Albert Packaging Ltd v Nampak Cartons & Healthcare Ltd
| Jurisdiction | England & Wales |
| Neutral Citation | [2011] EWPCC 15 |
| Year | 2011 |
| Date | 2011 |
| Court | Patents County Court |
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4 cases
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Kohler Mira Ltd v Bristan Group Ltd
...question at the time of its creation. 67 I attempted to summarise some aspects of the law relating to s213 in Albert Packaging v Nampak [2011] EWPCC 15 and the Court of Appeal (Lord Neuberger MR) dismissed an application for permission to appeal from that judgment at [2012] EWCA Civ 143. ......
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Utopia Tableware Ltd v BBP Marketing Ltd and Another
...v Magnet [2002] FSR 10 at [32], and Lambretta v Teddy Smith [2005] RPC 6. All of these cases were reviewed by HHJ Birss QC in Albert Packaging v Nampak [2011] FSR at [27]-[31] and I shall apply the principles set out therein. Analysis 58 The first issue to decide is the identification of ......
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Sealed Air Ltd v Sharp Interpack Ltd and Another
...in question at the time of its creation. 80 Ms Edwards-Stuart referred to my summary of some aspects of the law relating to s213 in Albert Packaging v Nampak [2011] EWPCC 15 (the Court of Appeal (Lord Neuberger MR) dismissed an application for permission to appeal from that judgment at [20......
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Neptune (Europe) Ltd v Devol Kitchens Ltd
...Machinery [2008] EWHC 989 (Pat) at [79] per Mann J. The point was succinctly expressed by HHJ Birss (as he then was) in Albert Packaging v Nampak Cartons & Healthcare Ltd [2011] EWPCC 15; 2011 FSR 32 at [18]: "Mr Delaney submitted that although designs that serve purely functional purposes ......
3 firm's commentaries
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IP Bulletin - Summer 2011
...DESIGNS Patents County Court – unregistered design right Albert Packaging Ltd and others v Nampak Cartons & Healthcare Ltd, [2011] EWPCC 15, HHJ Birss QC, 2 June The Patents County Court has held that the claimants had design right in the shape of their carton, but that it had not been ......
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European IP Bulletin, Issue 82, July 2011
...the Creative Process is Key to Overcoming an Inference of Copying In Albert Packaging Ltd and others v Nampak Cartons and Healthcare ltd [2011] EWPCC 15, although there was an inference that the Claimants' unregistered design had been a consideration in the Defendant's creative process, the......
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IP Snapshot June 2011
...to these definitions. For our Law Now of the decision, click here Albert Packaging Ltd and others v Nampak Cartons & Healthcare Ltd [2011] EWPCC 15, 2 June This was an action for infringement of unregistered design right (UDR). The Patents County Court found that UDR subsisted in the Cl......