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
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