Infringement of design registrations

Effect of a design

The effect of a design registration is to grant to the registered proprietor in the Republic, the right to exclude others from making, importing, using or disposing of articles included within the class in which the design is registered, which articles embody the design or a design not substantially different.

Infringement

If infringement is established, the plaintiff will be entitled to-

• an interdict;
• surrender of infringing articles or products of which the infringing article forms an inseparable part;
• damages; or
• in lieu of damages, at the option of the plaintiff, an amount calculated on the basis of a reasonable royalty

Please contact us for more information in regard to infringement proceedings and related aspects, or in regard to litigation in general.