Standard for ‘multiple configurations’ articulated in UK design infringement row
By Abhishek Kumar and Melissa Ritti ( December 2, 2024, 16:33 GMT | Insight) -- A UK court last week found Ultimate Tools’ prototype for a locksmith’s tool did not infringe a previously registered design but only because the prototype was not sold or used commercially. Along the way, High Court Judge Richard Hacon addressed a novel question for UK law: whether a design capable of multiple configurations still infringes when it is configured in a way that produces a different overall impression than the original. He turned to an EU treatise and Dutch ruling from 2011 for guidance.Manufacturers cannot avoid infringing design rights solely by making products capable of configuration in non-infringing ways, a UK High Court judge held on Thursday....
Prepare for tomorrow’s regulatory change, today
MLex identifies risk to business wherever it emerges, with specialist reporters across the globe providing exclusive news and deep-dive analysis on the proposals, probes, enforcement actions and rulings that matter to your organization and clients, now and in the longer term.
Know what others in the room don’t, with features including:
- Daily newsletters for Antitrust, M&A, Trade, Data Privacy & Security, Technology, AI and more
- Custom alerts on specific filters including geographies, industries, topics and companies to suit your practice needs
- Predictive analysis from expert journalists across North America, the UK and Europe, Latin America and Asia-Pacific
- Curated case files bringing together news, analysis and source documents in a single timeline
Experience MLex today with a 14-day free trial.