UKIPO launches consultation on changes to the UK designs framework

The UK Intellectual Property Office (UKIPO) has launched a consultation on potential changes to the UK designs system. Responses are due by 27 November 2025.

The UK’s design laws have not been substantially changed for a while (some changes were made in 2016). Since then, there have been advances in technology, the UK has left the EU and the design system has become increasingly complex. The UKIPO also aims to increase uptake of design protection by small and medium-sized enterprises (SMEs).

The consultation explores ways of, for example:

1. Improving the registered designs system –

• Potentially allowing the UKIPO to object to design applications that may not meet the requirements of being ‘novel’ or having ‘individual character’ (e.g. for being generic), or a two-stage process of partially registering designs and requiring examination before enforcing that design.
• Potentially allowing third parties to oppose or provide observations on a design application.
• Potentially adding an express bad faith objection to include re-filed cancelled designs, copies of well-known products, or designs that are anti-competitive.
• Reviewing the length of deferring publication of a design.

2. Simplifying unregistered designs – Whether the overlap with copyright should be clarified, if unregistered design protection should align more closely with registered design protection and whether post-Brexit rights (supplementary unregistered designs) should be amended or consolidated with UK unregistered designs.

3. Improving enforcement – Considering criminal sanctions for intentional infringement and allowing registered design disputes to be heard in the Intellectual Property Enterprise Court (IPEC) small claims track.

4. Clarifying protection for technologies – Whether there should be particular recognition of graphical user interfaces (GUIs), animations and computer-generated designs.

The consultation recognises the economic importance of the UK’s design sector. As the Ministerial Forward notes:

• “The UK’s design sector is a powerhouse of innovation and creativity, contributing £97.4 billion to our economy in 2019 – equivalent to 4.9% of total GVA. Behind these impressive numbers are 80,665 design businesses, the vast majority being microbusinesses with fewer than 9 employees”.   

If you would like to discuss how these proposals may affect your business, please get in touch with our Intellectual Property team.