A recent Patents County Court case has analysed the requirements for infringement of unregistered design rights ("UDR") and highlights the importance of documenting the design process.
The Claimant, 'APL', claimed that the Defendant, 'Nampak', had infringed their UDR relating to their design of packaging for tortilla wraps. A copy of the case report can be found here.
APL manufactured and supplied their tortilla packaging to Sainsbury's between 2006 to 2008 through an intermediary. In 2008, Sainsbury's changed its packaging supplier to Nampak. APL subsequently brought a claim against Nampak claiming the Defendant's product was an infringing copy ...