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 21-02-2008 

Culture Of Copying - 'Almost identical' design infringes copyright

In a decision with particular implications for the building industry, but with ramifications that extend to many others, a court has found that a home building company has infringed another's intellectual property rights in copying its original house design.

The company with the original designs contended that its design plans for a special section comprising a kitchen, meal area, rumpus room and outdoor space under a single roof-line had been copied.

The court agreed that the house plans satisfied the originality requirement for copyright protection.

The judge described the similarity between the original and copied designs as "striking", and "almost identical".

He also noted that the infringing company had "a corporate culture which accepted the copying of competitor's designs".

As well as finding that the company had infringed the original company's designs, the managing director and product development manager of the infringing company were also found personally liable for authorising the conduct.


© 2008 Clark McNamara Lawyers