Design Enforcement and Infringement

A properly registered and certified design can be protected using the provisions of the Designs Act. If your certified design is being used without permission, it’s crucial to act swiftly to protect your intellectual property and maintain your competitive advantage. Sanicki Lawyers offers expert legal services to enforce your design rights and address infringement.

According to s 71 of the Design Act, someone infringes on your design if they make a product with a design identical to, or substantially similar in overall impression to your design. It is also an infringement to import such a product into Australia for sale.

We assist individuals and businesses in identifying and addressing unauthorised use of their designs, whether online, in retail, or within the manufacturing sector. Our team is experienced in managing cease-and-desist notices, negotiating settlements, and pursuing legal action against infringers.

If your design is being copied or reproduced without consent, we will guide you through the enforcement process, helping you secure remedies such as damages, account of profits, or injunctions to prevent further infringement. We also represent clients in disputes over design validity, helping you defend your rights if challenged by others.

Our legal strategies are tailored to the specific needs of each client, providing efficient and effective solutions whether you need to resolve an infringement quickly or pursue litigation for more complex matters. Contact us today to discuss how we can assist with design enforcement and infringement issues.