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.
