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§ 191. “Designs.”

In manufacture, design implies the novel and attractive figures, plans, or outlines which the workman copies, either from his own drawings or from artistic sketches supplied, and imprints for the purpose of enrichment into the stuff, silk, and other materials which constitute the manufactured article. The first English Act relating to this subject was 27 Geo. III. c. 38, passed in 1787. This was followed subsequently by the Act 5 and 6 Vic. c. 100 (1842), amended by 21 and 22 Vic. c. 70 (1858). By the Act of 1842 all articles of manufacture, and substances on which designs are executed, are divided into thirteen classes; for some of which the copyright of the design was fixed at three years, for others nine months, and for the others twelve months.

The Patents Designs and Trade Marks Act of 1883 (46 and 47 Vic. c. 57), amended and consolidated the English statute law relating to designs. That Act has been slightly altered by the Patents Designs and Trade Marks Act of 1886 (49 and 50 Vic. c. 37), and 1888 (51 and 52 Vic. c. 50), and by the Designs Rules of 1890 and 1891. The Consolidated Act of 1883 defines the term design as any design applicable to any article of manufacture, or to any substance, artificial or natural, or partly artificial and partly natural, whether the design is applicable for the pattern, or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means it is applicable, whether of printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any other means whatever, manual, mechanical or chemical, separate or combined, not being a design for a sculpture or other things within the protection of the Sculpture Copyright Act of the year 1814. According to this definition there are only a few special classes of designs within the protection of the Act, viz.: those applicable to the pattern, shape, or ornamentation of manufactured articles. (Per Lord Herschell in Hecla Foundry Co. v. Walker [1889] 14 App. Ca. 550; and per Lindley, L.J, in re Clarke's Design [1896] 2 Ch. at p. 43.)

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