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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