INTA Designs Committee members Anna McCoy (of McCoy Russell LLP in Portland, Oregon), Joseph J. Conklin (of Coty Inc. New York, New York), and Gabriela Staber (of CMS Vienna), have published an article on the INTA website (https://www.inta.org/enforcing-designs-globally-same-or-different/). To understand both similarities and differences across jurisdictions and to help INTA develop a position on the harmonization of design remedies for its model design law guidelines, the Association’s Designs Committee conducted a survey among its members and obtained input from other INTA members considering issues regarding the global enforcement of designs. The article’s findings cover non-financial and financial remedies that are available for infringement of registered design rights, recovery of attorney fees, and other remedies, such as criminal sanctions and customs proceedings, While survey results indicate that a wide variety of remedies are available for design right infringements, the article concludes that some degree of harmonization could be beneficial to facilitate enforcement of design rights, especially where infringement takes place in many countries simultaneously.
You may read the full article on INTA’s website (https://www.inta.org/enforcing-designs-globally-same-or-different/).
