Innocent infringement

Proposals are afoot to equalise the remedies in the UK for innocent infringement of UK and European registered designs. The financial remedies currently available for unintentional infringement of a community design are not available for UK registered or unregistered designs. The Intellectual Property Office is putting forward two alternatives, the first being to amend the Community Designs Regulation so that unintentional infringement of a Community design in the UK cannot give rise to an order for damages or a proportion of profits. The second option is to amend UK legislation so that UK registered design owners may obtain financial compensation from unintentional infringement.

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