55
tended to perform and (ii) any method or principle of
construction.
As was observed in that case (at p, 692
D) -
"The visual
criterion
is, of course,
of cardinal importance not only in de¬
termining whether a design meets the
requirements of the definition, but
also in deciding questions of novelty
and infringement."
The question whether a design is novel and original is
thus a question of fact to be decided by the eye, upon
comparison between the registered design and an alleged
anticipation.
What has to be considered here is a comparison
between Design No 83/0647 and the design of a boat which
differs only in respect of the window structure.
It......
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