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Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What type of product are we talking about please?
The issue with copyright is that it is not registered. It is automatically given to the creator of original work, which can include artistic work, such as the design of an item. So if someone has created something unique which can be attributed to them, they would automatically have copyright over it. So you would not be able to check anywhere if they have copyright over it because it would be assigned to them automatically if they can show that they had created something original and unique which can be attributed to them. So if the design is different and no comparisons can really be drawn between the two, it is unlikely that they can claim that you have breached their copyright. Ultimately it is for a court to decide if that is the case and there is of course no guarantee that they will take it that far. If they do, then you will be able to challenge it but then at lest you would know whether legally there was an infringement or not.
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A shape can be subject to copyright if it is unique and considered something which can be distinguished. For example, one source states that copyright can cover a design, which is the appearance of a product, in particular, the shape, texture, colour, materials used, contours and ornamentation. To qualify as a new design, the overall impression should be different from any existing design. But do not worry about the police - this is not a criminal matter, they will not get involved in this. The only thing the other side can do is take you o court to claim for copyright infringement and that is when they must be able to prove that they had a unique design subject to copyright and that you had copied it. Hope this clarifies?
Well the issue as mentioned is that copyright is not registered anywhere so there is no database or source you can check if it applies here or not - it is granted automatically as soon as someone creates something which is original and can be copyrighted. So the lack of anything on that site does not mean they will not have copyright on this product
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