Remedies and Defences of Unregistered Design Rights.

There are four possible remedies if unregistered design rights have been infringed:

1. Damages

2. Actions for account of profit

3. Injunction

4. Delivery up and disposal of infringing articles.

Defences to claims of unregistered rights infringement:

A defendant may:

1. Attack the validity of the unregistered design right: i.e. rely on the fact that the design is commonplace;

2. Argue that no infringement has taken place or that it took place after the expiry of the right;

3. Argue that they had no knowledge that their article was infringing;

4. Undertake to take a licence as of right where such are available.

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