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Intellectual Property Law

Intellectual Property Law (6th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 30 September 2023

p. 82430. Design Rightlocked

p. 82430. Design Rightlocked

  • L. Bently,
  • B. Sherman,
  • D. Gangjee
  •  and P. Johnson


This chapter focuses on the unregistered Design Right as a means of protecting designs in the United Kingdom under Part III of the Copyright, Designs and Patents Act 1988. It begins by considering the subsistence of the Design Right, with emphasis on the requirement that there be a ‘design’ and exclusions to design protection by the unregistered design right. The chapter then discusses issues of ownership, duration, and infringement as well as the defences that are available in cases of infringement of unregistered designs.

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