You should take the allegation seriously, and it is best to seek professional advice as soon as possible.

A patent attorney can assess whether or not you are actually infringing the rights and, if necessary, if there are any defences to infringement.

Then, depending upon the circumstances, an appropriate strategy can be developed for responding to the allegation of infringement. This could, for example, involve arguing that there is no infringement and/or that the rights are invalid or making an offer to settle or to take a licence under the rights.

The appropriate way to address a particular allegation of design infringement will depend upon the legal, factual and commercial situation. The majority of design infringement disputes are settled out of court.

Wilson Gunn can advise on all aspects of intellectual property protection. Please get in touch to speak to a member of our team about design protection.