What happens when a particular knife is no longer in production or is made of a material that one is not interested in, yet he is interested in that form of design in a preferred/different material?
Also, what happens if a certain design is not as large or as small as the one someone would like? And what happens if a certain knife has a handle shape that someone wishes to incorporate into a different blade they have in mind?
If one goes and makes any such knife, would that be deemed as a form of theft by anyone?
Furthermore, who is it that defines a theft that has not been established as such in law? What are they doing in reality?
I mean; someone could steal some food and not get caught, but if there was any form of bona fide proof to their action brought forward at a later date, and it is brought before a court, then any such person would be charged with theft. The accusation or claim then becomes a fact, and not before. So whether a true act of theft is witnessed during its occurrence or otherwise, gives no man the right to claim it as such until such times as the matter has been properly adjudicated before the law. It stems from the axiom that one is innocent till proven guilty.
My concern in all this is WHY there has not been any charges brought against any of the aforementioned alleged thieving parties? And given none have, then any accusation is in fact slander against any such party, if that party wishes to pursue it and prove it in law.
So who is committing the worst offense?
I have already addressed this matter with certain litigation lawyers and barristers who know me well, and they all advised that it would be almost impossible to prove that any knife is intellectual property of any form given that most all designs have been made in their basic form dating back centuries if not millennia. The only thing they feel which can be compelled in law is, (a) copying of brand name, and (b) a new form of locking mechanism which can be proven to be different in its fundamental principle of operation, and that, by at least 3 independent and impartial renowned mechanical design engineers which are approved by an adjudicating court or Court. The former may have to deal with the matter as certain forms of slander can be classified and deemed as a criminal offense, therefore the plaintiff in such matter may choose to have the matter dealt with before a court of original jurisdiction, an organic court, not a commercial Court, because they may be seeking incarceration of the alleged for harm caused, not just injury.
So the shape of a blade and its handle is out of the question in law, and if it's out of the question in law, then any form of "deemed" copying is not [copying].
Have a nice day.
