Registered Design and Legislation considered:
Registered Designs Act 1949, ss. 1(2), 1(4). )
Registered Designs Rules 1995, rr. 25, 53
What novelty means?
Does it make any differnece if the figure is a famous figure?
If you consider a design lacks novelty you would file an application for cancellation under Section 11(2) of the Registered Design Act 1949 (as amended), on the grounds that the design lacks novelty under Section 1(2) of the Act
Section 1(2) of the Registered Designs Act 1949, as amended, provides:
“A design which is new may, upon application by the person claiming to be the proprietor, be registered under this Act in respect of any article, or set of articles, specified in the application.”
Section 1(4) of the Act goes on to say that a design shall not be regarded as new for the purposes of this Act if it is the same as the design registered in respect of the same or any other article in pursuance of a prior application, or published in the United Kingdom in respect of the same or any other article before the date of application, or if it differs from such a design only in immaterial details or in features which are variants commonly used in the trade.
Does it matter if the person is famous?
Rule 25 of the Registered Designs Rules 1995 states:
“Where the name or portrait of a living person appears on a design, the registrar shall be furnished, if he so requires, with consent from such person before proceeding to register the design and, in the case of a person recently dead, the Registrar may call for consent from his personal representative before proceeding with the registration of a design on which the name or portrait of the deceased person appears.”