Remedies for infringement of registered or unregistered design right
Remedies for infringement of registered or unregistered design right

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

  • Remedies for infringement of registered or unregistered design right
  • Design regimes in the UK
  • UK unregistered design right
  • UK registered designs
  • Community designs
  • Additional remedies for registered Community designs
  • Unjustified threats
  • Brexit

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: Brexit—IP rights.

Design regimes in the UK

Several different design rights are available in the UK:

  1. UK registered designs

  2. registered Community designs (RCDs) (in force across entire EU)

  3. unregistered Community designs (in force across entire EU)

  4. UK unregistered design right (also known as 'design right')

The legislation underpinning the various different rights and the remedies which apply differ in each case. A summary of the applicable remedies is set out below.

For an overview of the different rights, see Practice Note: Comparison table for design protection available in the UK.

For a comparison of design rights with other intellectual property (IP) rights, see Practice Note: IP right comparison table.

For more information about the strategic considerations to take into account when running a design dispute, see Practice Note: Design disputes—a practical guide.

UK unregistered design right

General IP remedies applied to UK design right

The legislation governing UK unregistered design right provides that the right owner has all of the usual remedies for IP rights infringement. These include damages