A design registration provides the owner of that design with a monopoly to exploit the product’s unique visual appearance to exclusion of all others for a 10 year period.  
A design infringement dispute can arise in two ways:

1. A competitor, without your authority, is uses a product identical or substantially similar to in overall impression to your design registration; or
2. A competitor considers you are using a product identical or substantially similar to in overall impression to their design registration

Conduct which amounts to design patent infringement includes making, importing, hiring, selling or otherwise disposing of the infringing design or otherwise offering to do so.
Disputing the unauthorised use of use of your design by a competitor and preventing further infringement, offers the following benefits:

• Protects your market share
• Protects your resulting revenue 
• Protects your market reputation from inferior like products
• Increases the commercial value of your design and business  

Defending unfounded claims of a design infringement, breach or violation by a competitor offers the same benefits as above. Implementing an appropriate defence strategy to protect your design is equally as important as enforcing your rights against another.    

Actuate IP’s design dispute services

Whilst an aggressive design litigation strategy has its place in some cases, the preferable commercial outcome when defending a design infringement claim is to negotiate settlement and minimise costs and legal liability.

Actuate IP manages the dispute and litigation process closely with you throughout so you are aware at all times of progress and costings. This allows you to make the appropriate decisions for your business.  

We will facilitate settlement where appropriate, but if unavoidable will adopt an aggressive design litigation strategy. Our attorneys and lawyers have litigated in various jurisdictions including the Federal Court. Our team has a wealth of intellectual property experience to devise a strategy to maximise best case outcomes for your business in design infringement disputes.

Place an Online Enquiry to contact a Patent Attorney or call us on 1300 768 730.