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Earlier this year, independent designer Sonia Edwards brought a claim against fast-fashion giant Boohoo before the Intellectual Property Enterprise Court (IPEC), alleging infringement of her unregistered design rights in several garments. This case spotlighted the inherent challenges of relying on unregistered design rights in the UK, particularly around establishing the subsistence of the right, its scope based on its degree of originality, and whether copying occurred rather than independent creation.
For insights on how to compile persuasive evidence, the strategic advantages of IPEC litigation, and practical steps on how to protect and commercialize IP in a fast-moving industry, find further details as published here.
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