Enforcement of registered designs
Although the registered design monopoly is granted by
the state, it is not policed by the state, and it is down to the
proprietor to take action against any infringements of the monopoly.
Most infringement disputes are settled out of court,
with the infringer agreeing to stop infringing, with the proprietor and
infringer agreeing a licence, or with the proprietor realising that the
registration is not infringed or is invalid.
In a case which cannot be settled, the proprietor can
take court action. On the one hand, if the proprietor is successful the
remedies include an injunction to restrain continued infringement,
destruction of any infringing articles, damages or an account of profits,
and legal costs. On the other hand, if the proprietor is unsuccessful, the
patentee may need to pay the infringer’s costs, together with damages if
the proprietor obtained a temporary injunction while the court action was
pending.
