Copyright, Designs and Patents Act 1988, section 253

Threats of infringement proceedings

Part III Design Right

(1) A communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the communication that—

(a)design right subsists in a design, and

(b)a person intends to bring proceedings (whether in a court in the United Kingdom or elsewhere) against another person for infringement of the design right by—

(i)an act done in the United Kingdom, or

(ii)an act which, if done, would be done in the United Kingdom.

(2) References in this section and in section 253C to a “recipient” include, in the case of a communication directed to the public or a section of the public, references to a person to whom the communication is directed.

Definitions used in section 253 2

design

1 (1) In this Act “design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include—

(a)a method or principle of construction, or

(b)features of shape or configuration of an article which—

(i)are dictated solely by the function which the article has to perform, or

(ii)are dependent upon the appearance of another article of which the article is intended by the author of the design to form an integral part.

Defined in Sch.4 para.38 · see it in the full Act

(2) In this Part “design” means the design of ... the shape or configuration (whether internal or external) of the whole or part of an article.

Defined in s.213(2) · see it in the full Act

“design” has the meaning assigned to it by section 1(1) of this Act ;

Defined in Sch.4 para.38 · see it in the full Act
the court

27 (1) In this Act “the court” means—

(a)in England and Wales, the High Court or any patents county court having jurisdiction by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988,

(b)in Scotland, the Court of Session, and

(c)in Northern Ireland, the High Court.

Defined in Sch.4 para.38 · see it in the full Act

“the court” shall be construed in accordance with section 27 of this Act ;

Defined in Sch.4 para.38 · see it in the full Act

Cases considering section 253 4

Total Electrical Solutions UK Limited & Anor v Nortek Electrical Circuits Limited

[2025] EWHC 725 (Ch) · 7 March 2025

The court identifies joint design as a design produced by collaboration where the contributions are not distinct, but finds the design-right pleading insufficiently particularised. (see paras [25], [71]-[72], [96]-[97])

Cassie Creations Ltd v Blackmore & Anor (Rev 1)

[2014] EWHC 2941 (Ch) · 25 July 2014Interprets

Applies the statutory groundless-threats regime to alleged threats concerning infringement of unregistered design rights. The letter was accepted to be a threat, subject to the statutory-protection argument and the remaining issues for trial. (see paras [5]; [33]–[35]) Interprets the equivalent protection for unregistered design-right threats as limited to alleged infringement consisting of making or importing. It does not extend to selling, and the court rejected reading proposed reform into the existing text. (see paras [33]; [43]–[45])

Grimme Landmaschinenfabrik GmbH & Co KG v Scott (t/a Scotts Potato Machinery)

[2009] EWHC 2691 (Pat) · 3 November 2009

Applies the unjustified-threats provision to design-right threats. Because the letter covered all Evolution roller designs while not all infringed, the counterclaim succeeded. (see paras [170]-[177])

What each judgment says about section 253 is in the case-law panel in the full Act.