Infringement arises when an individual, business or company uses someone else’s intellectual property without first obtaining legal permission from its owner. However, proving this issue can be challenging and is highly dependent on the circumstances of the case and its decision-makers. This stems from the fact that intellectual property rights are determined by likeness and extent, meaning that anything beyond exact replicas could be considered infringement.
Creative works often borrow from, acknowledge, or reflect prior concepts and media, making the boundaries of intellectual property use a common area of debate concerning the context and degree of appropriation. This means that many disputes fall into grey, borderline areas.
Design vs patents
Design rights are concerned with how products look, whereas patents safeguard novel technical aspects or inventions. In the UK, design law does not protect a design if its technical function is the sole determinant of every feature. The courts acknowledge the “doctrine of equivalents,” meaning that slight or insignificant changes to a product can still infringe on IP if the outcome is the same. However, distinction between legitimate improvements and copying can be quite complex and difficult to navigate.
Assessment of similarity and intent
Judges in copyright cases use a subjective assessment to determine if a substantial, core creative element of the original work was copied.
Courts consider the marketing methods of the product, the target customers, and broader circumstances that may offer insight on whether there was an intention to replicate and replace the original product. Evidence of a competitor’s intention to copy IP is also a key consideration in court decisions.
Despite there being elements of unreliability because these factors are largely up to the judges’ interpretation, case law is useful in refining and consolidating these standards. For example, Thatchers v Aldi [2025] was a key case in consolidating extended trademark protection, where it was confirmed that discount supermarket Aldi’s use of lookalike labelling for its lemon cider product took unfair advantage of Thatchers.
Complying with copyright and IP laws
When drawing inspiration from copyrighted material, it is best to be cautious and seek early legal advice. Conversely, if you are worried a competitor might create a copycat or parody of your content, it is also sensible to seek prompt advice. It is always better to consult professionals before conflict happens in the matters of copyright, especially where the prevalence of borderline infringements and legal grey areas exist.
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Contact Nath Solicitors in London on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.