The UK government has launched a consultation on reforms aimed at creating a new designs framework, purpose-built for today's digital landscape and better equipped to support and stimulate UK creativity and innovation.
The consultation will explore all facets of design law reform. This includes the proposed introduction of a higher-cost, more rigorous application process for registered designs, a potentially fundamental rewrite of the unregistered design right (UDR) system, and new considerations such as registered design cases and an Intellectual Property Enterprise Court (IPEC) small-claims track. It will also invite evidence on the possible expansion of design law criminal offences.
We've reviewed the consultation proposals in detail, held extensive discussions with the Intellectual Property Office (UKIPO), and distilled the key takeaways for designers, business owners, and industry associations. Below, we break down the current considerations and we'll be publishing further commentary on specific aspects of the consultation over the coming weeks.
Here's what you need to know
This is the first comprehensive review of the UK's design law regime in well over a decade, and the proposed changes are the most extensive in a generation. The government is proposing an overhaul of the current design framework given the rapid emergence of AI-driven tools, technological innovation and ever-changing market conditions. This consultation is wide-ranging and could lead to significant changes in how design rights are protected and enforced, and it will have a real impact on all designers and design-led businesses. We cannot emphasise strongly enough how important it is that all companies engage with this as early as possible – we can help if you need a better understanding of how it may affect you.
The proposed reforms will fundamentally alter the way your business protects and manages its designs and may affect your rights, obligations and strategies for innovation and product development. We recommend keeping a close eye on developments, as the consultation is extensive and covers many aspects of design law.
If you would like tailored advice on how to respond to this consultation, and advice on how it might affect you, please contact us as soon as possible.
Key proposals
- Change to search and examination proposals. As the current, very low cost, system contains no search or examination on substantive grounds, proposals include introducing a two-stage system, opposition periods and/or explicit bad faith provisions to address various issues with the current system. The introduction of such proposals will be a potential trade-off between speed, cost and quality of designs and will inevitably make a material difference to how designs are registered.
- Fundamental re-write of the unregistered design right
system. The consultation proposes a simplification and
consolidation of the current UDR system, overhauling the current
system which is a complex patchwork of overlapping rights. Our
primary concern with these proposals is the fundamental need to
protect the features of the existing, valuable, UK unregistered
design right.
We have taken a large number of designs cases to court, and in our experience the UK unregistered design right system is very strong. We have consistently found it to be one of the most effective ways of protecting our clients' products. These proposals will fundamentally affect the scope of protection and duration of unregistered design rights, so early engagement and tailored advice is recommended to ensure you are prepared for any reforms. - Call for evidence on introduction of criminal sanctions for UDR. This proposal remains hugely controversial. Criminal sanctions for registered designs were introduced over a decade ago and have barely been used since their implementation. Whilst there are currently no proposals for UDR criminal sanctions, due to the wide-ranging views on this issue, the consultation is calling for evidence to inform any future policy decision.
- Introduction of simultaneous disclosure.
Following Brexit, the lack of mutual recognition of disclosure has
created practical difficulties for designers on the territories in
which they can obtain unregistered design protection. A disclosure
in either the UK or EU fails to give rise to protection in the
other. The consultation proposes amendments to deal with this
post-Brexit fallout.
The proposed introduction of simultaneous disclosure could materially affect the number of design rights held in the UK, which we suspect will be very popular with some businesses but less popular with others. Either way, we have been calling for certainty in this area for a long time and are pleased to see it form such an important aspect of this consultation. - Deferment. The consultation is looking at the rules surrounding allowed delayed publication and registration with the aim to create more consistency across jurisdictions, improve clarity and streamline the system. These provisions are called for by companies that wish to obtain protection but keep the designs confidential pre-launch. The decision on this issue is not straightforward, as the deferment rules will have an effect on any future search and examination procedures that may be introduced.
- Reform for GUI's and animated designs. The proposals around graphical user interfaces and animated designs seek to modernise design law by broadening the scope of designs to ensure the system is flexible enough to deal with advancing technologies and meeting the needs of users.
- Computer-generated designs. The proposals here take a broader look at AI in the industry, calling for consistency across IP rights in relation to AI. Given the interplay with the Copyright and AI consultation, this is a great opportunity to feed in views given the latter is now closed.
- IPEC Small Claims Track and registered design claims. The consultation calls for evidence on the introduction of registered design cases in IPEC small-claims track. We support this proposal and do not think it will be controversial. If you have any evidence to support the proposal (or against it), now is the time to provide this.
- Miscellaneous provisions. This legislative review is a once in a generation opportunity to have primary legislation on designs. The government is therefore using this to sweep-up a number of smaller issues to provide greater consistency, improve clarity and streamline the IPO's designs practice.
What should you do now?
This will make a material difference to your business and is a key opportunity for you to influence the shape of future designs legislation and ensure that reforms reflect the practical realities you experience on the ground.
The consultation closes on 27 November 2025, with a bill expected to be presented to Parliament in late 2026/early 2027. It is likely that any changes to the law will come into effect later in 2027.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
