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21 December 2009
By Corinne Day
A proprietor of a design has an exclusive right over that design
for a period of 25 years.
A third party will infringe a design if it makes, offers, puts
on the market, imports or exports the design, or stocks the product for the
If a potential infringer wishes to avoid infringing a design, it
can contact the owner of the design to negotiate its use of the design. It may
even be able to purchase the design from the proprietor.
If a third party is accused of design infringement that third
party can invoke either one of the following defences:
- that there has been no infringement; and / or
- that the design is invalid. If the third party can
successfully argue that the design should have never have been afforded design
protection, because, for example, the design is not new or it has no individual
character, then there will be no infringement.
Legal advice should be obtained if you suspect that a third
party is infringing your design or if you are being accused of design
Corinne Day is a trainee solicitor who specialises
intellectual property law. She can be contacted via e-mail on firstname.lastname@example.org
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2009-12-31 06:41:46 in Legal Articles