B e f o r e :
| SATCO PLASTICS LIMITED
|SUPER PACK LIMITED
|WING HONG AND COMPANY LIMITED
Hearing date: 23 May 2013
Crown Copyright ©
213.— Design right.
(1) Design right is a property right which subsists in accordance with this Part in an original design.
(2) In this Part "design" means the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article.
(3) Design right does not subsist in—(a) a method or principle of construction,(b) features of shape or configuration of an article which—(i) enable the article to be connected to, or placed in, around or against, another article so that either article may perform its function, or(ii) are dependent upon the appearance of another article of which the article is intended by the designer to form an integral part, or(c) surface decoration.
(4) A design is not "original" for the purposes of this Part if it is commonplace in the design field in question at the time of its creation.
226.— Primary infringement of design right.
(1) The owner of design right in a design has the exclusive right to reproduce the design for commercial purposes—(a) by making articles to that design, or...
(2) Reproduction of a design by making articles to the design means copying the design so as to produce articles exactly or substantially to that design, and references in this Part to making articles to a design shall be construed accordingly.
(3) Design right is infringed by a person who without the licence of the design right owner does, or authorises another to do, anything which by virtue of this section is the exclusive right of the design right owner.
227.— Secondary infringement: importing or dealing with infringing article.
(1) Design right is infringed by a person who, without the licence of the design right owner—(a) imports into the United Kingdom for commercial purposes, or...
an article which is, and which he knows or has reason to believe is, an infringing article.
228.— Meaning of "infringing article".
(1) In this Part "infringing article", in relation to a design, shall be construed in accordance with this section.
(2) An article is an infringing article if its making to that design was an infringement of design right in the design.
(3) An article is also an infringing article if—(a) it has been or is proposed to be imported into the United Kingdom, and(b) its making to that design in the United Kingdom would have been an infringement of design right in the design or a breach of an exclusive licence agreement relating to the design.
255.— Countries to which this Part extends.
(1) This Part extends to England and Wales, Scotland and Northern Ireland.
(2) Her Majesty may by Order in Council direct that this Part shall extend, subject to such exceptions and modifications as may be specified in the Order, to—(a) any of the Channel Islands,(b) the Isle of Man, or(c) any colony.