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Infringement of Unregistered Designs

Written by Ben Evans on 24 September 2009

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Infringement of registered designs is split into two: primary infringement and secondary infringement.

As the owner of an unregistered design you have the exclusive right to reproduce the design for commercial purposes by making articles of that design or by reproducing the designs for the purpose of making articles of that design (s226(1) CDPA 1988).

Primary Infringement

Primary infringement prevents other people from making articles to the design or making a design document for the purpos of enabling such articles to be made without the unregistered design owner's permission (s226(3)).

Secondary Infringement

Secondary infringement is somewhat different from primary infringement, firstly knowledge is required by this I mean that the infringer must be aware of the unregistered design right. Activity that comes under secondary infringement includes: importation, selling, hiring of such articles etc (s227).

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