Infringement of Unregistered Design

There are two possible types of infringement when considering unregistered design rights:

Primary Infringement

This is when someone other than the owner of the design reproduces the design for commercial purposes without permission.

The Copyright, Designs and Patents Act 1988 (CDPA) defines reproduction as copying the design by:

Making articles exactly or substantially the same as to the design

Making a corresponding design document for the purposes of enabling such articles to be made.

Secondary Infringement

Secondary infringement of unregistered design rights occurs when someone without permission and knowing or having reason to believe that the article is an infringing article that person:

Imports

Possesses

Sells

Hires (for commercial purposes) the infringing article.

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