Infringement of a registered design occurs where another, without your consent, makes, offers, puts on the market, imports, exports or uses a product to which your design (or a design that does not produce a different overall impression on the informed user) has been applied, or stocks such a product for any of those purposes. During the registered design infringement action, the issue may arise as to whether the allegedly infringing article embodies a design which, whilst not identical to yours, differs only in certain respects. There are tests for assessing whether or not the offending item is substantially based on your registered design. You may also face a defence to the effect that your registered design is invalid or that you, acquiesced in such use by the defendant.

Infringement of an unregistered design right occurs if another trader wrongfully reproduces your design, records the design in a design document or knowingly imports or deals in products embodying your design.