Overdue design consultation now in the UK
The UK Intellectual Property Office (IPO) has taken a significant step towards modernizing the country's design industry by launching a consultation aimed at reforming the UK's £100 billion design sector. The consultation, published in 2023, was initiated by the Design Council, an organisation that aims to face the challenges of the age of artificial intelligence and geopolitical changes.
The proposals, if implemented, could lead to the most significant transformation of UK design protection in a decade. The consultation seeks views from various sectors of the design community to help shape future reforms.
One of the key areas of focus is the streamlining of application processes. Proposals include harmonizing certain time limits, evidencing priority claims more easily, and making it easier to rectify the designs register. These changes aim to make the process more efficient and less burdensome for designers.
The consultation also highlights the new complexities created by Brexit, as designs can no longer get automatic protection in both UK and EU markets. To address this, the government is considering harmonization with the EU's designs system in many cases for the reformed UK system. A mechanism is proposed to allow third parties to formally oppose a design registration or submit comments to the IPO.
Another significant proposal is the potential inclusion of registered design claims in the Small Claims Track (SCT) of the Intellectual Property Enterprise Court (IPEC). This would enable speedy and cost-effective redress for rights owners, particularly beneficial for Small and Medium Enterprises (SMEs) and companies in the retail and Fast-Moving Consumer Goods (FMCG) sectors.
The consultation also calls for evidence on whether criminal sanctions for infringement should be extended to unregistered designs. While criminal sanctions were introduced for unauthorized copying of registered designs in the UK in 2014, the practicalities of introducing such sanctions for unregistered designs are unclear.
The IPO recognizes that reform is needed for clarification around the territory in which first disclosure of a design would cause UK supplementary unregistered design (SUD) protection to arise. A 'bad faith' provision similar to that for trade marks is proposed to curb anti-competitive practices around seeking design protection.
However, designs created solely by AI are not recommended to get design protection. Strong intellectual property protection, including design rights, is crucial for British designers to compete and innovate. The government has not expressed a preference on this, leaving it to designers to respond on what the future position should be based on the practicalities of undertaking business cross-border.
The consultation focuses on nine key areas of reform. These include clarifying the territorial scope of design protection, simplifying the design application process, and providing more effective enforcement mechanisms. The proposals aim to create a more efficient, effective, and competitive design industry in the UK, strengthening Britain's position as a global design powerhouse.
Read also:
- Trade Disputes Escalate: Trump Imposes Tariffs, India Retaliates; threatened boycott ranges from McDonald's, Coca-Cola to iPhones
- Aquatech purchases Koch's Direct Lithium Extraction business, merging Li-ProTM DLE technology into the PEARLTM Technology Platform.
- Nepal's Journey: Evolution from Street Life to Political Power
- Li Auto faces scrutiny after crash test involving i8 model and a truck manufacturer sparks controversy
