The UK government has launched its most extensive review of design protection in decades, aiming to modernise the system, tackle abuse, and support the nation’s £100bn design economy.
The consultation was launched by the Intellectual Property Office (IPO) as a result of problems facing the sector, including its reputation as ‘David vs Goliath’ for smaller designers who struggle with costly enforcement and design theft.
Currently, the UK’s overlapping and complex rights system is causing confusion for design businesses, particularly small firms, which comprise 92 per cent of the sector.
From the runways of London Fashion Week to British automotive engineering excellence, an analysis estimates that the design sector contributes nearly £100bn annually to the UK economy, with around 80,000 businesses supporting nearly 2m jobs.
The IPO stated that evidence exists of some applicants registering designs for products not their own, with limited means to address this under current law.
Brexit causes headaches
Another issue that created considerable complexity was Brexit, as designs can no longer receive automatic protection in both the UK and EU markets.
On top of that, the system struggles to keep pace with digital innovation, making it more challenging to protect animated designs and modern interfaces.
The aim of the consultation is to create a modern framework that addresses the outstanding issues the sector faces with the protection system.
Adam Williams, CEO of the IPO, said, “In a rapidly evolving global marketplace, we need a framework that’s not just fit for today, but ready for tomorrow.”
The IPO has called out for expertise from Britain’s design community, including independent creators and luxury brands, as well as tech firms and legal professionals, for insights on reforms.
The consultation runs from 4 September to 27 November, spanning 12 weeks.
Minister for the creative industries, Chris Bryant, said: “Design is at the heart of everything we do as a creative nation. Whether it’s the chair you’re sitting on, the app on your phone, or the car you drive to work, someone has imagined it, crafted it, and brought it to life.”
“However, protecting brilliant design ideas has become unnecessarily complex. If you’re a small business or start-up with an innovative idea, you shouldn’t need extensive legal expertise just to navigate the system.”
“That’s why we’re consulting on simplifying our designs framework. We want to remove the barriers that hold back creators and make protection straightforward and accessible. Because when we get this right, we’re not just supporting individual designers – we’re building the foundation for the next wave of British innovation that will drive growth right across the country,” he added.