The design at issue was ‘a blend of efficiency with visual appeal’
Held: To hold that the reference in the relevant designs legislation to a design being ‘capable of being registered’ means registrable as distinct from a design which complies with the criteria to qualify as a ‘design’ within the meaning of the designs legislation, involves the absurdity that a design drawing sufficiently novel to be entitled to registration for the maximum period (fifteen years under the 1906 Act (Cth) (s. 26)) would be excluded from copyright protection, whilst a design drawing lacking novelty would be entitled to copyright protection for the full period of the life of the author plus fifty years.
Whitford J
[1987] FSR 283
Registered Designs Act 1949
England and Wales
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.667562 br>