LPC Law Notes Commercial and IP Notes
A collection of the best LPC Commercial and IP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of CLIP notes available in the UK this year. This collection of notes is fully updated fo...
The following is a more accessible plain text extract of the PDF sample above, taken from our Commercial and IP Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Rights protecting product designs (Design Right and Registered Design)
Sources |
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Types | Go on IPO website - browse by product type |
Aims | To encourage and protect innovative designs |
Registered Design
Stage 1 - Validity and Ownership Q
Registrability of designs | Set out in s.1 to 1D |
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What is a design? |
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What is a product? | - s.1(3) a product may be an ‘industrial or handicraft’ item. Therefore, some items have protection of RDA (if reg’d) and CPDA automatically |
Requirements for registration | - s.1B(1) design must be new and have individual character and must not fall w/in stat exclusions |
What does ‘new’ mean? |
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Exceptions |
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What does ‘individual character’ mean? |
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Exclusions from registration | Even if design meets requirements of novelty and individual character, it might be excluded:
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Authorship and ownership | S.2(3) person who creates it. Author will be 1st owner unless:
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Duration | - registration gives protection for an initial period of 5 yrs (s.3C(2) -s.8(1)) and can be extended under s8(2) for further periods of 5 yrs up to a maximum 25 yrs |
Stage 2
Infringing act | S.7(2) provides a non-exhaustive list of activities that will constitute ‘use’:
Generally, these acts will only infringe RDR if they are done for commercial purposes s.7A(2)(a) |
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Stage 3
Comparison of designs | Design used by D must be compared w/Cl’s design as registered. It is imp to obtain a copy of the design as it appears on IPO Comparison is same test as individual character and informed user will again need to be a person who has knowledge re recent designs and trends w/in relevant field. |
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Stage 4 and 5
Stage 4 - Defences | Most imp stat defences are:
Separately, the D may argue that Cl has not made out its case or that design should never have been reg’d in first place |
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Stage 5 - Remedies | Express provisions at ss.24A-D |
Unregistered Design Right (‘UDR’)
Background |
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Source | Part III CDPA |
Stage 1 - Subsistence and Ownership
What is a design? | S.213(2) provides that design means “the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article’ Nb. Here we are concerned with ‘article’ rather than ‘product’ (RPDA) Doesn’t have to be appealing, can just be functional |
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Criteria for protection |
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Originality | - UDR subsists in ‘original design’ s.213(1)
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Fixation |
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Exclusions |
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Buy the full version of these notes or essay plans and more in our Commercial and IP Notes.
A collection of the best LPC Commercial and IP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of CLIP notes available in the UK this year. This collection of notes is fully updated fo...
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