Damages for unintentional design infringement: what do YOU think?

The UK's Intellectual Property Office has just announced that there is to be a consultation on amendments to its design legislation.  According to today's  media release,

"The consultation document [pdf or Word] presents two proposals to equalise the remedies available in the UK for innocent infringement of UK registered designs and Community designs.

It is proposed to either limit the liability of those who unintentionally infringe Community designs in line with the current law governing the infringement of UK registered designs, or alternatively to remove the limitation of liability in respect of unintentional infringement of UK registered designs".

There are five questions to which the IPO would like your answers:

"Q.1 Do you think there is any reason to maintain the status quo i.e. that financial remedies are available for unintentional infringement of a Community design right but not for unintentional  infringement of a UK registered design?

Q.2 What do you think the economic consequences would be for the owner of a Community design right if it cannot get damages for unintentional infringement of its right?

Q.3 Given that the UK register of designs is publicly available and searchable online, is it still necessary to prevent the courts from making an order for financial compensation for unintentional infringement of UK registered designs on the basis that the infringer was not aware and had no reasonable grounds for supposing that the design was registered?

Q.4: What are the economic consequences on users if section 24B of the Registered Designs Act 1949 is repealed? How serious would this be for users?

Q.5: Does the non-availability of an order for financial compensation in the case of unintentional infringement of UK registered designs alter the behaviour of those who use designs? If so, how does it do so?".

The consultation, which is directed to "all interested parties" [so don't respond if you're not interested], closes on 21 March 2011.

If you (i) don't have the time to respond formally, (ii) think you won't have recovered from your end-of-year backlog/hangover before 21 March or (iii) think you've been asked too many questions, you can still give your view by responding to the survey at the top of the Class 99 side bar.