Dealing with Design Infringement
Infringement of a Registered Design
A registered design is infringed where another, without your consent, makes or imports articles to which your design has been applied for sale, hire or commercial use.
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 a Design Right
Design right infringement 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.