For Business

Design Rights Infringement

A distinction is drawn between Design Right (also referred to as Unregistered Designs) and Registered Designs.

Design Rights gives automatic protection to any aspect of the “shape or configuration (whether internal or external) of the whole or part of an article”. It therefore protects its three dimensional shape. Design Rights however do not give protection for any two-dimensional aspects e.g surface patterns.

Registered Designs in comparison protects “features of shape, configuration, pattern or ornament applied to an article by an industrial process, being features which in the finished article appeal to and are judged by the eye”. Registering a design therefore will give protection of the two-dimensional aspects of the design as well as protection of its three-dimensional shape. A Registered Design is a business asset with monetary value which can bolster you’re brand

The design of a product is an important feature affecting customer choice of that product and gives a business a marketing edge. Any infringement of a Design Right or Registered Design Right should be acted on promptly and infringement proceedings can be brought before the courts if litigation cannot be avoided. We will use our commercial and legal expertise to try to achieve the cheapest and quickest outcome for you so that you can focus on your business needs.

For further information please contact Jill Lawton on 01689 887855 or by email jill.lawton@cwj.co.uk.