0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

no primary design right infringement for importing articles manufactured abroad

7 June 2013

The Patents County Court has dismissed a claim that importing plastic microwave containers manufactured in China into the UK amounted to primary design right infringement (under s226 CDPA 1988), which prevents copying – exactly or substantially – of an unregistered design in the UK). The claim was inconsistent with the CDPA 1988 and the principle of territoriality of IP rights.

It was irrelevant that the manufacture overseas was with the “sole intention” of importing articles into the UK; primary infringement of design rights is not generally dependent on the “motive” of the perpetrator once sufficient copying is established.

It is unclear why the claimant failed to rely on section 227 CDPA 1988 (secondary infringement) in its claim, as this prevents importation without permission and for commercial purposes of an article which the importer knows, or has reason to believe, is an infringing article. Design right holders should ensure they carefully consider the basis of their claim at the outset when seeking to pursue an alleged infringer.

related opinions

More protection required for retailer workers as violence is on the rise, according to latest statistics

Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.

View blog

Retail woes extending beyond the property sector and into financial markets

Some commentators had anticipated that persisting retail sector challenges might disrupt more than the make-up of the high street or commercial property negotiations between landlords and tenants.

View blog

Deadline for registration for all operators and pilots of drones – midnight today!

Mandatory registration under the Drone Safe Drone and Model Aircraft Registration and Education Service starts at 00.00 on 30 November 2019.

View blog

Bailleurs et locataires, vos baux commerciaux sont-ils armés pour résister à l' épreuve du futur?

Durant les deux dernières semaines, nous avons connu vu une nouvelle vague d’annonces concernant de grandes enseignes du commerce britannique.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up