A recent judgment handed down by Mr Justice Birss in Sealed Air
Ltd v Sharp Interpack Ltd & Anor [2013] EWPCC 23 (30 May 2013)
considers the way in which technical drawings in a registered
design should be interpreted. In effect, Birss J has introduced an
intermediary who interprets the technical drawings for the
"informed user" who uses the intermediary's
interpretation of the design, for example to assess validity and
infringement of the design.
The drawings or "representations" of the design are
often considered the most important part of a design registration
since they define its scope of protection. There are several
different ways in which a design can be represented in a design
registration, for example by including a photograph, hand-drawn
sketch, screenshot or a technical drawing of the design. Technical
drawings are a common way to represent designs in design
registrations. The registered designs in this particular case
relate to a range of plastic soft
