Registered Designs Act 2000 · 2020 Revised Edition · Part 3 · Rights in Registered Designs
36. Infringement proceedings
Feedback & supportAn infringement of a registered design is actionable by the registered owner.
Subject to the provisions of this Act, the relief the Court may grant in infringement proceedings includes —
an injunction (subject to such terms (if any) as the Court thinks fit); and
either damages or an account of profits.
Subject to the provisions of this Act, no proceedings may be taken for an infringement of a registered design committed before the date on which the certificate of registration of the design is issued under section 18.
design
“design” means features of shape, configuration, colours, pattern or ornament applied to any article or non‑physical product that give that article or non‑physical product its appearance, but does not include —(a)a method or principle of construction;(b)features of shape, configuration or colours of an article or a non‑physical product that —(i)are dictated solely by the function that the article or non‑physical product has to perform;(ii)are dependent upon the appearance of another article or non‑physical product of which the article or non‑physical product is intended by the designer to form an integral part; or(iii)enable the article or non‑physical product to be connected to, or placed in, around or against, another article or non‑physical product, so that either article or non‑physical product may perform its function; or(c)features consisting only of one or more colours that —(i)are not used with any feature of shape or configuration; and(ii)do not give rise to any feature of pattern or ornament;