Key proposals
Targeting ‘design theft’
The consultation proposes reintroducing search and examination powers to help identify and object to designs lacking novelty and individual character. The options include a two-stage system enabling designs to be partially registered, with a search and examination required before enforcement.
There are proposals to tackle design applications made with dishonest intent by introducing a 'bad faith' provision into design law, giving the Intellectual Property Office ("IPO") power to object to applications filed in bad faith.
Current design law provides no mechanism to allow third parties to oppose design applications or provide observations to the IPO. The consultation includes proposals to introduce opposition and observation periods, acknowledging the need to balance preservation of speed and efficiency of the current design registration system with protecting legitimate business interests.
A formal deferment period for publication and registration of a design has been suggested, enabling applicants to keep their designs confidential for a period of time. Options include an 18-month deferment period.
Overhauling the unregistered designs system
Designs in the UK can be protected in various ways, creating a patchwork of overlapping rights which can be difficult to navigate, particularly where unregistered design rights are concerned.
The consultation seeks views on two proposals to simplify the unregistered designs system. One offers maximum simplification by retaining supplementary unregistered design (“SUD”) and abolishing UK unregistered design right. It is acknowledged that some designs qualifying for UK unregistered design right would not qualify for SUD protection, reducing the scope of designs that can be protected.
The other option proposes consolidation of existing unregistered design rights into a single unregistered design framework. Various levels of harmonisation are proposed from keeping two separate rights, to creation of a fully consolidated right. As a minimum the government's preference is harmonising terms of protection and qualification requirements.
Modernising the system for the digital age
Registered design and UK unregistered design law in the UK provide protection for computer-generated designs created without a human author including, in principle, those created by AI. The consultation recognises the need for clarification on computer-generated designs to ensure a consistent approach across intellectual property rights in relation to AI.
Options proposed include reforming the current protection of computer-generated designs without a human author, which may involve removing or redefining the originality requirement in UK unregistered design law in relation to computer generated designs.
The consultation will also consider whether designs created entirely by AI should receive design protection, a decision which will undoubtedly be influenced by developments in how the protection of AI generated works is treated across other intellectual property rights, including copyright.
Options have also been proposed to update the system for registering animated designs. The proposals include allowing applicants to file animated or moving designs, as well as expanding the formats that can be used when submitting applications.
Resolving post-Brexit issues
Brexit has created legal uncertainty and potentially inadequate intellectual property protection for UK businesses doing business in the EU. The lack of mutual recognition of disclosure between the UK and EU, has created practical difficulties for designers who no longer gain automatic protection across the UK and EU. The options to address this issue including recognition of simultaneous disclosure.
Strengthening enforcement processes and criminal penalties
The consultation calls for evidence on the government’s proposal to introduce registered design cases in the Intellectual Property Enterprise Court small claims track. In addition, it calls for evidence on the introduction of criminal sanctions for the unauthorised copying of unregistered designs.
How to get involved
The consultation remains open until 11:59pm on 27 November 2025 and you can find information on how to submit responses here:
https://www.gov.uk/government/consultations/consultation-on-changes-to-the-uk-designs-framework
If you have any queries on how these proposals might affect you, please feel free to reach out to our IP Team.
