Preserving the traditional English approach to originality in UK UDR

Research output: Contribution to journalComment/debatepeer-review

Abstract

The lower-level English courts have been contemplating reframing the first part of the two-step UK UDR originality test to align with CJEU-led developments on copyright originality. This opinion argues that this is wrong in principle and, in light of recent developments on copyright and functionality in Brompton Bicycle in particular, fundamentally misaligned with one of the core tenets of UK UDR, namely that UK UDR can subsist in wholly functional designs.
Original languageEnglish
JournalEuropean Intellectual Property Review
Publication statusAccepted/In press - 24 Mar 2021

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