Defend your design against infringement

Your designs are likely to be an important part of your business’ success. If anybody sells, imports or uses your designs without your permission you’ll probably want to take action.

If your design is registered

If you think your design is being infringed send a carefully worded warning letter to the potential offender. They may be genuinely unaware of the infringement or they might stop when they know they’ve been found out.

If this doesn’t work, you’re entitled to sue anyone who infringes your design for damages whether the infringement is intentional or not.

If you suspect infringement and you’re only at the stage of applying for design registration you should contact the Patent Office Central Enquiry Unit on Tel 08459 500 505 and ask for urgent examination and registration of your design.

If your design isn’t registered

Again, it’s worth sending a carefully worded warning letter to the person or business you suspect of copying your design.

If this doesn’t work, you can still take court action. But you will have to prove that you hold design right and that the alleged infringers have copied your design – as opposed to the two articles merely looking the same. This can prove difficult and expensive.

Seek advice

Design law is a complicated area and it’s advisable to seek help from experts if you think someone is infringing your design. Trade mark attorneys and patent agents are lawyers who specialise in this area. Find information on design law on the Institute of Trade Mark Attorneys website. Search for a patent agent on the Chartered Institute of Patent Agents website.

There are alternatives to legal proceedings. It may be possible to avoid a court hearing by entering negotiations with the infringer or using a method of alternative dispute resolution such as mediation.

The UK Patent Office’s mediation service specifically mediates between businesses and individuals involved in Intellectual Property disputes. Find out about the mediation service on the UK Patent Office website.