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

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

  • Remedies for infringement of registered or unregistered design right
  • Design protection in the UK
  • Registered designs
  • Remedies for infringement of registered designs
  • Criminal sanctions
  • Delivery up
  • Innocent infringement
  • UK unregistered design right
  • General IP remedies applied to UK design right
  • Extra remedies specific to UK design right
  • More...

Design protection in the UK

Designs are capable of being protected in a number of ways in the UK. It is essential to bear in mind that these rights are cumulative—more than one may subsist at the same time in a design for the same product or article.

Prior to IP completion day (11 pm GMT on 31 December 2020) there were four design rights available in the UK: UK registered designs, UK unregistered design right (also known as ‘design right’), registered Community designs (RCDs), and unregistered Community designs (UCDs).

RCDs and UCDs are governed by Regulation (EC) 6/2002 and are in force across the entire EU. On IP completion day, the UK ceased to be subject to Regulation (EC) 6/2002, and RCDs and UCDs stopped being protected in the UK. However, the holders of existing RCDs and existing international design registrations protected in the EU automatically became holders of comparable UK registrations, called ‘re-registered designs’ and ‘re-registered international designs’ respectively. Holders of existing UCDs became the holders of ‘continuing unregistered designs’ which provide the benefit of the UK protection conferred by the UCD for the remainder of its three-year term. Further, a new ‘supplementary unregistered design’ became available in the UK which mirrors UCDs by providing UK protection for both three- and two-dimensional designs for a period of three years.

These new design rights are fully independent UK

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