The Scope of Registered Design Protection Following Magmatic v PMS International

摘要

This article considers infringement of registered designs following the Court of Appeal's decision in Magmatic Ltd v PMS International Ltd, which was handed down in 2014. Magmatic follows a line of cases-Procter & Gamble Co v Reckitt Benckiser (UK) Ltd, Samsung Electronics (UK) Ltd v Apple Inc, and Dyson Ltd v Vax Ltd-in which owners of registered designs have lost before the Court of Appeal on the basis of the "overall impression" test. The court's findings in Magmatic in respect of colour contrasts and surface decoration have potentially further narrowed the scope of registered design protection.