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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3670
Experience:  Solicitors 2 years plus PQE
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Hi, I am into a rugs business. I have them manufactured in

Customer Question

Hi,
I am into a rugs business. I have them manufactured in south asia and sell in UK. I want to know whether a design I am selling is a copyright of some other company. How can I find it out? What if the copyright exists in other countries?
Submitted: 4 years ago.
Category: Law
Expert:  Alex J. replied 4 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

Copyright in England is the only Intellectual Property right that is NOT registrable.

There is a concept of registered design and if the pattern is subject to a registered design then it will have an RD Number and be registered at the IPO.

Because copyright cannot be registered it makes it irrelevant where in the world it was produced. The base position is the creator of an original work is the owner of that copyright. If they can prove they created it and it is original they can enforce their right in the UK.

Do the patterns simply look the same?

Kind regards

AJ
Customer: replied 4 years ago.

Thanks for the information. To answer your question, I have this issue with one of my design. The designs are not exactly same but the difference is noticeable only if looked carefully. Shall I go ahead with production in this case?


 


And as a part of the same question - if we like a design that is created by some other company, can we change it to a level so that it can be differentiated from the original design and save ourselves from the copyright issue?


 


What is included in a design copyright - if I change the color of the rug, would it be considered a copyright infringement?


 


Thanks


Manish


 


 

Expert:  Alex J. replied 4 years ago.
Hi

Thank you.

I am afraid I cannot tell you for certain whether you have infringed their copyright.

What I can tell you is the test is qualitative not quantitive. Therefore it doesn't matter how much you copy it is whether you have copied the original part of the design.

Also infringement is a civil action so it will be their prerogative if they start a dispute with you or not.

I look forward to hearing from you.

Kind regards

AJ