Under UK law, a registered design owner should mark their product with the numbers of any relevant registered designs to put themselves in the best possible position for claiming financial remedies (e.g. damages) if their design is found to be infringed.
A change in UK law on 1 October 2017 means that design owners now have the option to mark protected products with an internet address for a webpage which clearly identifies the product and any associated design numbers. The webpage must be accessible free of charge and must include a clear association between the product and the relevant registered design number. Design holders should note that it is unlikely to be sufficient to simply provide a web address for a company home page. A similar webmarking system has been in place for patent holders since 1 October 2014.
The change should reduce costs for design owners, and will make it easier to update and publicise information relating to their protected products. The public will also benefit with a simpler means for accessing up-to-date details of products and the registered designs that protect them. The new webmarking system should put UK registered design holders in a stronger position as infringers will have a harder job arguing that they were unaware of the presence of the registered design.
Any queries relating to webmarking or to designs more generally should be directed to any member of the HL Designs team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
