Share on LinkedInShare on LinkedIn

ARTICLE · 14 JANUARY 2020

UK Unregistered Design Right – Is It Any Clearer?

The provisions of the Copyright Designs and Patents Act 1988 which deal with the UK unregistered design right are notoriously poorly drafted and unclear.

United KingdomIntellectual Property

The provisions of the Copyright Designs and Patents Act 1988 ("CDPA 1988") which deal with the UK unregistered design right are notoriously poorly drafted and unclear. Almost two decades after the provisions came into force, Jacob LJ said in Dyson Ltd v Qualtex (UK) Ltd [2006] EWCA Civ 166:

"It has the merit of being short. It has no other ... The amount of textbook writing and conjecture as to the meaning is a testament to its obscurity. We just have to do the best we can, trying to arrive at "an interpretation which the reasonable reader would give to the statute read against its background" ... The absence of any clear policy, as to where the line of compromise was intended to run, means that brightline rules cannot be deduced".

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from