Design Law Changes Coming Into Effect Today – 1 October 2014

Main provisions of the Intellectual Property Act 2014 (the "Act") come into force today, introducing a number of changes. The key points are:

1. New criminal offence for copying a registered design
2. Changes to design ownership in relation to commissioned designs
3. Allowed private use of unregistered designs
4. Introduction of a design opinions service 

1.  Intentional copying of a design under the "Act" is now a criminal offence where a person or a company can face imprisonment for up to 10 years if found guilty.

-  Unlike civil sanctions, any criminal offence has to be proved to the higher standard of "beyond all reasonable doubt".

-  Accidental and incidental use is not considered a criminal offence.