122653
| Questão | Responda |
| Different to RDR because | DOESN'T protect surface dec Design must be ORIGINAL (not 'new') No 'technical function' exclusion PROTECTS hidden inner workings |
| Original | author's own work - not commonplace --> to decide, ascertain the degree of similarity to design of similar, independent articles in the same design field |
| fixation | design must be recorded in a document or in an article |
| effect of no monopoly | if 3rd party comes up with same unreg design independently - wont' have infringed. C must prove D ACTUALLY COPIED |
| Design | Design of any aspect of shape/configuration of whole/part |
| Criteria | Originality Farmers Build case - ascertaining the degree of similarity + must not be TRITE Fixation |
| Exclusions | method/principle of construction particular technique must fit must match NO SURFACE DECO |
| Ownership | Designer Duration - 15 years from end of calendar yr design 1st ever recorded |
| Farmers' Build approach | 1. Identify the DESIGN 2. Identify ORIGINALITY 3. Establish 'not COMMONPLACE in the DESIGN FIELD in question AT TIME OF CREATION' |
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