The designs framework helps designers to defend and enforce their rights. The request for views sought opinions and evidence on ways to strengthen the UK design framework. This will assist the government in ensuring that the UK’s design framework works for the designers, companies, and consumers that rely on it.
Responses to the appeal for input came in three general categories; new possibilities, future technology, and improved regulation. The government response summarises the replies received. It identifies concerns for additional study, as well as opportunities for further dialogue. Among these concerns are:
- how to simplify the designs regime, in particular for unregistered designs
- how to improve guidance for designers, including those who do not normally engage with government directly
- options around search and examination
- the relationship between design and copyright law, and if there is a need for reform or guidance
- concerns about disclosure requirements for supplementary unregistered designs, including uncertainty in relation to simultaneous disclosure
- if the current format requirements for how designs are represented should be updated
- how to ensure the designs system is flexible enough to support developments in technology
- options for a possible deferment provision
- measures that could be introduced to make enforcement easier for all rights owners
- evidence to support views on the extension of criminal sanctions for unregistered design infringement
The design sector in the United Kingdom is thriving. A design framework that promotes designers and welcomes foreign investment would help the UK gain a competitive advantage. Following the UK’s exit from the European Union (EU), we now have fresh options for defining the domestic designs regime. As the UK negotiates trade arrangements with foreign partners, a contemporary and adaptable design framework will assist our design industry capitalise on these new opportunities and flourish.
The Intellectual Property Office’s Chief Executive, Tim Moss, said:
“In a competitive global marketplace, great design helps UK products stand out, demonstrate quality and reach new customers all over the world.
“The designs framework is a crucial element of our IP system. Through this review, we want to ensure it remains fit to embrace the challenges of an increasingly digital future, helping to unleash the potential of the UK’s creative and innovative industries.”
Matthew Ridley, Chair of Chartered Institute of Patent Attorneys’ Designs and Copyright Committee, said:
“We have appreciated the opportunity to respond to the call for views, and look forward to providing further input at consultation. We are pleased that the government response acknowledges the benefits of the existing speed and value of the UK designs registration system.
“Further consultation will provide further opportunity to identify improvements to the UK design framework – particularly in the areas of simplifying the unregistered design and copyright systems, considering the searching and examination of registered designs and implementing a harmonised deferment provision under UK law. We look forward to further engagement with government on these important areas.”
Cat Drew, Chief Design Officer at the Design Council said:
“The design economy is a significant and growing contributor to economic growth. Our departure from the EU, the disruption of the Covid pandemic and the climate emergency are seeing us reconfigure and re-establish global trade routes. An IP framework that supports all designers, and protects sustainable and equitable innovation will help ensure the design economy remains a major driver of exports.
“The climate emergency requires us to redesign almost every aspect of our lives. Global collaboration is crucial. We need an IP system that allows ideas to be shared and spread, protecting and rewarding imagination and creativity.
“We welcome the IPO’s recognition that these are complex issues, and look forward to working with them on further consultation to get this challenge right.”