What are Design Rights?

Design rights protect the appearance, shape and configuration of a product and can be registered or unregistered.

Design owners can apply for a UK Registered Design mark or a Community Registered Design mark.

A registered design must meet certain criteria and must be:

  • Novel;
  • Of individual character; and
  • Not excluded by statute.

Protection lasts up to 25 years, and the rights are renewed every five years. Registering a design is relatively low-cost and is appropriate for industries such as fashion,n where design is fundamental in recognising and selling the product.

If a design is registered, subject to meeting the criteria, it will have a right against copying. Protection is given at both the UK and EU levels. 

The EU right is much broader but only lasts for three years. The UK right gives ten years’ worth of protection from when the product was first marketed.

What is Design Right Infringement?

Design rights give the designer the exclusive right to reproduce the product and to record the design of the product with the purpose of reproducing it. There will be primary infringement of a design right if the designer’s design is reproduced or recorded without the designer’s permission.

What Remedies are Available for Design Right Infringement?

The remedies for design right infringement are very similar for the remedies for patent infringement and include:

  • Basic or additional damages;
  • An injunction to prevent further infringement of the design right;
  • An order for delivery up or destruction of the infringing goods; and

Our Approach to Design Right Infringement

Due to the complex and technical nature of design right claims, we always review any case on first instruction and provide you with an overview of all the potential options available.

Design right claims have many different remedies available such as damages, injunctions or an order for the destruction of goods. The specific context of your situation will dictate the advice we give you. 

Our team will make sure you are kept informed and confident about the advice we are giving and can be certain that we will provide you with the best possible outcome.

The Myerson team is ranked by the Legal 500 directory. This means you can be certain that you will be getting the highest quality legal advice with your interests at the heart of the service. 

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Our Experience with Design Right Infringement

Myerson are members of the Intellectual Property Lawyers Association (IPLA). 

The IPLA is an association of approximately 66 law firms who have an established intellectual property department. 

The fact we are a member of the IPLA demonstrates that we have extensive and detailed experience in the conduct of IP disputes in the UK. 

One of the main objectives of the IPLA is to lobby for improvements to IP law and practice for the benefit of those who hold IP rights.

Separation of Intellectual Property Rights

This matter started as a contentious shareholder dispute between two 50/50 shareholders. 

A deal was reached to split the intellectual property rights (comprising many registered trademarks, unregistered design rights, sketches, product development know-how and an ongoing patent application held across several companies) on a worldwide basis. 

The deal involved us drafting several licence and assignment agreements with negotiated restrictions on the use of intellectual property, provisions for the development and sharing of know-how, maintenance of the patent and complex rules governing the development of sufficiently different product lines by each shareholder. 

Why Choose Our Intellectual Property Solicitors?

  • Our intellectual property experts advise clients on a broad range of intellectual property matters, from initial registration and exploitation to protection and enforcement.
  • Our specialist IP litigation team is also highly experienced in handling business disputes involving intellectual property.
  • Myerson is a member of the Intellectual Property Lawyers Association (IPLA), an association of law firms with an established intellectual property office. Our membership provides our clients and us with access to a wealth of knowledge and expertise in intellectual property.
  • Through our many years of service, we have close working relationships with trade mark and patent attorneys and regularly liaise with them on a wide range of intellectual property issues, such as registering trademarks, patents and design rights, and when disputes arise concerning intellectual property rights. These working relationships are a key element of the service we offer to our clients.
  • Myerson is also the Manchester and Cheshire law firm member for the MSI Global Alliance, a top 20 ranked international association of independent professional firms. As the IP matters we deal with often involve an international element, we can call upon the expertise and knowledge of our fellow MSI members to ensure that our client's global interests are protected.

Speak With Our IP Solicitors

Why Choose Our Intellectual Property Solicitors v2

Testimonials

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Julie L

Richard and Olivia were great to work with from start to finish. They took time to understand our industry, and how we worked as a company. This, mixed with their professional knowledge, allowed the process to be seamless, and produce specific documents for our business. I would highly recommend the team, and I am pleased that I have built this relationship so that if any services are required going forward, I will be able to contact them knowing I will receive a high level of service.

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Nick

We had an outstanding experience with Myerson Solicitors. From start to finish, the team was professional, efficient, and approachable. Our solicitor, Olivia Whittaker, was particularly remarkable - her attention to detail, clear communication, and expert guidance made the entire process smooth and worry-free. We couldn’t be happier with the outcome and highly recommend Olivia and the firm to any business seeking expert commercial legal advice.

