Webmarking Available For Displaying UK Registered Design Rights

Author:Mr Martin Krause, Jonathan McCartney, Michael Conway, Andrew Flaxman and James Hutchison
Profession:Haseltine Lake LLP

Under UK law, a registered design owner should mark their product with the numbers of any relevant registered designs to put themselves in the best possible position for claiming financial remedies (e.g. damages) if their design is found to be infringed.

A change in UK law on 1 October 2017 means that design owners now have the option to mark protected products with an internet address for a webpage which clearly identifies the product and any associated design numbers. The webpage must be accessible free of charge and must include a clear association between the product and the relevant registered design number. Design holders should note that it is unlikely to be sufficient to simply provide a web address for a company home page. A similar webmarking system has been in place for patent holders since 1 October 2014.

The change should reduce costs for design owners, and will make it easier to update and publicise information...

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