The UK Intellectual Property Office (IPO) is consulting on the future of the UK's designs framework. This article provides a strategic overview of the proposed changes and their potential impact on intellectual property rights, offering a clear perspective on these important developments.
Why This Consultation is Timely
The UK's design sector is a powerful engine for the economy, contributing an estimated £100 billion annually and supporting nearly 2 million jobs. Despite this, the current system hasn't been comprehensively updated since 2016. In light of technological advancements and the UK's departure from the European Union, a modern framework is essential. The consultation's primary objective is to simplify UK design law and make it more accessible, particularly for the 80,000 design businesses across the country, as small firms make up 92% of the sector.
The IPO recognises that the existing system's complexity can be a major hurdle. There are confusing overlapping rights and issues with bad faith filings, which can lead to design theft. The current framework also struggles to keep pace with digital innovation and the complexities that have emerged from post-Brexit trade.
The Strategic Importance for Business
Engaging with this consultation is crucial for any business that relies on design protection. The outcomes will directly influence how companies register, protect, and enforce their IP rights in the UK. A more streamlined framework for design registration could reduce complexity and costs, providing a notable competitive advantage.
Anticipated Changes and Their Business Impact
The consultation focuses on simplifying the process of managing intellectual property. Key areas of potential reform include:
Tackling Abuse: Proposing new measures to combat design theft and dishonest applications, including "bad faith provisions" and strengthened search powers.
Streamlining Processes: Simplifying complex, overlapping rights to create a clearer, more consistent system.
Modernising for the Digital Age: Exploring the use of modern formats like video clips and CAD files in applications, and even considering protection for designs created entirely by AI.
Strengthening Enforcement: Proposals to make justice more accessible for small businesses through a new small claims court track for design disputes.
Resolving Post-Brexit Complexities: Seeking practical solutions to address challenges where a single disclosure can no longer provide automatic protection in both the UK and EU markets.
A Call for Professional Engagement
This consultation presents a vital opportunity to help shape the future of UK design law. Professionals are strongly encouraged to submit their views before the deadline of November 27, 2025. Your input can make a real difference in ensuring the new framework supports a dynamic and innovative economy.
Source: Major Consultation to Strengthen UK’s £100 Billion Design Sector - GOV.UK
