Design right disputes: Protecting the appearance of products & packaging
Your product's design is more than just an aesthetic choice; it is a critical component of its commercial identity and appeal.
A design right protects the unique visual appearance of a product, giving you a powerful tool to prevent competitors from copying your hard work.
When another business infringes on your design, they are not just taking a portion of your market share, they are undermining the very essence of your product's appeal and the investment you've made in its development.
Design right infringement disputes are a commercial fight to protect your creative and financial investment.
Whether you are the designer or manufacturer seeking to enforce your rights or an accused party needing to defend your position, the stakes can be exceptionally high.
Design right infringement: How we assist you
Our team possesses deep expertise in the intricacies of design law and litigation.
We understand that a successful design right dispute requires more than just a legal strategy; it demands a forensic analysis of the designs themselves; as well as the chronology and basis of creation.
We have a proven track record of handling high-stakes design right litigation, representing both rights holders and accused infringers in the UK courts.
Our dual experience means we are adept at anticipating the strategies of the opposing side, regardless of which side of the dispute you are on.
This comprehensive perspective is a critical advantage in any litigation.
Our unique capability in this area
Our unique capability lies in our ability to seamlessly blend aesthetic analysis with a commercially-focused litigation strategy.
We take the time to understand the value of the design to your business, as well as the commercial impact of a dispute.
Our approach is designed to be laser-focused on achieving an outcome that protects your creative investment, preserves your commercial position, and allows your business to continue to succeed.
We provide clear, honest advice and will not pursue litigation unless we believe there is a commercially sound path to success.
Design right infringement: Common questions and answers
What is the difference between a registered design and an unregistered design right?
A registered design right is a formal, statutory monopoly that protects the appearance of your product for up to 25 years. It is a powerful, formal right that is easier to enforce than its unregistered counterpart.
An unregistered design right is an automatic right that arises when you create the design.
It protects the shape and configuration for up to 15 years, but only protects against direct copying.
We assess your product to determine the strongest and most cost-effective path to protection.
In litigation, these differences also determine how we assess the best strategy to enforce or defend an infringement claim.
What are the first steps if I discover a competitor is copying my product's design?
The most immediate first step is to secure and preserve all evidence of the competitor’s copying, focusing on the visual similarities and the date the infringing product entered the market.
Do not engage with the competitor directly.
You must then immediately engage a specialist IP litigator.
We will conduct a visual comparison and validity assessment to confirm the strength and scope of your registered or unregistered rights.
Only after this forensic assessment is complete do we plan a precise, commercially viable course of action, which often begins with a detailed letter before action.
What is the typical cost and timeline of a design right infringement case?
The cost and timeline depend heavily on the complexity of the design and the venue. Cases typically range from 9 to 18 months, should the case run its full course to trial and a Court decision.
We prioritise cost management and strategic efficiency, as we understand that a big part of managing a claim for our clients is to eliminate uncertainty, plus minimise stress and drain on their resources.
We often advise clients to use the IPEC (Intellectual Property Enterprise Court), which offers a cost-capped route ideal for many design right disputes - as this may be the most efficient avenue for their claim.
Claim venue is a strategic choice that is made in proportion to the damage present in the claim.
Whatever the case - we work hard to optimise the result for our clients and minimise the negative impact of the claim on their business and peace of mind.
What are the alternatives to litigation for resolving a design right dispute?
Given that design right cases often rely on clear visual evidence, they are highly suitable for Alternative Dispute Resolution (ADR), such as mediation or direct commercial settlement.
Our litigation expertise is the critical leverage in these negotiations: we approach ADR armed with a definitive view of the visual evidence and how the case would perform in court.
This enables us to secure a robust, commercially favourable settlement or licensing deal quickly, saving your business significant time and investment.
Design right infringement disputes: Next steps
Is your business facing a design right infringement dispute?
Whether you need to protect your visual design or defend your position, use the calendar below to arrange an appointment with our team to assess your situation.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
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