[GERGE]

Actually, book designs are protected as an intellectual property of the publisher. So, if the pirate registered her design (not as the design on book x, but as an ebook template), then yes, publisher can't use it. But the intellectual property owner needs to sue herself, I don't see this happening. But the pirated ebook's design might also be pirated from a legitimate ebook; so, publishers shouldn't do this.

Same thing applies to the ebooks designed in other countries (like USA and UK versions), they can't use each other's designs without permission.

Wipo has a documents about this, check it.

PS. This is what I know, but I didn't check any codes or international agreements. I might be remembering something wrong. This is arcane knowledge =) (as in never actually becomes relevant as far as I know, just there to be there.)