A consultation has been launched by the UK Intellectual Property Office which aims to improve the design law regime in the UK by simplifying and modernising the existing framework. This follows arguments that the current regime is no longer fit for purpose in the digital age and in respect of other issues including complications arising from Brexit for designers wishing to protect their designs in both the UK and EU.
The consultation includes measures to improve the registration process, including through optional search and examination powers, bad faith provisions, and new opposition procedures. Further to this, there are proposals to significantly simplify the unregistered design framework which is particularly complex at present.
Challenges posed by the digital age in the design industry are also addressed in the consultation, such as the protection of graphical user interfaces, animated designs, and computer-generated designs. The government has proposed that protection be removed for computer-generated designs without a human author, which aligns with proposals made in their earlier consultation on AI and copyright for copyright works created without a human author. However, they are seeking views from relevant stakeholders as to whether this protection should be removed and, if not, how it should be amended.
The consultation considered a wide variety of complex issues, seeking views on the following:
- the improvement of the registered designs system;
- the simplification of the unregistered designs system;
- potential changes to the way in which disclosures of supplementary unregistered designs are recognised following Brexit;
- issues with enforcement, such as a call for evidence in relation to criminal sanctions for design infringement, and inclusion of registered designs in the IPEC small claims track; and
- a variety of smaller proposed changes which will simplify the design protection system for users.
Engagement with the consultation will shape the future of the design law framework in the UK and it will be interesting to see the views of relevant stakeholders on the proposed changes. The deadline to respond to the consultation is 27 November 2025.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
