Out-Law News 1 min. read

UK businesses urged to respond to ‘long-awaited’ IPO design protection survey


A recently launched UK Intellectual Property Office (IPO) survey aimed at gathering insights from designers, design businesses and other stakeholders is long awaited and will help shape the future of the design protection system, an expert has said.

The UK government has indicated that it will also launch a formal consultation on design law reform later this year. Ahead of that, a new survey aims to shape the reformed design system in the UK, with stakeholders asked to comment on five proposed principles: cost, validity, speed, choice and simplicity. The responses will shape the nature of the later consultation.

The IPO is particularly interested in understanding which of these principles are most important to users and why. Additionally, the survey aims to explore whether the current definition of a design in intellectual property law meets the needs of designers and consumers in the digital age.

Gill Dennis, intellectual property expert at Pinsent Masons, said: “It is important for businesses to respond to this survey to have their say on how the design system needs to be reformed so that it begins to work properly for them. It has been acknowledged for years that the UK design system is overly complex, a problem arguably exacerbated by Brexit, particularly in terms of the number of design rights available and the scope and nature of the much-misunderstood UK unregistered design right.”

Design protection is the backbone of many businesses from building design to clothing. A design system that works well can help attract designers to the UK, promoting business and in turn boosting the economy. Design reform will impact most sectors and businesses of all types including individuals, entrepreneurs, start-ups, established firms and large corporations. Trade bodies and legal professionals are also invited to respond to the survey.

“Reforms of EU design law are in the process of implementation right now and the UK does not want to get left behind in terms of being the jurisdiction of choice for designers – hence the timing of this survey,” Dennis added.

This initiative is part of the IPO’s ongoing efforts to ensure that the design protection framework in the UK remains robust, efficient and supportive of innovation and creativity. The survey is open for responses until 1 April.

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