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Design infringement


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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 above purposes.

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 infringement.

Corinne Day is a trainee solicitor who specialises intellectual property law. She can be contacted via e-mail on

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

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