61 traders.' There must be, not a mere novelty of outline, but a substantial novelty in the Design having regard to the nature of the article. Lord Justice FRY said:- 'It has been suggested by Mr Swinfen Eady that unless a Design precisely similar, and in fact identical, has been used or been in existence prior to the Act' - prior to the date of registration I think it ought to be ' the Design will be novel or original. Such a conclusion would be a very se¬ rious and alarming one, when it is borne in mind that the Act may be applied to every possible thing which is the sub¬ ject of human industry, and not only to articles made by manufacturers, but to those made by families for their own use. It appears to me that such a mode of interpreting the Act would be highly unreasonable, and that the meaning of the words "novel or original" is this, that the Design must either be substan¬ tially novel or substantially original, having

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents