Design disputes—a practical guide
Design disputes—a practical guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Design disputes—a practical guide
  • Managing a design dispute
  • Planning the claim—the claimant’s rights
  • Rights relied on
  • Ownership and right holders
  • Scope
  • Practical tips
  • Planning the claim—demonstrating infringement
  • Acts of infringement and evidence
  • Letter of claim and threats
  • More...

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?

Managing a design dispute

This Practice Note sets out the practical and strategic considerations to be taken into account by practitioners and their clients when bringing a claim for infringement of design rights in the UK, and when defending such a claim and/or counterclaiming for invalidity. It includes key issues for right holders (or claimants) to check when deciding which rights to rely on and the main points to be established when planning an infringement case, including practical tips

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