The unregistered design right introduced into British law by the Copyright Designs and Patent Act 1988 (see our Information Letter N.S. 173) provides qualified designers with protection against copying of their designs even if these do not reach the aesthetic standards required for protection by way of registered designs. In order to secure protection as an unregistered design, however, it is necessary that the design in question is not "commonplace". In the case of Farmers Build Limited v. Carrier Bulk Materials Handling Limited, the Court of Appeal has provided a test so as to determine whether this requirement has been met. According to this test, one should check that the design was not copied from an earlier article and make an objective determination of how many similar designs exist. A large number of very similar designs is evidence of the design being commonplace. Aspects of the design found only in the alleged infringement and the design right in respect of which infringement is alleged will be evidence that the design is not commonplace even though it might not be strictly "novel" as would be required by the Registered Design Act.