For design right purposes a design is original if it has not been copied from another. It is not commonplace if, after comparison with other designs produced in evidence there are objectively new factors not present in other designs. Delay alone was not of itself to amount to acquiescence.
Citations:
Times 23-Dec-1998
Statutes:
Copyright Designs and Patents Act 1988
Jurisdiction:
England and Wales
Intellectual Property
Updated: 10 May 2022; Ref: scu.80476
