“any new and original Sculpture, or Model, or Copy, or Cast of the Human Figure or Human Figures, or of any Bust or Busts, or of any Part or Parts of the Human Figure, clothed in Drapery or otherwise, or of any Animal or Animals, or of any Part or Parts of any Animal combined with the Human Figure or otherwise, or of any Subject being Matter of Invention in Sculpture, or of any Alto or Basso-Relievo representing any of the Matters or Things hereinbefore mentioned.”
“‘Design’ means only the features of shape, configuration, pattern, or ornament applied to any article by any industrial process or means, whether manual, mechanical, or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction, or anything which is in substance a mere mechanical ‘device’.”
“Our attention has also been directed to the position of works of sculpture. Prior to 1919, these works had always been excluded from the definition of “design” in the design provisions of the Acts. The Act of 1919 abolished this exclusion, and the decision in the case of Pytram v Models (Leicester) [1930] 1 Ch. Div., p. 639) makes it clear that a work of sculpture intended to be reproduced more than 50 times enjoys no protection unless it is registered under the design provisions. Although questions of artistic copyright do not come within our terms of reference, we wish to express the opinion that there seems to be no sufficient reason to draw a distinction between the sculpture and the painter, writer or composer, and that accordingly works of sculpture should be excluded from the definition of designs registrable under the design provisions.”
“The Secretary of State may by rules provide for excluding from registration under this Act designs for such articles of a primarily literary or artistic character as the Secretary of State thinks fit.”
‘In the New Encyclopaedia Britannica, vol. 16, p.421 there appears an article on ‘Art of sculpture’
“The art of sculpture is the branch of the visual arts that is especially concerned with the creation of expressive form in three dimensions” that sculpture should in some way express in three-dimensional form an idea of the sculptor. It seems to us inappropriate to regard utilitarian objects such as plastic flying discs, manufactured as toys, by an injection moulding process, as items of sculpture for the purposes of the Copyright Act. They lack any expressive form of the creator and any idea which the creator seeks to convey. In the result, we are unable to hold that the final plastic products—the discs— are sculptures in terms of the Act and entitled to copyright protection as sculptures.”
"Subject to the exceptions hereinafter mentioned, the court has no jurisdiction to entertain an action for (1) the determination of the title to, or the right to the possession of, any immovable situate out of England (foreign land); or (2) the recovery of damages for trespass to such immovable."
“The extension of the Moçambique rule to intellectual property cases: the Australian cases.”
"No, notwithstanding that the proceedings fall outside article 16(4) and the English court has jurisdiction to entertain the proceedings by reason of article 2, 5 or 6, the English court must nevertheless decline jurisdiction because the question is non-justiciable."
“he was still working to commission, producing things for which the client had provided clear specifications, and it was implicit in the relationship that he would not retain copyright” (at [187]). Finally, the judge dealt separately with the submission that an implied licence from Mr Ainsworth to Lucas would have sufficed (at [189]). But he rejected that possibility: “it cannot have been the intention of either party that there could be parallel exploitation of the props so that, for example, Mr Ainsworth could make more and sell them to other film-makers. The only thing that makes sense is an obligation to assign copyright.”