Design right will not subsist in designs which were fixed in a material form before the commencement of Part 3 of the Act. They will remain protected by copyright under the 1956 Act subject to the transitional provisions set out in paragraphs 19 and 20 of schedule 1 to the Act, which provide: (a) Protection is limited to a maximum of 10 years from commencement (1 August 1989), unless under the old copyright law it expires earlier. (b) Licences of right are available for the whole of this period. (c) The spare parts exception expounded by the House of Lords in BL v Armstrong (1986) applies. (b) Originality
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1975 ◽
Vol 14
(2)
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pp. 85-98
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