Cosmetics chain The Body Shop has admitted making a mistake by copying a designer's incense burner without permission.

Peter Wylly has issued proceedings in the Patents Court against the Littlehampton-based retailer, which has more than 300 outlets in the UK and Ireland, including Littlehampton and Worthing.

When Mr Wylly complained, The Body Shop told him it was not in the habit of infringing the intellectual property rights of others.

Its decision to obtain and sell products similar to his was "entirely unintentional and appears simply to have been caused by a lack of communication within what is a large organisation".

Mr Wylly designed his Kool Karma aromatherapy oil burner in 1998. In the style of a Fifties abstract sculpture, the circular ceramic burner enables oil to be heated over a "tea-light" candle.

The designer sold 100,000 of them to The Body Shop in 1999 before the retailer stopped placing orders, telling him the product was not selling.

This summer, he noticed The Body Shop was selling a scaled-down version of his design, made in Taiwan.

He was told the smaller product, the Circle of Life Aroma Jar, had been one of their top sellers over the past two years. It was still on sale last month, priced £10.

The Body Shop offered to pay Mr Wylly 35p for every jar sold outside the United States and Mexico, but he is asking the court to order the company to hand over the entire profits it has made from selling the item.

Mr Wylly, 36, said: "It's very rare for a designer to come up with an innovative yet commercial design. So it was very damaging when The Body Shop pulled out of my supply agreement with them.

"I hardly expected to find my designs still selling two years later in The Body Shop outlets all over the world."

Mr Wylly's solicitor, Robin Fry, from Beachcroft Wansbroughs, said: "All creative professionals are very sensitive to plagiarism and piracy."

A spokesman for The Body Shop told The Argus: "To date we have not been served with any court proceedings with respect to this matter although our solicitors were informed on Friday afternoon court proceedings have been issued against us.

"The Body Shop has acknowledged the mistake and accepted liability in correspondence with Mr Wylly's solicitors.

"We have made an offer to settle his claim for compensation. This has not been accepted and settlement negotiations with regard to the level of compensation are ongoing between our solicitors and Mr Wylly's.

"We have withdrawn all jars from our company stores where he has rights in the design, which excludes US and Mexico.

"We are in the process of destroying these jars and will provide a signed declaration verifying their destruction to Mr Wylly."

Mr Wylly's clients include The Conran Shop, Habitat and Romeo Gigli.

The Body Shop sells products like Brazil nut body butter and lavender salt scrubs, and was one of the icons of the Eighties High Street but was recently forced into action after rivals nibbled away at its market.

The changes saw the company's founder, Anita Roddick, 60, who lives near Slindon, step down from her position as co-chairman.