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them are so important. The desire for a free market in such parts informs the whole of UK design law. That preoccupation has now been translated into the EC arena. In 1991 the Commission published a Green Paper on the legal protection of industrial designs, proposing a harmonising directive to bring the laws of the Member States into line with each other, and a regulation to set up a Community design system. If this sounds familiar, it should, because that is precisely what has happened in the trademarks field. The intervention of the EC resulted in the arguments that had raged in the UK being transferred to Brussels, where the Commission was lobbied to change its proposals before going public with them (the Green Paper had been merely a working document of the services of the Commission, the civil servants, rather than a proposal of the Commissioners themselves). It then moved on to the European Parliament, which debated the proposed directive in October 1995. At the time of writing, the Commission has adopted an amended proposal (OJ [1996] C142/7) but it is stuck in the Council where unanimity is proving impossible to obtain. The EC proposals, though they will be some time in coming into operation, are of considerable interest: they are discussed in this chapter alongside the provisions of our domestic law which in many areas they will eventually replace or modify. COPYRIGHT AND INDUSTRIAL DESIGNS
DOI link for them are so important. The desire for a free market in such parts informs the whole of UK design law. That preoccupation has now been translated into the EC arena. In 1991 the Commission published a Green Paper on the legal protection of industrial designs, proposing a harmonising directive to bring the laws of the Member States into line with each other, and a regulation to set up a Community design system. If this sounds familiar, it should, because that is precisely what has happened in the trademarks field. The intervention of the EC resulted in the arguments that had raged in the UK being transferred to Brussels, where the Commission was lobbied to change its proposals before going public with them (the Green Paper had been merely a working document of the services of the Commission, the civil servants, rather than a proposal of the Commissioners themselves). It then moved on to the European Parliament, which debated the proposed directive in October 1995. At the time of writing, the Commission has adopted an amended proposal (OJ [1996] C142/7) but it is stuck in the Council where unanimity is proving impossible to obtain. The EC proposals, though they will be some time in coming into operation, are of considerable interest: they are discussed in this chapter alongside the provisions of our domestic law which in many areas they will eventually replace or modify. COPYRIGHT AND INDUSTRIAL DESIGNS
them are so important. The desire for a free market in such parts informs the whole of UK design law. That preoccupation has now been translated into the EC arena. In 1991 the Commission published a Green Paper on the legal protection of industrial designs, proposing a harmonising directive to bring the laws of the Member States into line with each other, and a regulation to set up a Community design system. If this sounds familiar, it should, because that is precisely what has happened in the trademarks field. The intervention of the EC resulted in the arguments that had raged in the UK being transferred to Brussels, where the Commission was lobbied to change its proposals before going public with them (the Green Paper had been merely a working document of the services of the Commission, the civil servants, rather than a proposal of the Commissioners themselves). It then moved on to the European Parliament, which debated the proposed directive in October 1995. At the time of writing, the Commission has adopted an amended proposal (OJ [1996] C142/7) but it is stuck in the Council where unanimity is proving impossible to obtain. The EC proposals, though they will be some time in coming into operation, are of considerable interest: they are discussed in this chapter alongside the provisions of our domestic law which in many areas they will eventually replace or modify. COPYRIGHT AND INDUSTRIAL DESIGNS
ABSTRACT
The importance of this appeal to manufacturing industry has been stressed in your Lordships’ speeches and needs no further emphasis from me. British Leyland Motor Corporation Ltd (‘BL’) claim that, through their copyright in the mechanical drawings or blueprints of the exhaust pipe of a Marina motor car, they are able to prevent any other manufacturer from copying the shape of that exhaust pipe without their permission. The validity of this claim depends in the first place upon the true construction of the Copyright Act 1956, under which BL claim copyright.