by Estelle Derclaye, University of Notthingham, U.K.
from Volume 3, Issue 2 (Spring 2013)
Abstract: This Article analyses the case law of the courts of England and Wales since the introduction of the UKUDR in August 1989, the implementation of the Design Directive in October 2001, and the coming into force of the Design Regulation in March 2002. To this effect, two tables of the decisions were compiled, one listing the UKUDR decisions and the other, the decisions relating to the UKRDR, the CRDR, and the CUDR. The tables can be found in the appendices at the end of this Article. The tables list the name of the parties, the type of design, the date of the decision, the court and the judge(s) who handed down the decision, and whether or not the decision was reported. The tables do not make a comparison of all aspects of the rights as may have been discussed in the cases, but instead only list whether the design was found valid and/or infringed. The list of cases is complete as of November 1, 2012, to the best of my knowledge, but does not include any unreported cases not included one way or another in the legal databases.