended to be an integral part of.
(c) surface decoration.

Question 4

CDPA 213(4)

Answer 4

A design is not original if it is commonplace in the field, in a qualifying country, at the time of creation.

Question 5

CDPA 226(1)(2)

Answer 5

PRIMARY INFRINGEMENT:

226(1): The proprietor has the exclusive right to reproduce the design for commercial purposes:

(a) by making articles to the design
(b) by making a design document to enable further articles to be made

226(2): Reproduction = copying exactly or substantially to the protected design

Question 6

CDPA 227

Answer 6

SECONDARY INFRINGEMENT:

Design right is infringed if, without the consent of the proprietor they:

(a) import into the UK for commercial purposes
(b) has in their possesion for commercial purposes
(c) sells, hires out, offer to sale or hire, in the course of business, an article that they have reason to believe is infringing.