Introduction This document contains quick links to the Precedents relevant to design infringement. These include a letter of claim and the main statements of case to start and then run design infringement proceedings. Precedents Cease and desist letter—IP infringement See Precedent: Cease and desist letter—IP infringement. This Precedent is a short-form cease and desist letter, sent as a first step in a dispute relating to the infringement of IP rights. It is broadly drafted so that it can be used in relation to the infringement of any of the key IP rights and it is intended to be used in circumstances where the right holder hopes to resolve the matter swiftly, without recourse to further action. This Precedent is not intended to act as a formal ‘letter of claim’. It is a more informal letter which does not include proposed undertakings and which aims to encourage co-operation from the recipient. Examples of the types of scenario where an informal cease and desist letter might be appropriate include low-level acts of infringement by individuals or small businesses on social

The legal responsibility for all or part of the design of a project.

If a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part of the design of a construction/engineering project. Typically on a construction project, several consultants, and often the contractor and some of its sub-contractors, will be involved in producing and developing the design and will have ‘design liability’. Parties with design liability may, however, be required to exercise different standards of care in relation to the design—some may be subject to an absolute obligation to ensure the completed design is fit for purpose, whereas others may merely be required to exercise reasonable skill and care. Responsibility for design is allocated in different ways depending on the procurement route selected and the parties may also expressly modify the standard of care required in relation to design in the building contract and consultant appointments. This Practice Note looks at the issues surrounding design and standards of care in what can be a contentious area between the employer and the construction/design team. This Practice Note focuses on the relationship

This Licence is made on [insert date] Parties 1 [insert licensor name] a company incorporated in [England and Wales] under number [insert company number], whose registered office is at [insert registered office] (the Licensor); and 2 [insert licensee name] a company incorporated in [England and Wales] under number [insert company number], whose registered office is at [insert registered office] (the Licensee), (each of the Licensor and the Licensee being a party and together the Licensor and the Licensee are the parties). Background (A) The Licensor [is the[ registered] proprietor of OR is the applicant to register OR has the right to license and/or sublicense] certain designs. (B) The Licensee is [insert description of the Licensee’s background/background to licence or relevant transaction]. (C) The Licensor has agreed to grant a licence of these designs to the Licensee and the Licensee has agreed to take a licence of the designs on the terms of this Licence. The parties agree: 1 Definitions and interpretation 1.1 In this Licence: Business Day • means a day other than a Saturday, Sunday or public holiday[, on which clearing banks are open for non-automated commercial business in the [City of London]]; Confidential Information • means all information

This LICENCE is made on [insert date] Parties 1 [insert licensor name] a company incorporated in [England and Wales] under number [insert company number], whose registered office is at [insert registered office] (the Licensor); and 2 [insert licensee name] a company incorporated in [England and Wales] under number [insert company number], whose registered office is at [insert registered office] (the Licensee), (each of the Licensor and the Licensee being a party and together the Licensor and the Licensee are the parties). Background (A) The Licensor [is the [registered] proprietor of OR is the applicant to register OR has the right to license and/or sublicense] certain designs. (B) The Licensee is [insert description of the Licensee’s background/background to licence or relevant transaction]. (C) The Licensor has agreed to grant a licence of these designs to the Licensee and the Licensee has agreed to take a licence of the designs on the terms of this Licence. The parties agree: 1 Definitions and interpretation 1.1 In this Licence: [Advance • means the sum of [insert];] Business Day • means a day other than a Saturday, Sunday or public holiday[, on which clearing banks are open for non-automated commercial business in the [City

Construction analysis: What does MT Højgaard v EON tell us about the importance of clear contract conditions in relation to fitness for purpose obligations where a contract also contains lesser contractual requirements? Hamish Lal, partner and head of contentious and non-contentious construction at Jones Day, explores this case and the importance of clear drafting of warranties and guarantees.

The importance of design in development Design plays a critical role in the planning system for many reasons. It can contribute to: creating high-quality, healthy, inclusive and sustainable places; ensuring functionality and usability; promoting sustainability; preserving and enhancing the character of an area; facilitating community engagement; and supporting the well-being of communities. Considering design when preparing a planning application is particularly important in light of policy DP3 of the National Planning Policy Framework (NPPF), which states that development proposals should be refused if, without clear justification, they conflict with the requirements of the policy or explicit design standards set out in the development plan (including those in locally specific policies, guides, codes or masterplans). Design requirements in the planning system The design of a scheme plays a part in all stages of the planning process, from policy and plans to the determination of planning applications and the post approval stage. The key policy and guidance relevant to design in the planning system in England is contained in: • Chapter 14 of the NPPF

Construction analysis: The Technology and Construction Court (TCC) held that a specialist contractor responsible for designing and constructing a FIFA Quality Pro 3G football pitch was liable for extensive defects arising from inadequate sub-base design, impermeable materials and failure to provide the specified shockpad. HHJ Sarah Watson found that the contractor had assumed design responsibility despite arguments that it merely built to the employer’s specification. The court also held that the football club acted reasonably in replacing the entire pitch rather than pursuing piecemeal repairs. The judgment contains detailed analysis of causation, mitigation and recoverable remedial and consequential losses in construction disputes involving specialist sports surfaces, including the limits of recoverability for expert and management costs.

Designs can have three types of intellectual property protection in the UK: registered designs, unregistered designs and copyright.

Design rights before and after Brexit The purpose of this Practice Note is to summarise, at a glance, the various different design rights available in the UK prior to and following Brexit. The impact of Brexit Prior to Brexit, the UK designs regime was significantly harmonised with the EU regime. Directive 98/71/EC harmonised the requirements for national registered design protection across the EU. It was incorporated into UK law through amendments to the Registered Designs Act 1949 (RDA 1949), which governs UK registered designs. However, UK unregistered design rights operate under a separate regime under the Copyright, Designs and Patents Act 1988 (CDPA 1988). Regulation (EC) 6/2002 established the Community design regime (covering registered Community designs (RCDs) and unregistered Community designs (UCDs), as they were then called, which are unitary rights, covering the whole of the EU. The UK was previously covered by the Community design regime, as an EU Member State. The UK’s decision to leave the EU meant that, following IP completion day (11.00 pm on 31 December 2020), the UK

A method of construction procurement where a contractor designs and builds the facility and then operates it for a period of time (typically between 10–30 years).

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the announcement of director disqualification undertakings of 31 July 2019; it is no longer maintained. See further, timeline and commentary. Case facts Outline CMA Article 101 TFEU/Chapter I investigation into alleged price-fixing in the market for the supply of design, construction and fit-out services in the UK (Case 50481). Latest developments On 7 October 2019, 14 November 2019 and December 2019, the High Court issued orders confirming that Mr Aki Stamatis and Mr Sion Davies had been granted permission to continue to act as directors (subject to strict conditions) in the particular circumstances of this case. The two disqualified directors may take part in the management of certain companies within the Fourfront Group during their term of disqualification, but may not take on the directorship of any other company. Parties • Area Sq Limited, Cube Interior Solutions Limited, Fourfront Group Limited, Fourfront Holdings Limited (collectively know as ‘Fourfront’). Fourfront, based in London, is a leading UK commercial design and fit-out specialist.•