Government launches major design rights consultation
The Intellectual Property Office (UK IPO) has launched a comprehensive 12-week consultation seeking to modernise Britain's design protection system and strengthen the UK's position as a global design powerhouse.
We strongly encourage our members to respond to this important consultation and share it within their networks.
The consultation, which runs until 27th November 2025, addresses the number of critical areas that need careful consideration. The Minister for IP Feryal Clark MP sets out in her ministerial foreword the following five objectives:
- Improving the validity of registered designs through targeted measures such as novelty checks and bad faith provisions
- Simplifying our complex designs regime, making it more accessible and easier to understand
- Addressing issues relating to unregistered designs, providing greater legal certainty for businesses
- Ensuring our framework adequately protects emerging forms of design, including virtual and animated designs
- Exploring how our system should respond to computer-generated designs in an era of advanced AI
Kelly Saliger President of CITMA said: "Our members know firsthand the benefits and potential of design rights. They also know how difficult and costly enforcing those rights has become often complicated by the patchwork case law around copyright protection which has been used to plug the gaps. The design system is therefore ripe for reform.
“We welcome the Government's consultation on modernisation of the UK's design protection system and our extensive membership of IP professionals look forward to contributing on proposed changes and improvements to the system.
“Together with the IPO and peer stakeholders we look forward to helping shape a clear and joined up design environment for the UK."
Click here to read the consultation and find out how to respond
Key areas
The consultation covers several critical areas where our members have long identified challenges:
Fighting design theft – The government proposes introducing search and examination powers to identify and reject designs lacking novelty or individual character, particularly targeting anti-competitive filings. Bad faith provisions would prevent dishonest applications for well-known products or designs not owned by the applicant.
Streamlining processes – Potential changes include harmonising time limits and procedures across different types of design protection, consolidating the complex patchwork of unregistered designs, and providing clearer guidance accessible without requiring legal expertise. The government is also considering formal deferment provisions allowing applicants to keep designs confidential for up to 18 months.
Resolving post-Brexit complexities – The consultation addresses practical challenges where designs can no longer gain automatic protection across UK and EU markets through single disclosure.
Strengthening enforcement and access to justice – Proposals include creating a small claims court track within the Intellectual Property Enterprise Court (IPEC) specifically for design disputes, making enforcement more accessible and affordable for small businesses.
Modernising for the digital age – The consultation considers allowing new file formats such as video clips and CAD files when applying for design protection, updating legal definitions for future industries and technologies, and whether designs created entirely by AI should receive protection.
Feryal Clark MP, Minister for Intellectual Property, said: "From Mini to Burberry and the London Underground map, British design is renowned worldwide for its creativity and innovation. It contributes almost £100 billion to our economy - supporting the growth which is powering this government's Plan for Change.
“These reforms will help remove barriers and make it easier for designers of all shapes and sizes to protect their creations - cementing our position as one of the world's leading destinations for design investment and innovation."
Adam Williams, CEO of the Intellectual Property Office, said: "The UK's design sector contributes nearly £100 billion to our economy annually, yet too many creators – particularly smaller businesses and independent designers – find our current system confusing and difficult to navigate. In a rapidly evolving global marketplace, we need a framework that's not just fit for today, but ready for tomorrow.
“This comprehensive consultation demonstrates our commitment to building a modern, accessible system that protects creativity and innovation while preventing anti-competitive abuse.
“Whether you're an independent designer with a breakthrough idea or major manufacturer protecting established products, our design system should work for you.
“I encourage everyone across the design community to share their views and insights and help shape the future of UK design protection."
How to participate
We actively encourage all members to respond to this consultation and share it with your networks. The consultation seeks views from professionals across all sectors.
Click here to read the consultation and how to respond
Our Designs Working Group will be preparing a comprehensive response on behalf of our membership. However, individual responses from members with specific expertise or experience in design protection will strengthen the overall feedback to government.
The consultation document and details on how to respond are available on the IPO website. The deadline for responses is 27th November 2025.
This represents a significant opportunity to influence what could be the most substantial transformation of UK design protection in decades. We urge our members to engage actively with this process to help create a modern framework fit for the digital age.