Federal Court of Appeal of Canada –
Held: A ‘design capable of being registered’ did not mean ‘registrable’ but meant only a design which complied with the criteria necessary to qualify as a ‘design’ within the meaning of the Act. To hold the contrary would, it was pointed out, involve the absurdity that a design sufficiently novel to be entitled to registration would be excluded from copyright protection whilst one lacking novelty would be entitled to copyright for the full period of the life of the author plus fifty years.
(1987) FSR 497
Canada
Cited by:
Cited – Interlego AG v Tyco Industries Inc PC 5-May-1988
How much new material for new copyright
(Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.667566
