Infringement
It is an infringement of a registered design to use the design of that registration, or any design that does not produce on the informed user a different overall impression, if the use has not received consent from the owner of the design registration.
Use includes manufacturing, selling, importing or exports goods featuring the design.
The term “different overall impression” is considered equivalent to the term “individual character” which is a requirement for registration. To assess the overall impression created by a design consideration must be given to other similar designs, and the freedom afforded to the designer when producing his design.
An successful action for design infringement can lead to the award of damages or an account of profit, and costs against the infringer. Due to the high costs of court actions in the UK, the costs involved for each party can be high.
There are several defences to an allegation of infringement, the most important of which are that the act is done privately and not for commercial purposes, and that the act is done for experimental purposes.