Intellectual Property: Design - Spare Parts
In Dyson Ltd v Qualtex [2004], Dyson brought proceedings against the defendant, Qualtex, a manufacturer of vacuum cleaner spare parts, alleging infringement of its unregistered design rights in various spare parts comprising different products. Unregistered design rights are unregistrable intellectual property rights that arise automatically by the operation of law and protect the owners of original designs from, amongst other things, unauthorised copying. The existence of such rights is subject to certain exceptions. Under the Copyright, Designs and Patents Act 1988, design rights do not subsist in: Construction methods or principles of construction;
Features of shape or configuration which enable the article to be connected to or fit with another article so that either article may perform its function (known as the "must fit" exclusion);
Features of shape or configuration which are dependent upon the appearance of another article of which the article in question is intended by the designer to form an integral part (known as the "must match" exclusion); or
Surface decorations.
Qualtex admitted copying the designs, but claimed it was entitled to do so for the following reasons: Many of the designs were copied from Dyson's earlier designs and were thus unoriginal;
The "must fit" exception applied to large parts of the designs;
The "must match" exception applied to significant parts of the designs;
Parts of the designs which were not otherwise excluded were commonplace;
Some aspects were surface decoration; and
The dates of pre-production orders accepted on the basis of prototypes of the vacuum cleaners should form the start date in calculating the period of design right protection.
The Court ruled that: Although some of the designs had been based on Dyson's prior designs, they were original; The must match exclusion only applies if an alteration in the shape of the relevant design aspect would make the overall article radically different in appearance; Any means of achieving a fit or connection between two articles will be excluded from unregistered design rights, even though other designs might achieve the same effect, and that an interface will be excluded from unregistered design rights, protection even if it has an additional function other than achieving a fit or connection between two articles;
"Commonplace" was not to be confused with lack of novelty; and
The distinction between surface decoration and the overall shape and configuration of a product may be a matter of fact and impression, or a value judgement. Comment: Many spare parts manufacturers supply copies of parts for complex products in the belief that the 'must fit' and 'must match' exceptions to unregistered design rights will protect them from litigation. As this judgment shows, this can no longer be taken for granted. Manufacturers of spare parts may have to adapt their operations substantially to avoid legal challenges based on the findings in this recent case. If you require further information contact us. Email: enquiries@rtcoopers.com © RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances. Full service commercial law firm based in the City of London specialising in Biotechnology Law, Employment Lawyers, Media lawyers, Entertainment Solicitors, Pharmaceutical Lawyers, Intellectual Property Law, Litigation, Corporate Finance, Copyright, Redundancies, Commercial Lawyers, Commercial Law, Commercial Contracts, Data Protection, property lawyers. Contact us at enquiries@rtcoopers.com. Visit our website at http://www.rtcoopers.com
|
|
 |
 |
|
Aftermarket car parts - what you can get
The choice and size of cars bought by people depends upon their requirements. Contingent upon how it will be used it could be a sedan, wagon, coupe, sports car, or a sport utility vehicle. They will have also to take into account how much can they spend on it. After acquiring a car of their choice the car owners go in for the aftermarket products. Here they have more freedom and flexibility. Actually the car lovers treat it as an opportunity to adorn their car and impart to it their personal touch. It is not that the aftermarket products are only cosmetic items. They have their uses as well. They contribute to overall performance, safety, and utility of the vehicle.
Why one should buy Japanese Car Parts online
Nissans, Toyotas and Subarus have been proven some of the most reliable cars on the road. Combined with their thriftiness at the gas pump, it's no wonder that Nissan, Toyota and Subaru owners want to keep their vehicles in topnotch shape these days. Fortunately, General Japanese Spares can help with its wide inventory of Nissan car parts and Toyota car parts.
Care Your Automobiles - They'll Serve You Better
People love their vehicles and care for them as much as they care for themselves. It's true that not only for rally lovers, but for a common man too their automobiles are very important just like a real friend. They need to take care of their automobiles in order to keep the relation longer than general.
Avail All Kinds of Nissan and Toyota Parts With General Japanese Spares
For the people who are fond of cars the brands like Nissan and Toyota are not new names.
Can You Put Race Car Parts On Your Personal Car?
Many people love the power and speed that comes from putting race car parts on their cars. Race car parts can include racing tires, racing pedals, racing transmissions, racing engines, racing chassis and much more. You can of course put as many race car parts on your car as your bank account can handle. Just make sure that what you are doing is legal in your state, make sure you drive safely, even though you now technically have a race car, and make sure that you shop around to find the best prices on your race car parts.
Information regarding Nissan and Nissan Auto Parts
Everyone knows Nissan. Relatively, everybody knows about Nissan cars and car parts, as such have been proven, time and again, to be the best in quality and this is extensively reflected in the sales output. Established in 1933, Nissan Car Parts have improved through the years. With their leading attitude "Love car, love people, love life", Nissan only endeavor to satisfy their customers and make them experience eventual riding pleasure because of their top quality parts.
FrugalMechanic.com Adds Coupons for Car Parts
FrugalMechanic.com, the web’s leading shopping comparison website for auto parts, today announced the addition of money-saving coupons from many popular retailers, giving consumers even more ways to save on auto parts.
Auto Parts Wholesale – To Give Better Services & More Exciting Best Deals
The most experienced team in the auto parts business, Auto Parts Wholesale is here to give you the best deals ever. Apart from this, more auto parts, better online store and improved services are also waiting for you online!
Why to use Japanese Car Parts
It is considered that the safety of your car is a main concern when it is used regularly. It is a fact that routine check ups of your car can keep you conversant about the deterioration of the car parts. When the car parts are damaged and needed to be repaired, they require to be changed. No matter, whether you use your car more or less, it becomes the abrasion of mechanical parts, sooner or later. If your car is not running smoothly and you have already spent a lot over its maintenance, then don't spend more only change your car parts with Japanese car parts and all the maintenance related problems will be solved automatically.
High Quality Parts for Japanese Cars at General Japanese Spares
Choose high quality and durable replacement parts for your Japanese cars. Replacement parts are available for your air intake system, body electrical, body mechanical and trim, body sheet metal, brakes, climate control, clutch, cooling system, diesel injection, drive belts, drive shafts and axle, engine electrical, engine parts, exhaust, fuel delivery, steering, suspension, tools and hardware, transmission. Replacement parts keep your Japanese car running and looking great, these parts will surely make it more stylish, more fun to drive, more comfortable and convenient, and more high-tech.
|
 |
|
