UK government launches consultation to reform IP protection for design sector

The UK government has launched a new comprehensive consultation to explore potential reforms for the region’s design sector, with a particular focus on modernising intellectual property (IP) protection in a post-Brexit landscape.

With this, the government said it is seeking expertise from the UK’s design community, from independent creators to large tech firms, to garner insights that will shape future reforms. At its core, the plan will zone in on tackling a complex and often abused system, in turn combatting design theft and providing guidance for UK businesses.

The consultation will run for 12 weeks, from September 4 to November 27.

“From Mini to Burberry and the London Underground map, British design is renowned worldwide for its creativity and innovation. It contributes almost 100 billion pounds to our economy – supporting the growth which is powering this government’s Plan for Change,” Feryal Clark, minister for IP, said in a statement.

Clark continued: “These reforms will help remove barriers and make it easier for designers for all shapes and sizes to protect their creations – cementing our position as one of the world’s leading destinations for design investment and innovation.”

In targeting IP protection and modernising such a framework, the reforms hope to help the UK maintain its competitive edge, reflect the current digital age and streamline protection processes.

Among the proposed changes is the introduction of bad faith provisions to prevent dishonest applications; formal deferment provisions for confidential applications; small claims court track for design disputes; the ability to submit new file formats when applying for protection; and updating legal definitions to ensure future industries can benefit.

Speaking on the reforms, minister for the creative industries, Christ Bryant, recognised the need for small businesses or start-ups to have easy access to legal expertise to navigate the system.

Bryant added: “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.”

Creative industries welcome proposed reform

Upon announcing the consultation, leaders within the creative industry, including those associated with textile, fashion and retail, welcomed the proposals and urged their respective members to have their say in shaping future legislation.

Minni Moll, CEO of the Design Council: “The Design Council strongly welcomes the government’s ambition to transform the UK’s design protection system, modernising and simplifying it to ensure it meets the needs of all those in the design economy. This consultation represents the kind of forward-thinking approach our sector values – one that recognises design’s vital contribution to the economy and the opportunities to enhance creativity and innovation.

“The government’s ambition to streamline and modernise the system will benefit our community. Through our network of 250 Design Council experts across every discipline, we’ll ensure the consultation benefits from the practical insights of designers, bringing real-world experience to inform these important changes.”

Paul Alger, international business director for the UK Fashion and Textile Association (UKFTA): “Design protection is vital for the UK’s creative fashion and textiles sector, particularly as new technologies like AI create fresh challenges for protecting creative work.

“The UKFTA welcomes this consultation and is committed to working with the IPO to ensure robust design rights and effective protection mechanisms that support UK creatives and help build a world-class design rights framework.”

Ben Massey, CEO of the National Association of Jewellers: “The jewellery and allied trades sector is built on creativity and original design, and we welcome this consultation to strengthen design protection. The UK Jewellery, Silverware and Allied Crafts Roundtable welcomes the government exploring ways to better support small jewellers and designers in protecting their unique creations.

“From intricate hand-carved pieces to cutting-edge CAD systems, our industry thrives on craftsmanship and original thinking. Strong, accessible design protection helps our creative community flourish with confidence. I encourage all jewellers, silversmiths and allied crafts professionals to share their views and help shape the future of design protection for our industry.”

Helen Brocklebank, CEO of Walpole: “A robust IP framework is a key enabler of UK luxury’s 81 billion pound annual value to the economy, supporting jobs, attracting investment and driving growth.

“Luxury brands rely on design rights to protect unique visual aspects of their products. It is essential to protect and enhance these IP rights to safeguard the UK’s position as the best place in the world to operate a luxury business, so I would urge Walpole members and all luxury brands to engage with this consultation.”

Helen Dickinson, CEO of the British Retail Consortium (BRC): “The BRC welcomes the government’s consultation on modernising the UK’s design protection system. Design is fundamental to retail success - from innovative packaging and store layouts to digital interfaces that enhance the customer experience. Our retail members depend on effective design protection to differentiate their products and drive innovation across both physical and digital channels.

“We encourage all retailers to actively engage with this consultation to ensure their voices are heard and their needs are properly understood as the government considers the future of UK design protection.”