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Article 85(2) creates a presumption of validity in respect of an unregistered Community design right in an infringement action, provided that the provisions contained within art 11 are met and the holder of the design right can ‘indicate what constitutes the individual character of the design’. Article 11 states that a design right will be valid where the requirements of section 1 (arts 3–9) are met, and the design has been made available to the public within the last three years.
The UK luxury industry is forecast to almost double in size over the next five years to £12.2bn in 2017.