How do I protect against design infringement?
Design registration provides owners of that design with a monopoly to exploit the product’s unique visual appearance for 10 years and to the exclusion of all others. This right is enforceable against others once the registration has been certified.
Given the value and investment in a design, it is important to protect your design rights from infringement through effective dispute resolution techniques or, if needed, design litigation. Disputing the unauthorised use of your design and preventing further infringement offers the following benefits:
1. protects your market share
2. protects design-dependent revenue
3. protects your market reputation from similar but inferior products
4. increases the commercial value of your design and business.
HOW CAN ACTUATE IP ASSIST?
It is vital that you obtain accurate, specialist advice on how best to deal with registered design disputes and registered design infringement claims for your particular circumstances. Actuate IP will work with you to manage the design dispute resolution process and if necessary the litigation process. As a starting point we will invest time at the outset to understand the nature of your dispute and how it relates to your business and what your business wants to achieve from the dispute – whether you are enforcing your rights or defending claims of infringement made by another business against you. With this understanding we will provide you with a detailed and considered Fixed Fee Proposal that provides you with initial recommendations and fixed fee options on how to approach the dispute in a way that will achieve the right outcome for you. You can then decide whether our firm will be the right fit for your business.