The UK Intellectual Property Office (UKIPO) has taken a step closer to its long-awaited consultation on reforms to the UK designs system.

Re-cap

In 2022 the UKIPO ran a designs survey and a ‘Call for Views’ inviting feedback from the UK design industry on the legal framework for design rights. The Government issued a response in 2022, confirming that a full consultation would follow. (A summary of the Call for Views and its outcome is available in our Spotlight on Designs series, here.)

On 25 February 2025, the UKIPO launched a further survey to gather more views ahead of the full consultation, which is now expected later this year.

Priorities for reform

The survey invites stakeholders to comment on five core principles which UKIPO proposes to follow when considering potential changes to the designs system:

  • Cost – the system should offer value for money.
  • Validity – the system should provide sufficient clarity about the existence and validity of IP rights.
  • Speed – design protection should be quick to obtain and enforce.
  • Choice – the system should provide choice for designers.
  • Simplicity – the system should be as simple as possible.

It also wants to understand if the definition of a ‘design’ remains fit for purpose in an evolving digital age. This is likely prompted by the recent EU design law reforms, which have expanded the definitions of ‘design’ and ‘product’ to allow a wider range of designs to be protected in the EU, including 3D animations and animation sequences (you can read our full summary of the final text of the new EU Design legislation here).

The purpose of the survey

By this survey, the UKIPO is aiming to get its consultation priorities straight, by asking users of the design system which of these principles are the most important to them. It is seeking views from designers and businesses of all sizes, across sectors, and from industry bodies.

Whist these principles may seem uncontroversial, they will not be easy to reconcile.

The range of responses to the Call for Views demonstrates the complexity of the task. Although there was broad consensus on a need for simplification and clarity, easier and cheaper enforcement, and maintaining the ease and value of design registration, it revealed mixed opinions on what this means in practice.

Respondents were divided, for example, on whether oversimplification might result in gaps in protection and a loss of rights. Others were concerned that a cheap and speedy registration system creates greater uncertainty and risks undermining the value of registered designs. The possible introduction of criminal sanctions for unregistered design infringements is also contested.

Why it matters

The UKIPO faces a difficult task in balancing competing priorities and minimising the risk of improving one aspect of the system at the expense of another. The survey will play a key part in setting the direction of travel for the consultation, and determining the focus of the UKIPO’s reform agenda.

It is therefore essential for all users of the designs system – whether big or small – to take this opportunity to make their voices heard on the issues that matter to them the most. The Government is also keen to engage with ‘hard to reach’ designers who may have a low level of knowledge and understanding of design rights, and who need the most support.

How to respond

The online survey is now open and can be accessed here: Survey on priorities to shape UK system for protecting designs - Intellectual Property Office - Citizen Space

It consists of around 13 concise and user-friendly questions evaluating the importance and effectiveness of various features of the design system. It also invites respondents to make suggestions on specific priorities and concerns. We would encourage all designers and design-led businesses to participate.

The survey closes on 1 April 2025.