Major Consultation on the largest modernization of design protection framework in 20 years to Strengthen the UK’s Design Industry

Fighting design theft – Proposing search and examination powers to identify and reject designs that lack novelty or individual character, particularly targeting anti-competitive filings. The government is also proposing bad faith provisions to prevent dishonest applications for well-known products or designs not owned by the applicant.  

Streamlining processes – Potential changes to make the system simpler, including harmonizing time limits and procedures across different types of design protection, consolidating the complex patchwork of unregistered designs and providing clearer guidance that can be understood without requiring legal expertise. We are also considering introducing formal deferment provisions allowing applicants to keep designs confidential for up to 18 months. This may particularly benefit sectors with long production cycles. 

Resolving post-Brexit complexities – Providing certainty for UK businesses who operate internationally. The government is exploring practical solutions to address challenges where designs can no longer gain automatic protection across UK and EU markets through single disclosure.  

Strengthening enforcement and access to justice - Exploring creating a small claims court track within the Intellectual Property Enterprise Court specifically for design disputes, making enforcement more accessible and affordable for small businesses.  

Modernizing for the digital age – Proposals include allowing applicants to submit new file formats such as video clips and CAD files when applying for design protection. The government is also consulting on updating legal definitions to ensure future industries and technologies can benefit from design protection. Additionally, the government is considering whether designs created entirely by AI should receive protection.

Economic Power and Reach

Design Economy 2022: In 2019, design injected an eye‑watering £97.4 billion into UK Gross Value Added and directly employed 1.97 million people—about 1 in every 20 workers. The report also notes that design-related roles generated £177 billion GVA, contributing 10% of the UK economy. (Source: Design Council – Design Economy 2022 Full Report)

2025 Consultation: The UK Government affirms that the design sector contributes nearly £100 billion annually, includes approximately 80,000 design businesses, and supports nearly 2 million jobs. (Source: GOV.UK – Major Consultation to Strengthen UK’s £100bn Design Sector)

Intellectual Property & Legal Framework Modernisation

Consultation Highlights:
- Tackles system complexity and abuse, including overlapping rights and design theft.
- Proposes novelty checks, bad-faith provisions, and formal deferment to protect confidential designs up to 18 months in advance.
- Addresses post‑Brexit challenges, aiming to establish continuity of protection between UK and EU markets.
- Advocates for a small claims court track in the IP Enterprise Court to streamline enforcement for small firms.
- Embraces digital innovation by accepting video/CAD formats, updating definitions around AI-generated and animated designs.

For independent creators to major manufacturers—this could be the most impactful reform of design protection in decades.

Skills, Regions & Workforce Development

Design Economy 2022: Highlights that design careers grew at twice the UK average (2011–2019) and demonstrated a 29% productivity boost over peers. Yet, digital and green design skills remain in shortage.

Consultation Implication: By simplifying legal frameworks and reducing barriers, the consultation indirectly supports wider access to design careers—particularly for smaller businesses and SMEs.

Sustainability & Net Zero Commitment

Design Economy 2022: Declares 'Design for Planet is not optional – it is critical if we are to meet our Net Zero commitments.'

Consultation: While sustainability isn’t its direct focus, the changes empower designers to protect eco-innovations—like animated interfaces or green packaging—within a modern IP framework.

Diversity & Inclusion

Design Economy 2022: Warns that only 13% of design workers are from minority ethnic groups, with women underrepresented in leadership, calling for a design sector reflective of society.

Consultation: Doesn’t directly address diversity, but clearer and more accessible legal systems can lower entry barriers—particularly benefiting under-represented groups and solo creatives.

Global Competitiveness & Reform Momentum

Design Economy 2022: Stresses that while the UK remains a creative leader, competitors in the US, China, and EU are investing heavily.

Consultation: Seeks to future-proof design protection, ensuring the UK remains a global design powerhouse by tackling legal inefficiencies and embracing digital innovation.

References & Source Links

Design Council – Design Economy 2022: https://www.designcouncil.org.uk/fileadmin/uploads/dc/Documents/Design_Economy_2022_Full_Report.pdf

Enterprise Research Centre – National Release Summary: https://www.enterpriseresearch.ac.uk/wp-content/uploads/2022/07/National-Release-Design-Economy.pdf

UK Government – Major Consultation to Strengthen UK’s £100bn Design Sector: https://www.gov.uk/government/news/major-consultation-to-strengthen-uks-100-billion-design-sector

Gov.uk – Consultation on Changes to the UK Designs Framework: https://www.gov.uk/government/consultations/consultation-on-changes-to-the-uk-designs-framework/consultation-on-changes-to-the-uk-designs-framework

Trademark Lawyer Magazine – Reform Details: https://trademarklawyermagazine.com/major-consultation-to-strengthen-uks-100-billion-design-sector/