How to Challenge a Registered Design

How to challenge a Registered Design?

You need to establish that it is common place

The test was first formulated in the Farmers Guild case.

Compare the design with the design of other articles in the same field

Has the design simply been copied from an earlier article

If it has not been copied, is it original? The court then needs to consider whether it is commonplace. This requires comparison of the design for similarity with the design for similar articles in the same field of design made by persons unconnected with the parties.

The comparison must be conducted objectively and in the light of the evidence,including experts in the relevant field pointing out the similarities and differences and explaining the importance of them.The closer the similarity of various designs to each other the more likely it is that they are commonplace

If there are aspects of the design in question which are not found to be in any other design in the relevant field, that is indicative that the design is not commonplace.

The test for whether or not it is commonplace has to be judged at the time of the creation of the design and NO later.

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles

How are NFT’s regulated in the UK?

The Financial Conduct Authority (FCA) has not yet provided guidance on NFT’s specifically with regards to regulation in the United Kingdom (UK). However, the FCA

What is an NFT and why create one?

NFT stands for non-fungible token. Non-fungible essentially means the token is unique and cannot be replaced with another. For example, a Bitcoin is fungible, so,