DESIGN INFRINGEMENT
Design infringement, also known as design piracy or industrial design infringement, occurs when someone makes, sells, imports, or uses a product that incorporates a design that is the same as or substantially similar to a protected industrial design, without the permission of the design right holder.
Industrial Design Protection
Industrial Designs vs Patents
Industrial Designs
Protect the ornamental or aesthetic aspects of a useful article. This includes features like shape, configuration, surface pattern, line, color, or a combination of these.
Patents
Protect the functional or technical aspects of an invention. This includes how something operates, its method of construction, or the process it uses.
Types of Design Infringement
Design infringement can manifest in various forms. Here are the main types recognized by legal systems:
Literal Copying
Producing a product with a design virtually identical to the protected design
Substantial Similarity
Design that's similar enough that an ordinary observer would believe one was copied from the other
Colorable Imitation
Obvious or fraudulent imitation intended to deceive or pass off as genuine
Secondary Infringement
Activities that facilitate or enable primary infringement
If you believe your registered design has been infringed, or if you are concerned about potentially infringing someone else's design, it is crucial to seek legal advice from an intellectual property attorney who specializes in design law.
They can assess the specific situation, analyze the designs, and advise on the appropriate course of action in your jurisdiction.
Protected Design Elements
Product Shape
Surface Patterns
Visual Aesthetics
Product Design
Key Considerations in Design Protection
Understanding the scope and limitations of design protection
Legal Framework & Protection Strategies
Ordinary Observer Test
Courts apply this test to determine if designs would appear similar to a typical consumer in the relevant market
Design Registration
Formal registration provides stronger protection and easier enforcement against infringers
Enforcement Remedies
Injunctions, damages, and product seizure are primary remedies for design infringement
Protect Your Design Innovation
Stop design theft before it impacts your market position.
Secure your aesthetic innovations with expert design protection and enforcement strategies.