Concept

Interlego AG v Tyco Industries Inc

Summary
Interlego AG v Tyco Industries Inc ([1989] AC 217, also known informally as the Lego case or the Lego brick case) was a case in copyright law that originated in Hong Kong that eventually went before the Judicial Committee of the Privy Council in the United Kingdom. Action The plaintiff, Interlego AG, sued the defendant, Tyco Industries, for copyright infringement of its Lego bricks. However, it had previously registered its design. Under section 10 of the Copyright Act 1956, the right to protection as a registered design and copyright were not cumulative rights. The copyright was also a stronger right than the right to protection as a registered design. It had a longer duration. Thus the plaintiff also moved for the court to determine that its bricks did not qualify for design protection under section 10 of the Copyright Act, so that they could qualify for copyright protection. To do so, the court had to apply a test to determine whether the bricks comprised a degree o
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