UKIPO launches consultation on proposed changes to UK design framework

In one of the most significant developments to the sector in the past decade, the United Kingdom Intellectual Property Office (UKIPO) has launched a consultation on proposed reforms to the UK’s design laws. The initiative aims to ensure the UK remains competitive in a post-Brexit landscape, particularly in light of rapid advancements in AI and other emerging technologies.

The importance of the UK design sector

The design sector is a cornerstone of UK creativity and innovation: according to statistics cited by the UKIPO, it contributed £97.4 billion to the UK economy in 2019 and employs over 80,665 individuals. Given the size of such contributions, it also punches above its weight: the majority of design businesses are relatively small in scale (with only 9 employees or fewer).

Despite this, numerous stakeholders have complained over recent years that UK design law is overly complex and potentially open to abuse (e.g. people attempting to register designs they do not own). Brexit has also brought potential conflict with the EU’s system, meaning first disclosing a design in one jurisdiction can preclude protection in the other.

Proposed changes

Against this backdrop, the UKIPO’s proposed reforms aim to provide greater legal protections to designers in a rapidly change world and to provide greater certainty as to the overall process and costs of obtaining design protection.

In particular, the UKIPO is exploring proposals to:

1) Strengthen the design regime: by reintroducing search or examination powers (at present, no examination is carried out to assess novelty or individual character of a design);

2) Fight design theft: by introducing mechanisms to challenge dishonest applications or allow third parties to lodge objections;

3) Adapt to current technology: by updating the legal definitions of a “design” (particularly where AI has been involved in its creation) and allowing submissions in modern formats (e.g. CAD files and video clips);

4) Reform overlap with other forms of protection: by creating a streamlined system taking into account other parallel forms of protection such as copyright and supplementary unregistered design right; and

5) Strengthen enforcement powers: by allowing registered design cases into the Intellectual Property Enterprise Court’s small claims track and potentially introducing criminal sanctions for design infringement.

Briffa comment

Over the past 30 years, we have supported thousands of design businesses and played a pivotal role in some of the most significant cases in this field. We have represented clients before the UK Intellectual Property Office and the Intellectual Property Enterprise Court, all the way up to the High Court and the Supreme Court.

Our expertise positions us uniquely to comment on this issue, and we look forward to contributing to the proposed reforms. If you would like to discuss any of these issues or would like tailored advice on how the changes to design law will affect you or your business, please get in touch with your usual contact or info@briffa.com.

Written by Tom Synott – Partner