Design Right Infringement Solicitors

Design right infringement occurs when someone copies or produces a product that replicates the protected visual appearance or configuration of your design without permission. In the UK, this can involve registered designs (covering overall appearance) or unregistered design rights (protecting shape and configuration). Infringement requires proof that copying has taken place and that the designs create a substantially similar impression. Both types of protection allow you to take legal action to stop unauthorised use and recover damages. At Panoramix IP, we help you identify design right infringement and advise on the most effective enforcement strategy.

In the UK, design right infringement occurs when someone uses a design that is identical or highly similar to your registered or unregistered design without permission. For registered designs, infringement happens if another party produces or sells a product that creates the same overall impression on an informed user. Unregistered design rights protect the appearance or shape of a product, and infringement requires proof that copying occurred. Both types can result in loss of market share and competitive disadvantage. At Panoramix IP, we assess whether infringement has occurred and advise on your enforcement options.

If you notice a competitor selling products that look substantially similar to yours, infringement may have occurred. For registered designs, compare the overall visual impression. For unregistered design rights, you must prove actual copying occurred, not just that the designs look similar. Gathering evidence such as product photos, sales listings and dates helps establish the case. At Panoramix IP, we conduct detailed comparisons, review the scope of your design protection and identify whether you have grounds to pursue enforcement action.

In the UK, registered designs protect the overall appearance of a product and infringement occurs when another design produces the same overall impression. Protection lasts up to 25 years if renewed. Unregistered design rights protect the shape and configuration automatically for 10-15 years but only against copying, not independent creation. Registered designs offer stronger protection and are easier to enforce, while unregistered rights require proof of copying. Our team helps you understand which rights apply and the best enforcement strategy.

To prove design infringement, you’ll need documentation showing your design rights, evidence of the alleged infringement and proof of similarity. This typically includes registration certificates or records of first disclosure, photographs of both designs, sales data, marketing materials and website listings. Timestamped evidence such as product launch dates helps establish priority. At Panoramix IP, we help you gather and organise the right evidence to build a compelling case that supports your enforcement objectives.

If you suspect your design has been infringed, act quickly to preserve your rights and limit commercial damage. Start by gathering evidence and reviewing your design protection. Avoid public accusations without legal advice, as this can weaken your position. Contact a specialist design infringement solicitor who can assess the strength of your case and advise on enforcement options. At Panoramix IP, we conduct initial assessments, send cease-and-desist letters where appropriate and help you choose the most effective strategy.

In the UK, if design right infringement is proven, several remedies are available. Injunctions prevent the infringer from continuing to use the design. Damages compensate you for financial losses, while an account of profits allows you to claim the infringer’s gains. Delivery up orders require the infringer to hand over or destroy infringing products and materials. In some cases, negotiated settlements may be more commercially beneficial than court action. Our team evaluates which remedies align with your business goals and works to secure the best outcome.

Yes, absolutely. We regularly send cease-and-desist letters on behalf of clients to formally notify infringers and demand they stop using the protected design. These letters set out the legal basis for your claim and the consequences of continued use. In many cases, this leads to negotiated settlements that resolve the dispute without court proceedings, saving time and cost. We handle all communications and advise on whether settlement terms protect your interests, aiming for swift resolution while preserving your design rights.

If you’re accused of design right infringement, several defences may be available. You may be able to show that your design was independently created without copying, that the claimant’s design lacks validity, or that the designs are not sufficiently similar. Prior use or public disclosure before the claimant’s filing date can also undermine their case. Responding quickly is essential to protect your business. At Panoramix IP, we assess the allegations and advise on the best defence strategy to minimise risk and commercial disruption.

Acting quickly is important when enforcing design rights. Delays can weaken your position, allow infringers to establish market presence and make it harder to recover damages or secure injunctions. Courts may also question your commitment to protecting your rights if you wait too long. While there are statutory limitation periods, the commercial impact often increases over time. At Panoramix IP, we recommend contacting us as soon as you suspect infringement so we can take swift enforcement action.

Yes, we provide international design enforcement across the UK, EU and US. Our qualified solicitors coordinate enforcement action in multiple jurisdictions, ensuring your design rights are protected wherever infringement occurs. Whether you hold registered Community designs, US design patents or national registrations, we manage the strategy and legal proceedings. Working with a single firm across borders reduces delays and cost compared to instructing separate counsel in each territory. We help you navigate different legal systems to safeguard your designs globally.