Managing Design IP in the UK - Does the End Justify the Means?

This paper discusses the value of design rights using the example of UK's most high-profile case of design right litigation: Trunki, a ride-on travel case for children. Rob Law MBE invented Trunki in 1996. He registered it as a design in 2002 in the UK, and in 2003 with the Office for Harmonization in the Internal Market (OHIM), now EUIPO. The design has since been emulated by competitors in countries across the globe. Law's company Magmatic Ltd successfully challenged most imitators, until one succeeded in defending their rights on a product that was ‘inspired by Trunki’: PMS International and their so-called Kiddee case in 2012. This paper discusses lessons that can be learned from the case. Magmatic Ltd successfully defended their unregistered design right, but not their registered design right - Why? How do different forms of IP compare? How does a lengthy court process affect the running of a small design firm? How can IP legislation be enhanced to foster innovation more effectively?

Citation:
Hillner, Matthias. "Managing Design IP in the UK - Does the End Justify the Means?" Conference proceedings of the Design Management Academy, vol. X, 2017, pp. 539-562, doi:10.21606/dma.2017.45.