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Designs Act can be unfair or unlawful.
If that would be the main question the answer would be
clear.
Anyone may ordinary make anything produced by
another which is in the public domain:
One may freely and
exactly copy it without his leave and without payment of
compensation.
So, In Steers v Rogers 10 RPC 245 (H.L.),
where LORD HERSCHELL LC, having said (at p 251) that a patent
does not confer upon the patentee a right to manufacture
according to his invention, continued:
"That is a right which he would equally
effectually have if there were no Let¬
ters Patent at all - only in that case
all the world would equally have the
right.
What the Letters Patent con¬
fer is the right to exclude others from
manufacturing in a particular way. and
from using a particular invention."
See.....
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