UK registered design question

[Veeshy]

Hi everyone, I was wondering if someone has decent knowledge about UK registered designs and what protection it gives you. So, a quick search online gives me the following info:
- "Registering your design makes it easier to prove:

• that the design is legally yours
• when you created it

This will help if anyone tries to copy or use your design without your permission."

- "A UK registered design gives its proprietor the exclusive right in the United Kingdom to make, use, sell, import and export any product embodying the design, if it is a shape, or bearing the design if it is ornamentation."
Also, I understand that registering a design in UK gives it no protection in other countries.

Today, I noticed that on Amazon there two almost identical items that are being sold. There is an extremely minor difference in design, and one is clearly an almost copy of the other.
One of the 2 items is sold by a UK registered company and their design is registered in UK. The other is sold by a Chinese company. Is this illegal or could it be that the Chinese seller registered this slightly amended design in China and has the right to export this product to anywhere they want? Logic tells me that it is indeed illegal. But as the world is not logical, I decided to post here...
Also one more thing needs to be mentioned, the UK seller started selling their product about a year before registering the design (for whatever reason), the Chinese seller started selling their product a little bit before the design was registered by UK seller. Can that also make a difference?

 

[fisicx]

Also, I understand that registering a design in UK gives it no protection in other countries.

That is correct

Today, I noticed that on Amazon there two almost identical items that are being sold. There is an extremely minor difference in design, and one is clearly an almost copy of the other.
One of the 2 items is sold by a UK registered company and their design is registered in UK. The other is sold by a Chinese company.

Nothing you can do about this. You could try legal action against the Chinese supplier but BMW didn't win when they tried so unless you have a lot of cash to burn it's probably a futile exercise.

 

[MOIC]

Amazon has their rules. If they deemed it illegal to sell (for design infringement), the listing would be removed.

Registering a design does not mean you created the design. The creator of the design has grounds to object if they can prove it’s their design, or has been sold prior to the design being registered by a 3rd party.

It needs an IP lawyer to give professional advice.

@Veeshy are you involved in the example you gave?

 

[Paul Kelly ICHYB]

Report the listing to Amazon.

Are you selling the item in the UK?

To defend your claim, it would cost, at least, thousands, if you employ IP experts/solicitors, but a few letters might work (unlikely).

 

[Veeshy]

Thanks for your replies. I am not involved in the example I provided. I am just observing some really bad tendencies on Amazon, not just out of interest, but because I may get involved in the future with some specific products in mind. It is not the first time I see multiple identical designs on Amazon. But it is one thing if several Chinese sellers do this, or even if several UK sellers do this (I have seen that as well, but in this scenario neither seller had this design registered, and it may well be that neither of them have any sort of exclusive rights to it). In the example that I described it does look like a copycat thing. If registering a design does not mean anything in terms of exclusive rights, I still tend to think that there is an infringement here, because the UK seller looks to be quite successful by several metrics, and I would expect them to do everything to protect their products (what I mean by this is that they must have created the design or bought it such that they have exclusive rights, I don't think this seller is stupid)... In fact, maybe they have already reported it, who knows.

Report the listing to Amazon.

Are you selling the item in the UK?

To defend your claim, it would cost, at least, thousands, if you employ IP experts/solicitors, but a few letters might work (unlikely).

Both are being sold in UK via FBA, yes.