What to do if someone is profiting from my design/work?

If you have developed a product or article, design rights protect the appearance of the whole or part of your work. This includes products/articles in three-dimensional form or for two-dimensional designs such as surface decoration and texture. We understand that these designs are often a fundamental asset for an individual or business and therefore protecting design rights is important.

In the case of a registered design right, the owner has the right to prevent others from using their design where another design is so similar that is does not create a different overall impression, even if another person did not copy their design and created their design independently. Acts such as making, importing, and stocking the registered design etc. constitute infringement and since 2014 deliberate infringement carries criminal liability.

Even in the case of an unregistered design if you can meet certain evidential requirements, your design right will prevent the copying of your design. The difference here to a registered design is that if the alleged infringer created their design independently and did not actually copy the unregistered design, then there is no infringement.

Our team will provide you with detailed advice based on the specific facts of your case, advise you as to the options available and risks to proceeding with litigation, and will work with you to create a strategy which will protect your rights in the most cost effective way.