How are registered Community designs enforced?

Infringement proceedings to enforce a registered Community design will take place in the Community Design court of an EU member state that has jurisdiction to hear the matter. In Scotland, it is expected that the Court of Session will be designated as the Community design court. Until the Community design court is designated, any cases involving Community designs will still be heard in the Court of Session as the Court of Session already hears cases related to UK designs.

The remedies available against an infringer include an interdict (or injunction) to prevent continued infringement of a registered Community design, seizure of infringing products, or materials or implements used in their manufacture, and damages for past infringements. Interim interdicts may be available to restrain use of a design before the matter has been decided at full trial. In fact, many cases in which interim interdicts are granted never reach full trial. The courts in Scotland tend to be more disposed to granting interim relief than the English courts. This can be a relevant factor in assessing whether to bring an action in Scotland, where a choice of forum exists. If an action is heard in a member state which is the domicile of either the defender or the pursuer, then the court may grant a Europe-wide injunction.