A change in the law that comes into effect in October means that flagrant copying of UK or European Community registered designs could carry a possible jail sentence of up to 10 years.
The change has been made to emphasise the gravity of copying registered designs, which can protect anything from a piece of furniture to an item of clothing, bringing copying laws in these fields in line with trademark and copyright infringement.
The design community in the UK is delighted by the change in the law, which, until now, has been a little weak in terms of protecting design rights holders. The prospect of receiving a jail sentence for flagrant copying should deter criminals and also reinforces the message that the authorities take such acts very seriously.
Another key change revolves around the appropriate ownership of a design. Currently, a design is owned by the person who commissions it but the new law makes it clear that a commissioned design will be automatically owned by the designer instead. From October, if the commissioner wants to retain ownership, this must be contractually agreed with the designer.
The new act also implements provisions allowing patented products to be marked with a link to a website listing the patents that are relevant to the product, which will help the process of marking patented products, and will allow the relevant marking to be updated quickly, easily and cheaply when new patents are granted or when patents cease.
Incomplete listing of relevant patents on a product can lead to a potential loss of damages recoverable in infringement, but for products covered by many tens or hundreds of patents this marking burden has become excessive, so the change will be very welcome.