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However, Hall notes that the ECJ refused to be drawn into a discussion on the use of the terms ‘design corpus’ and ‘in comparison with other designs’ in the recitals of the Community Design Regulation, observing that the recitals have no binding legal force and cannot be relied on either as a ground for derogating from the actual provisions of the act in question or for interpreting those provisions in a manner clearly contrary to their wording. According to Hall, “even the notion of an indirect comparison based on imperfect recollection did not persuade the court that a different analysis was required, holding that this is not based on a recollection of specific features from several different earlier designs but of specific designs”.
The 32-year-old said: 'There has been so much uproar with the fashion industry not representing 'real' women I thought idiocies like this had been abolished.
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