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1 December 2010

UK IPO Consultation on Amendments to Design Legislation

UK IPO Consultation on Amendments to Design Legislation

The United Kingdom Intellectual Property Office (UK IPO) today released details of a formal consultation on amendments to design legislation.

According to the release,  "The consultation document presents two proposals to equalise the remedies available in the UK for innocent infringement of UK registered designs and Community designs.  It is proposed to either limit the liability of those who unintentionally infringe Community designs in line with the current law governing the infringement of UK registered designs, or alternatively to remove the limitation of liability in respect of unintentional infringement of UK registered designs."

In its Executive Summary, the UK IPO states that it intends to equalise the availability of remedies in the UK for innocent infringement of UK registered designs and Community designs. The purpose of this consultation is to ask which of the two options available should be adopted, namely:

Proposal 1

To amend the Community Designs Regulation 2005 so that unintentional infringement of a registered or unregistered Community design in the UK cannot give rise to an order to pay damages or an account of profits

Proposal 2

To amend section 24 of the RDA so as to allow for the possibility of proprietors of UK registered designs obtaining an order for damages and/or an account of profits from the unintentional infringement of a UK registered design.

The IPO asks several questions in relation to these proposals which are available via the link above. The consultation, which is open to all interested parties is due to close on 21 March 2011.

The press release is available here: http://bit.ly/ukipo-desleg

 

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