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Richard

We needed to rewrite our online terms and conditions to ensure compliance with all legal aspects. Olivia and Richard were outstanding in their advice and assistance. They guided us through every step of the process, providing valuable insight and expertise. Their professionalism and clear communication made a complex task manageable, and we couldn't be happier with the service they provided.

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Andrew

I engaged Richard Meehan, Myerson Solicitors, for the drafting of a complex multi-product exclusive supply agreement. He was thorough, explained in plain English and kept me updated consistently throughout. In addition, his after service communications were excellent, ensuring that we felt supported in our negotiations. Great service, before, during and after, which is the benchmark that I have come to expect from all my dealings with Myerson Solicitors. A great team.

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Adrian

Richard and the team at Myerson were excellent. They guided me through a relatively complex legal situation and weren't afraid to admit when they needed to bring in other divisors to offer the best guidance which I appreciated. It was all done efficiently and for a fair price. A great experience.

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Mo

I recently worked with Richard to draft an international supply agreement, and I couldn't be happier with the service I received. He was highly knowledgeable, easy to work with, and always responded promptly to any questions I had. I felt well-supported from start to finish and would highly recommend Richard to anyone looking for a reliable and experienced solicitor for commercial contracts.

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Ben

Exceptional service, Richard and his colleagues were professional and personable not like other law firms we have worked with in the past. It was clear from the outset that Myerson were very down to earth and willing to put in the work to help us achieve our goals. They were a delight to work with on our contract negotiations. I would highly recommend them.

Business Testimonials

Aceplan Player Development Ltd

I worked with Richard Meehan and Olivia Whittaker, who helped me to build a comprehensive set of legal documents for my software business. This included terms and conditions for the different user types, privacy and cookie policies, and general website terms. Their legal knowledge and what was required for my business was very impressive. It left me feeling reassured and confident in the work they prepared. All the deadlines were met and I'm really satisfied with the end product.

Business Testimonials

Torram Ltd

I couldn't recommend Myerson Solicitors highly enough. Richard and Olivia were fantastic to work with, they were extremely professional and knowledgeable and knew how to get the best out of my contract. They were very responsive and ready to answer all of my questions whenever I asked them. They are a safe pair of hands for anyone starting out in business and don't have any personal recommendations for solicitors. They're very capable and very pleasant to work with and compared to other companies, fairly priced.

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Peter

Myerson deserves more than 5 stars. I am exceptionally pleased with the work done by Richard M at Myerson who worked on the Terms for my startup. Incredible depth of knowledge and amazing turnaround time. Highly recommended!

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Matt

As a start-up company, we needed specific advice, work and contracts drafting on key contracts. (Customer and Supplier) along with specific website and cookie policies. Myerson's completed this work on time and to a high standard. Importantly, they advised on which areas to focus on to spend time and money - very important for a start up. Every member of the team was very capable and if they did hand over, the person handover to was always fully briefed and up to speed with our account and work. Highly recommended.

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Jason

We needed a flexible VAR agreement for our AI based software offering that could be easily adapted to a wide variety of partnerships, engagement models and go-to-market strategies. The Commercial team did a great job making sense of our sometimes confused and over-complicated requirements, and simplified it down to exactly what we needed. Soon after we successfully used the agreement with a large multi-national corporation. All in all a great result and a great experience.

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Joe

Very pleased with the service received in updating T&Cs and other legal documents. Excellent communication and useful discussions, getting to understand our business and its requirements.

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Emad Salib

The team were highly responsive, clear in their advice, and demonstrated a strong commercial understanding of our business and the sector we operate in. They provided practical, well-structured guidance and were proactive in highlighting potential risks while offering sensible solutions. It was a pleasure working with them, and we would not hesitate to recommend Myerson.

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Steve Ridd

Rich Meehan at Myerson provided clear, pragmatic and highly effective support on a range of complex commercial matters. His advice was responsive, commercially focused and instrumental in helping us manage risk while progressing key initiatives. Richard worked collaboratively with the executive team, translating legal complexity into practical guidance, and I would have no hesitation in recommending him and Myerson for trusted commercial legal support.

Meet Our Intellectual Property Solicitors

Home-grown or recruited from national, regional or City firms. Our intellectual property lawyers are experts in their fields and respected by their peers.

Richard M

Richard Meehan

Richard is a Partner in our Commercial Team

Rob B FINAL

Robert Brothers

Robert is a Senior Associate in our Dispute Resolution Team

Liv On final

Olivia O'Neil

Olivia is a Solicitor in our Dispute Resolution Team

Contact Our Experts

You can contact our lawyers below if you have any more questions or want more information:

0161 941 4000

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