Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- A Forms and Institutions
- 1 Transitional Provisions in Intellectual Property Legislation
- 2 Judicial Creativity and Transitions in EU Intellectual Property Law
- 3 Before and after Designers Guild: Another Look at Appellate Deference in New Zealand’s Copyright Law
- 4 EU Design Law: Transitioning Towards Coherence? Fifteen Years of National Case Law
- 5 Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective
- B International Commitments and Constraints
- C New Agents and the Challenge of New Technologies
- Part II Coherence
- Conclusion
- Cambridge Intellectual Property and Information Law
3 - Before and after Designers Guild: Another Look at Appellate Deference in New Zealand’s Copyright Law
from A - Forms and Institutions
Published online by Cambridge University Press: 29 December 2020
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- A Forms and Institutions
- 1 Transitional Provisions in Intellectual Property Legislation
- 2 Judicial Creativity and Transitions in EU Intellectual Property Law
- 3 Before and after Designers Guild: Another Look at Appellate Deference in New Zealand’s Copyright Law
- 4 EU Design Law: Transitioning Towards Coherence? Fifteen Years of National Case Law
- 5 Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective
- B International Commitments and Constraints
- C New Agents and the Challenge of New Technologies
- Part II Coherence
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
In Designers Guild Ltd v. Russell Williams (Textiles) Ltd,2 the House of Lords held that the Court of Appeal had erred by assessing anew the decision of the trial judge as to the substantiality of the defendant’s copying of the plaintiff’s fabric and wallpaper designs. As Lord Hoffmann explained, because that decision involved “the application of a not altogether precise legal standard to a combination of features of varying importance,” analysis of substantial copying “falls within the class of case in which an appellate court should not reverse a judge’s decision unless [the judge] has erred in principle.”3 Their Lordships agreed that there had been no such error. The New Zealand Supreme Court endorsed this approach in 2006. Citing Designers Guild, it said: “[I]t is appropriate for appellate Courts to give the trial judge’s assessment the degree of latitude that conventionally applies to appellate review of a discretion.”4
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- Chapter
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- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 46 - 55Publisher: Cambridge University PressPrint publication year: 2021