CLASS 99
The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.
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SUNDAY, 19 AUGUST 2012
Unintentional infringement may cost you a little more ...
The amendment of UK design legislation is a topic that has rumbled on for a year and a half, following the launch by the UK Intellectual Property Office of a consultative process, the background to which you can read here. The Government's response was published last week and it states this:
Tags: pecuniary remedies, unintentional infringement, United Kingdom,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA361
Unintentional infringement may cost you a little more ...
The amendment of UK design legislation is a topic that has rumbled on for a year and a half, following the launch by the UK Intellectual Property Office of a consultative process, the background to which you can read here. The Government's response was published last week and it states this:
21) Legislative changes will be made as follows:Posted by: Blog Administrator @ 12.17
(i) [The UK's] Community Designs Regulation 2005 [which make provision for the operation of Community designs law in the UK] will be amended so that unintentional infringement of a registered or unregistered Community design in the UK can give rise only to an account of profits and not an order to pay damages.22) The above changes will be introduced as soon as possible; their coming into force will be preceded by guidance to businesses about the new amended legislation and the implications that will arise. We will also consider what steps to take to give a higher profile to the relevant design issues from the point of view of designers and businesses in the UK.
(ii) Section 24B of the Registered Designs Act 1949 will be amended to allow for the possibility of proprietors of UK registered designs to obtain an account of profits (but not an order to pay damages) from the unintentional infringement of a UK registered design.
Tags: pecuniary remedies, unintentional infringement, United Kingdom,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA361
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