Common Design in UK Law

Leading Cases
  • C.B.S. Songs Ltd v Amstrad Consumer Electronics Plc
    • House of Lords
    • 12 May 1988

    My Lords, joint infringers are two or more persons who act in concert with one another pursuant to a common design in the infringement. Amstrad sold a machine and the purchaser or the operator of the machine decided the purpose for which the machine should from time to time be used. The machine was capable of being used for lawful or unlawful purposes.

    My Lords, I accept that a defendant who procures a breach of copyright is liable jointly and severally with the infringer for the damages suffered by the plaintiff as a result of the infringement. The defendant is a joint infringer; he intends and procures and shares a common design that infringement shall take place. A defendant may procure an infringement by inducement, incitement or persuasion.

  • Sea Shepherd UK v Fish & Fish Ltd
    • Supreme Court
    • 04 Mar 2015

    To establish accessory liability in tort it is not enough to show that D did acts which facilitated P's commission of the tort. D will be jointly liable with P if they combined to do or secure the doing of acts which constituted a tort. D must have acted in a way which furthered the commission of the tort by P; and D must have done so in pursuance of a common design to do or secure the doing of the acts which constituted the tort.

  • Vestergaard Frandsen A/S (now called MVF 3 ApS) and Others v Bestnet Europe Ltd and Others
    • Supreme Court
    • 22 May 2013

    As Lord Sumption pointed out in argument, in order for a defendant to be party to a common design, she must share with the other party, or parties, to the design, each of the features of the design which make it wrongful. If, and only if, all those features are shared, the fact that some parties to the common design did only some of the relevant acts, while others did only some other relevant acts, will not stop them all from being jointly liable.

  • Sabaf SpA v MFI Furniture Centres Ltd
    • Court of Appeal (Civil Division)
    • 11 Jul 2002

    The underlying concept for joint tortfeasance must be that the joint tortfeasor has been so involved in the commission of the tort as to make himself liable for the tort. Unless he has made the infringing act his own, he has not himself committed the tort. If there is a common design or concerted action or otherwise a combination to secure the doing of the infringing acts, then each of the combiners has made the act his own and will be liable.

  • R v Anderson; R v Morris
    • Court of Criminal Appeal
    • 02 May 1966

    It seems to this Court that to say that adventurers are guilty of manslaughter when one of them has departed completely from the concerted action of the common design and has suddenly formed an intent to kill and has used a weapon and acted in a way which no party to that common design could suspect is something which would revolt the conscience of people today.

  • Generale Bank Nederland NV (formerly Credit Lyonnais Bank Nederland NV) v Export Credits Guarantee Department
    • Court of Appeal (Civil Division)
    • 23 Jul 1997

    Be that as it may, it seems to me to be well established that a person who acts with another to commit a tort in furtherance of a common design will be liable as a joint tortfeasor. It is not enough that he merely facilitates the commission of the tort unless his assistance is given in pursuance and furtherance of the common design.

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Legislation
  • Patents, Designs, and Trade Marks Act 1883
    • UK Non-devolved
    • 1 de Enero de 1883
    ...... . B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: . I . Preliminary.   PART I. . Preliminary. . S-1 . Short ......
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... 5thFebruary2015 . . The Minister for the Cabinet Office is designated for the purposes of section 2(2) of the European Communities Act 1972(  1 ... "the Commission" means the European Commission; . "common technical specification" means a technical specification in the field of ......
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ...... e it enacted. by the Queen's most Excellent. Majesty, by and with the advice and consent of the. Lords Spiritual and Temporal, and Commons, in this. present Parliament assembled, and by the authority of the. same, as follows:— I . Copyright Part I . Copyright . Chapter I . ......
  • The Public Contracts Regulations 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... Coming into force 31th January 2006 . . The Treasury, being designated 1 for the purposes of section 2(2) of the European Communities Act 1972 2 ... “Common Procurement Vocabulary” means the reference nomenclature applicable to ......
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Books & Journal Articles
  • ‘Best Fit’ in the Design of Organizations
    • Núm. 4-1, Enero 1975
    • Personnel Review
    • 15-31
    It is useful to distinguish, very broadly, three contrasting approaches to organizational design. The first of these argues, straightforwardly and persuasively, that to design for organizational ef...
    ...... continues, individuals are similar with respect to the factors that blunt or sharpen their commitment, then it should be possible to produce a common design procedure for all organizations. I refer to this approach as the 'human relations' approach. The second approach, which I refer to as the ......
  • Developing a common user interface for information searching
    • Núm. 13-4, Abril 1995
    • The Electronic Library
    • 283-286
    This paper reviews the debate over a Common User interface design across various hardware platforms and operating systems, for both CDROM and online searching of bibliographic and full‐text databas...
    ...... Director, Technical Product Management, Ovid Technologies, New York Abstract: This paper reviews the debate over a Common User interface design across various hardware platforms and operating systems, for both CDROM and online searching of bibliographic and full-text databases. The ......
  • A practical guide for human lab experiments in information systems research. A tutorial with Brownie
    • Núm. 19-3/4, Agosto 2017
    • Journal of Systems and Information Technology
    • 228-256
    Purpose: Human lab experiments have become an established method in information systems research for investigating user behavior, perception and even neurophysiology. The purpose of this paper is t...
    ...... lab experiments inthe freely availableexperimental platform Brownie.Design"/methodology/approach –Laying the groundwork of the tutorial, the paper \xEF\xAC"common design considerations for lab experiments and a generic session ......
  • Does formal strategic planning matter? An analysis of strategic management and perceived usefulness in Norwegian municipalities
    • Núm. 87-2, Junio 2021
    • International Review of Administrative Sciences
    This article assesses whether municipal managers perceive strategic planning as most useful when integrated into mandatory area or financial-planning processes or conducted in processes with separa...
    ...... for providing advice for policymakers and public managers on such common design choices. Multiple regression analysis of 128 Norwegian ......
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Law Firm Commentaries
  • IP Alert: NEW RULES ON THE SCOPE OF PROTECTION FOR BLACK & WHITE TRADE MARKS IN THE EU: BLACK & WHITE OR CLEAR AS MUD?
    • LexBlog United Kingdom
    On 15 April 2014, the European Trade Mark and Design Network published a Common Communication on the Common Practice of the Scope of Protection of Black and White (“B&W”) Marks (the “Communicat...
    ...On 15 April 2014, the European Trade Mark and Design Network published a Common Communication on the Common Practice of the ......
  • The protection of brands in Europe using a Community Registered Design – Trunki v Kiddee
    • LexBlog United Kingdom
    “Copycat” branding — where a lesser known brand mimics the appearance or design of a more successful or well-known brand — is becoming more common. Copycat products will often undercut the better k...
    ......” branding — where a lesser known brand mimics the appearance or design of a more successful or well-known brand — is becoming more common. Copycat products will often undercut the better known brand on pricing, in order to attempt to access a piece of the market captured by that brand. ......
  • BIM before the English Courts
    • JD Supra United Kingdom
    In a judgment released in August 2017, the UK High Court granted an interim injunction requiring a Building Information Modelling ("BIM") coordinator to provide access to a common data en...
    ...... Information Modelling ("BIM") coordinator to provide access to a common data environment. BIM is increasingly popular on construction projects as a process to improve efficiency, management, and design integration. A key element of BIM systems is that various disciplines can ......
  • UK Supreme Court Reaffirms Law On Accessory Liability In Tort
    • Mondaq UK
    ...... accessory liability for joint tortfeasors under the doctrine of "common design" in a successful appeal by Sea Shepherd UK, represented by Michelle ......
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