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Ken Targett

Hampshire, United Kingdom

Intellectual

Property

Practice

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Design registrability
Design ownership
Enforcement of Design
British reg. designs
Foreign reg. designs

Enforcement of registered designs

Although the registered design monopoly is granted by the state, it is not policed by the state, and it is down to the proprietor to take action against any infringements of the monopoly.

Most infringement disputes are settled out of court, with the infringer agreeing to stop infringing, with the proprietor and infringer agreeing a licence, or with the proprietor realising that the registration is not infringed or is invalid.

In a case which cannot be settled, the proprietor can take court action. On the one hand, if the proprietor is successful the remedies include an injunction to restrain continued infringement, destruction of any infringing articles, damages or an account of profits, and legal costs. On the other hand, if the proprietor is unsuccessful, the patentee may need to pay the infringer’s costs, together with damages if the proprietor obtained a temporary injunction while the court action was pending.