Following an earlier survey and Call for Views in 2022 (discussed in our article here), the UK Intellectual Property Office (UKIPO) has published a Design Review Survey exploring the principles which should shape the future of design protection in the UK, pending a formal consultation expected to take place later this year.
The UKIPO's focus on potential changes to UK design law follows recent changes to the EU designs framework (which we explored here). The UKIPO plans to review the current designs framework in the UK to ensure it is fit for purpose, is 'future proofed' against technological advances and, importantly, that it reflects the needs of those who rely most on the rights afforded by the regime, ie, designers. This update in the UK also follows the adoption by WIPO Member States of the Riyadh Design Law Treaty which will help national design regimes, which differ from territory to territory, to collectively become more predictable, less complex, and more economical, thereby making it easier for designers to apply for design applications in multiple territories. The Treaty will require ratification before it comes into effect.
The UKIPO survey aims to gather brief responses on five overarching principles which it has identified as important to users of the designs system (including designers, design businesses, legal professionals and anyone interested in design) to help guide and structure its consultation. The current survey is brief and primarily serves two purposes. First, it aims to understand the importance that stakeholders place on the following five principles:
- Cost of the designs system
- Validity and clarity about pre-existing rights
- Speed of obtaining and enforcing design protection
- Choice for designers
- Simplicity in the overall system
The survey asks stakeholders a number of questions designed to help the UKIPO better understand what is important to users of the designs system, and the push/pull factors that may arise when considering each of these principles.
Secondly, the survey requests stakeholder input on the definition of 'design' and whether this should be expanded, both to meet the needs of designers and consumers in an increasingly digital age, and in circumstances where a 'design' extends to features perceived by senses other than the visual. The current UK IP protection system for designs relates solely to the appearance of a product, but products can have a "wider sensory experience than visual aesthetics".
The survey is aimed at participants from all industries and sectors using design protection, regardless of their size in the market. The UKIPO will use the responses it receives to help structure the consultation, expected later this year, and ultimately to inform its approach in reforming the UK's design law system.
Given the wide-ranging implications that any potential changes to the current system will have on design-led operations in all industries, anyone benefiting from design rights or working in a design-led business should consider participating in the survey. This is undoubtedly an important opportunity to help shape the legal landscape to better protect designs and, ultimately, the value of the industry.
The UKIPO survey closes on 1 April 2025.