Design Rights

This is a fast moving environment where competition demands originality whilst customers expect trends to be followed.  This inevitably leads to claims of design right and copyright infringement.

Protection and Enforcement

Design rights and copyright arise automatically, without the need for registration.  They can protect 2D and 3D designs, including aspects of shape, colour, texture, material and surface decoration.  This makes these unregistered rights essential in this sector.  Design right protection can also be enhanced and extended through registration.

We represent a number of high-profile clients in disputes with competitors and in providing preliminary advice and training so as to avoid infringement.  We work with our clients to find commercially realistic outcomes taking into account the importance of the product at issue and the client’s longer term commercial imperatives.

Where it is appropriate and cost effective for clients to register designs, we advise on the registration process and manage the portfolio to ensure that renewals are undertaken and that obsolete designs not still being paid for.