The defendants appealed against a decision that they had infringed the design right of the claimant’s in jewelry.
Held: When looking at an infringement of a design, regard had to be had to the design as a whole. Questions in copyright law about the substantiality of what was copied were not to be applied in this different context of design right infringement. Such difficulties had no part in design right claims.
Lady Justice Arden
Times 04-Oct-2002,  EWCA Civ 1119
Copyright Designs and Patents Act 1988
England and Wales
Updated: 19 March 2021; Ref: scu.177312