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Volumatic Ltd v Myriad Technologies Ltd: ChD 10 Apr 1995

The court considered whether the protection given by the section extended to part only of a registered design: ‘The question is whether, when these features [must fit and must match] have been subtracted, there is anything left in which unregistered design right could be plausibly claimed. . . Literally construed the Act would allow design right to be claimed in the design of an insignificant part – a mere ‘twiddle’, as it was put in argument. That cannot have been intended. It was accepted by Mr Onslow, who appeared for Volumatic, that to maintain a claim for infringement of the design of part of an article, the part copied must be visually significant.’

Judges:

Sir John Vinelott

Citations:

Unreported, 10 April 1995

Statutes:

Copyright Designs and Patents Act 1988 213(6)

Jurisdiction:

England and Wales

Cited by:

CitedA Fulton Company Limited v Totes Isotoner (UK) Limited CA 4-Nov-2003
The defendants appealed a finding that they had infringed the claimant’s unregistered design rights in collapsible umbrellas. The defendants said the law protected only the design as a whole, and that only part had been copied.
Held: Authority . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 21 June 2022; Ref: scu.188221

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