UK Government Response to Consolation on Design Reforms

The UK government has published its response to the consultation on changes to the UK designs framework. The consultation sought views on a range of issues affecting the UK design system, with the aim of ensuring that it remains fit for purpose, responsive to technological developments, including the rapid advancement of AI, and aligned with evolving international standards.

The consultation outcome includes a number of targeted reforms intended to modernise and improve the UK designs framework. While many of the proposals are welcome, several areas have been left unchanged for now, with the government preferring to monitor developments and gather further evidence before pursuing legislative reform.

A. Targeted search and examination design applications

Currently, UK design applications are not substantively searched or examined for novelty or individual character. Provided that certain formal requirements are met, applications generally proceed directly to registration quickly. 

In recent years, concerns have grown regarding bad-faith filings and anti-competitive registrations, including applications covering generic products or designs that applicants are not entitled to own.

The government has rejected proposals for a two-stage registration and examination system, with respondents expressing concerns that such an approach would increase costs, create complexity and delay enforcement. Instead, the UK Intellectual Property Office (UKIPO) will be given powers to undertake targeted searches and examinations in selected cases. These are expected to focus on applications that raise concerns, such as re-filings of invalidated designs, generic products, or potentially anti-competitive filings.

This appears to be a positive development for users of the design registration system. It retains the UK's traditionally low-cost and efficient route to registration while introducing additional safeguards against questionable filings. The government has also indicated that it will further consider the introduction of a fast-track invalidation process.

B. Deferment

UK registered designs can currently be deferred for up to 12 months from the filing date.

The government intends to align the UK system with both the EU regime and the maximum deferment period available under the Hague System by extending the deferment period to 30 months from the earlier of the filing date or priority date. Once implemented, this change will also apply to Hague applications designating the UK.

C. Graphical user interfaces and animated designs

The government considered whether the UK design system is keeping pace with modern digital products, particularly graphical user interfaces (GUIs), icons, web pages, animations and transitional visual effects.

Since the consultation window closed, the UKIPO has published guidance (Designs Practice Notice 1/26) clarifying examination practice for GUIs, icons and animated designs.

Encouragingly, the government has gone further and confirmed its intention to legislate to update the definition of a design so that designs incorporating animation and transitional effects can be more clearly protected. The government has also indicated that it will consider aligning UK legislation with the recent EU reforms. 

The consultation response further confirms that technical solutions will be explored as part of the UKIPO's wider digital transformation programme to permit the filing of video and 3D file formats. Such formats are already accepted by the EUIPO and are increasingly important for accurately representing complex and animated designs.

In addition, while optional descriptions may currently be filed with UK design applications, they are not published. The government has recognised the benefits of making such descriptions publicly available, particularly for animated designs, and intends to implement publication arrangements in due course.

D. Computer Generated Designs

The consultation recognised that, unlike UK copyright law, UK design law does not currently contain specific provisions dealing with computer-generated designs.

However, the government concluded that there is insufficient evidence at present to justify legislative intervention. As a result, it does not intend to introduce specific provisions for AI-generated designs or create a new ownership regime for such designs.

Instead, the government will continue to monitor developments in AI-assisted design creation and review the position as both the technology and international standards evolve.

E. Miscellaneous

Qualification for Unregistered Rights
Following Brexit, eligibility requirements for certain UK design rights have become more complex. Nevertheless, the government concluded that there is insufficient evidence to justify significant reform and does not currently propose any changes to the qualification criteria for UK design rights.

File Specimens
The government intends to remove the legislative provision allowing applicants to file physical specimens as part of a design application. In practice, this provision is rarely used and no longer reflects modern filing practices.

WIPO DAS
The UKIPO will join the World Intellectual Property Organization's Digital Access Service (WIPO DAS) for designs. This will allow applicants to obtain and use DAS access codes when claiming priority between participating offices, helping to simplify the priority process and reduce administrative burden.

F. Overlap of Designs and Copyright

The UK currently maintains a complex landscape of overlapping rights, including UK Unregistered Design Right (UKUDR), Supplementary Unregistered Design (SUD), and copyright protection.

Many respondents favoured simplification of the unregistered design regime and greater certainty regarding the relationship between design rights and copyright. However, views differed significantly on how this should be achieved.

The government has therefore decided not to introduce immediate substantive reforms to the unregistered design system and will not alter the current relationship between copyright and design rights at this stage. 

G. Post-Brexit Issues

The government acknowledged that Brexit has introduced additional complexity for unregistered design protection, particularly in relation to first disclosure requirements. The government, however, concluded that there is no straightforward domestic legislative solution and does not currently propose any reforms in this area. As a result, if seeking to obtain unregistered rights in a particular jurisdiction (e.g. the UK or the EU) careful disclosure planning remains essential. 

Overall, the consultation outcome represents a positive step forward for the UK design system. The government has identified several areas in need of modernisation and has committed to reforms that should improve the protection of digital designs, animated interfaces and innovative products while preserving the speed and cost-effectiveness that make the UK registration system attractive to users.

That said, some of the more ambitious reforms appear likely to take longer to materialise. In particular, it is disappointing that the UKIPO is only exploring the future acceptance of video and 3D representations as part of its broader digital transformation programme. These formats are already accepted by the EUIPO and would provide applicants with a more effective means of protecting increasingly sophisticated digital and animated designs.

We look forward to seeing how and when these UK design reforms will be legislated and implemented. Please contact Mike Shaw, Amy Morris, or another member of our Designs Team if you would like to know more.

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