Design disputes frequently turn on whether the design is new and different enough from earlier designs to justify protection. In the UK and Europe, unlike some other countries, the designs registries do not examine a design for novelty, leaving a registration open to a challenge.
Disputes may also occur over the validity of a Registered Community Design based on the exclusion of certain product features from eligibility for protection. We can advise on all challenges to design protection whether you are defending your own design, or challenging a competitor’s, and whether the challenge is to the validity of a design or complains of infringement.
When it is in your best interests, and in certain court or office proceedings, we will represent you ourselves. On other occasions, our close working relationships with leading specialist solicitors (attorneys) and barristers (advocates or trial lawyers) give you access to a powerful extended legal team.
Many disputes are eventually settled without the need to pursue legal proceedings to a conclusion. We have wide experience in negotiating settlements for our clients and can guide you skilfully through this challenging process.