Flashing Badge Co Ltd v Groves: A Step Forward in the Clarification of the Copyright/Design Interface

摘要

Although s.51 of the Copyright, Design and Patents Act 1988 (CDPA) was meant to clarify the respective scope of copyright and unregistered design right (UDR), as Professor Cornish said early on, "a degree of uncertainty infects the penumbra of section 51, as can be seen if each of its requirements are further examined". Does this statement still hold true after Flashing Badge Co Ltd v Groves,the most recent case reinterpreting s.51 after the confusing decision of the Court of Appeal in Lambretta Clothing Co Ltd v Teddy Smith (UK) Ltd?