This is a UK Intellectual Property Law Essay so use UK case laws, UK statutes only and academic authority to support answer to the problem question. Please make sure to follow this structure.
Intellectual Property Law Question:
John is a tree surgeon. One weekend, he visited her parents with his chainsaw to cut down a tree in their garden. At his mother’s suggestion, he fashioned some chairs, tables, and benches out of the trunk of the tree using his chainsaw. John’s parents run a garden centre and teashop and they put the carved furniture on display, where it attracted great interest and the items sold for a high price. Recently, John noticed cast concrete furniture, made by a German company called Maarten BV, on sale at her local garden centre. The Maarten furniture looked very similar to his carved wooden furniture – there were chainsaw marks on the casting just like on John’s furniture. John believes that Maarten furniture was made from casts taken from examples of his carved wooden furniture.
1. What rights does John have in his carved furniture?
2. Against whom can John take any action, and will he be able to take any legal action against Maarten in Germany?
3. What should John do to ensure the best protection?
Structure – must approach it this way.
? Define design rights in Intellectual Property Law
? Consider what rights does John have in his carved furniture?
? Registered Designs which relate to the aesthetic appearance of a product; Unregistered Design Rights protect the internal or external shape of products; finally, Design Copyright protects design documents.
? Consider Section 213(1-3) of the CDPA 1988.
? Consider whether the carvings amount to sculptures or works of artistic craftsmanship, and examine Section 4(1) of the CDPA).
? Against whom can John take any action, and will he be able to take any legal action against Maarten in the Germany?
? Perhaps the garden centre and Maarten BV. If you decide this is possible then consider the requirements under Section 213.
? Look to see whether Lucasfilm Ltd & Ors v Ainsworth & Anor can apply.
? You may also consider whether Article 4(1) of the Regulation on Community Designs) may apply including . Article 3(a).
? Check for time under (Article 11(1)).
? Potential Defence
? See if Section 51 defence, may apply. that the furniture shapes are designs but are not “designs for artistic works”. If not consider whether copying based on the detailed features that are reproduced, are infringing articles (Section 17 of the CDPA).
? Potentially check for secondary infringing acts under Sections 22 and 23 of the CDPA. (see Section 227 of the CDPA).
? You may also consider that the UK design right may apply subject to the test of originality. Farmers Build Ltd. v Carrier Bulk Materials Handling Ltd. [1999] RPC 461 unless the design is a commonplace (Section 213(4).
? What should John do to ensure the best protection?
? He may consider applying for a registered design and consider the (there may be about 3-4) basic requirements for registrability and protection (Section 1).
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