Registered and unregistered design right infringement
Registered and unregistered design right infringement

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

  • Registered and unregistered design right infringement
  • UK unregistered design right
  • Primary infringement
  • Secondary infringement
  • Exclusions from infringement
  • Innocent infringement
  • Joint infringement
  • Criminal sanctions
  • Deciding whether infringement has occurred
  • Threats provisions
  • 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?

This Practice Note covers the legislative framework, as well as case law, relating to infringement of registered and unregistered designs. For subsistence of design rights, see Practice Notes: UK registered and unregistered designs and Community (EU) designs.

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?

Designs law can be complicated to apply to particular facts because there are overlaps between the various different design regimes which apply in the UK, so it is possible for one product to be covered by more than one type of design

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