Design defences
Produced in partnership with RPC
Design defences

The following IP practice note produced in partnership with RPC provides comprehensive and up to date legal information covering:

  • Design defences
  • Defences available in registered design infringement actions
  • Defences available in unregistered design infringement actions

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: What does IP completion day mean for intellectual property?

There are four key design rights in the UK:

  1. UK registered design

  2. UK unregistered design

  3. Community registered design

  4. Community unregistered design

For further information about the nature and subsistence of these four rights, see Practice Notes: UK registered and unregistered designs and Community (EU) designs.

UK and Community registered designs are governed by the Registered Designs Act 1949 (RDA 1949) and the Community Design Regulation (CDR) respectively. UK and Community registered designs both protect, for up to 25 years, the

Popular documents