![IP-2022-000020 - [2023] EWHC 1303 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
Legal context
Legal context
Section 227 provides as follows:
Secondary infringement: importing or dealing with infringing article.
(1)Design right is infringed by a person who, without the licence of the design right owner—
(a)imports into the United Kingdom for commercial purposes, or
(b)has in his possession for commercial purposes, or
(c)sells, lets for hire, or offers or exposes for sale or hire, in the course of a business,
an article which is, and which he knows or has reason to believe is, an infringing article.
The effect of these provisions and the application thereof was analysed in Action Storage by HHJ Hacon: see [83]-[87], [103]-[107].
- Heading
- Introduction
- The witnesses
- Subsistence
- Analysis
- Primary infringement, s 226 of the Act
- Section 228(2) applies to articles made in the United Kingdom, and s 228(3) applies to articles made elsewhere. See also Russell-Clarke & Howe on Industrial Designs , 10 th Edition, at 4-091 to 4-092
- Analysis
- Secondary infringement, s 227 of the Act
- Legal context
- Analysis
- Conclusions