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The essential differences to UK and EU design right

Written by Michael Coyle on 15 March 2009

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UKUDR and CUDR - The differences

The criteria for the subsistence of a UKUDR are not equivalent to those of a CUDR. Subsistence is more narrowly defined for UKUDR, depending on whether the design is both new and has individual character. Copying on the other hand is the essential starting point to both causes of action. Article 4 requires that the design shall be new and have individual character. The approach to the subsistence of CUDR is thus different to that of UKUDR since it requires the identification of relevant prior art as a first step.

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