Raising the ante against infringements of your registered designs

By Taylors Solicitors

01 Oct 2014

As from 1st October 2014, the stakes will be raised for those who deliberately copy designs of others registered in the UK or European Community.

Written by the Intellectual Property team at Taylors Solicitors.

Both designers and those commissioning registered designs may have felt the civil remedies for infringement do not go far enough to deter the ruthless from slavishly copying the fruits of their hard work and investment. Well, that is about to change as a new criminal offence will be introduced to catch such wrongdoers.

The offence can result in large fines or even (in the worst cases) imprisonment for up to ten years. It will catch those who intentionally copy the UK or European Community registered designs of others, when they know or have reason to believe the design they are copying is registered.

Further, this ‘copying’ offence is backed up by an additional criminal offence for those who intentionally use an unlawfully copied design. So palming off the manufacture to someone else is not going to get a business off the hook or provide a loophole to be exploited.

The offences though are limited to intentional copying or use in the course of business activities, and will not apply to those who copy an article for private use only, or are unaware they have copied a registered design or used such copy. Likewise, the copy must be exactly the same as the registered design or have only immaterial differences.

The new offences should be welcomed by those who hold registered designs as a further potential weapon in their arsenal. However, the offence will not have blanket application to all infringements and is likely to be triggered only in blatant cases of intentional copying.

It is also worth bearing in mind that the offence will require proof of guilt to the criminal standard of ‘beyond reasonable doubt’ – which is much higher than the civil standard, namely on the ‘balance of probabilities’. Criminal guilt also does not necessarily result in adequate financial recompense to the right holder.

So in practice, victory against the infringer on the (lower) civil standard of proof will still be necessary in many cases. However, the claimant should seek inclusion of a ‘penal notice’ in the terms of any undertaking to stop using the relevant design, which should then be incorporated into a court order. A penal notice is a term which provides that if the infringement is repeated then committal to prison looms. This method could kill two birds with one stone by achieving financial remedies but also making the threat of criminal sanctions for further breach very real. Taylors' Intellectual Property team, led by Tony Catterall, is recognised nationally and internationally for its expertise and experience in protecting and enforcing the rights of designers, particularly in the textiles, fashion and home furnishings sectors. It has won many notable and key cases in the High Court, Court of Appeal and Supreme Court against major corporates. Taylors is the only North West-based firm to have been appointed as a Legal Affiliate to the national organisation, Anti-Copying in Design (ACID).

Latest news

1

Management buyout at Suresite Group Steve Holden

Management buyout at Suresite Group

17 Oct 2025

2

Meet the influencers who have generated £2m sales for one company Helen and Richard Chalu new

Meet the influencers who have generated £2m sales for one company

16 Oct 2025

3

WHN strengthens position in prestigious legal guide Daniel Long

WHN strengthens position in prestigious legal guide

16 Oct 2025

4

Warden appoints new commercial manager to strengthen project delivery and growth Peter Heskine

Warden appoints new commercial manager to strengthen project delivery and growth

16 Oct 2025

5

Stockley's finds its sweet spot Stockley's front view

Stockley's finds its sweet spot

15 Oct 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Chamber Business Lunch – October
LBV Hub Networking
24 Oct 2025 - 24 Sep 2025

Chamber Business Lunch – October

Lancaster Golf Club, Lancaster, LA2 0AJ

11:00 - 13:30

North West Business Expo 2025
https---cdn.evbuc.com-images-880456273-4862066883-1-original.20241022-105445.jpeg.jpg
LBV Hub Exhibitions
24 Oct 2025 - 24 Oct 2025

North West Business Expo 2025

Bolton Stadium Hotel, Bolton, BL6 6SF

09:00 - 15:00

Lancaster District Business Support Expo
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
29 Oct 2025 - 29 Oct 2025

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

10:00 - 15:00

Chamber Breakfast Networking – November
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
06 Nov 2025 - 06 Nov 2025

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Lancashire Police business update with The Police and Crime Commissioner
Lancs-cham-logo.jpg.jpg
LBV Hub Roundtables
10 Nov 2025 - 10 Nov 2025

Lancashire Police business update with The Police and Crime Commissioner

Lancaster Castle, Lancaster, LA1 1YN

14:00 - 16:00

Beyond the Brand: Building trust through values and integrity
1.png.png
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

Beyond the Brand: Building trust through values and integrity

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin