(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.
(2)This section has effect subject to the provisions of Chapter III (exceptions to rights of design right owner).
Cases considering section 227 12
[2000] EWCA Civ 513 · 5 October 2000
Applies secondary infringement to importing and dealing with articles where the defendant knows or has reason to believe that they are infringing articles. The case and handle became infringing articles at different times. (see infringement and reason to believe sections)
[2025] EWHC 2241 (Pat) · 4 September 2025
Applies secondary infringement to possession, sale, hire or offers involving articles known or reasonably believed to be infringing. The defendant’s knowledge was established where the relevant Q Deck Component was an infringing article (see paras [202]-[203]; [263]-[264]).
[2025] EWHC 805 (IPEC) · 3 April 2025
Applies the secondary-infringement requirements that a defendant deal commercially in an infringing article and know or have reason to believe that it is infringing. The claim failed because copying and validity-related elements were not established. (see paras [139]-[140]; [147]-[148])
Applies the requirement for one or more listed commercial dealings with an infringing article. The court identified importing, possession, sale, letting for hire, and offering or exposing for sale or hire as the relevant categories, subject to the separate knowledge requirement. (see paras [139]-[140])
Cites importing into the United Kingdom for commercial purposes as one category of dealing capable of constituting secondary infringement. The court did not separately determine liability under this category. (see para [139]-[140])
Cites possession of an article for commercial purposes as one category of dealing capable of constituting secondary infringement. The court did not separately determine liability under this category. (see para [139]-[140])
Cites selling, letting for hire, or offering or exposing an article for sale or hire in the course of business as a category of dealing capable of constituting secondary infringement. The court did not separately determine liability under this category. (see para [139]-[140])
What each judgment says about section 227 is in the case-law panel in the full Act.