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Gowling WLG | United Kingdom | 27 Jun 2011

Is proving a designer copied your article sufficient to prove unregistered design right infringement?

In determining infringement of an unregistered design right (UDR), it is necessary to determine both whether the allegedly infringing article is "exactly or substantially" the same as the UDR; and whether it is so because it was copied from the UDR.

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