UK IPO launches survey on design IP in advance of full consultation later in 2025

The UK’s Intellectual Property Office (IPO – www.ipo.gov.uk) has launched a new survey asking anyone who uses the UK’s designs protection system for their views on how to improve it.

The survey, which is aimed at designers, design businesses, legal professionals and anyone interested in design, is laying the groundwork for a formal consultation later in 2025.

The IPO says:

“We want to hear from businesses of all sizes, and from a wide range of sectors which use design protection – whether an individual entrepreneur, start-up, established firm or large corporate. We also want to hear from trade bodies and legal professionals.”

“The survey will help the IPO to better understand what is important to users of the designs system. We will use responses to inform options for change to the framework, which we will consult on later in the year.”

Chris Mills, IPO Director of Rights Policy, says:

"You don't need to be an IP expert to take part in our design protection survey and share your views with us. Your experience and insights will help us ensure our designs framework remains modern, accessible and fit for the digital age. I strongly encourage everyone to contribute before 1st April and help shape the future of design protection in the UK."

The design rights survey is online here.

The IPO points out that the UK designs sector is an economically important one, which contributed £97.4bn Gross Value Added (GVA) to the UK economy in 2019, equivalent to 4.9% total GVA. In 2021 there were 80,665 design businesses in the UK of which 92% were microbusinesses (<9 employees).

The IPO says there is a need for a review of the UK designs framework to make sure it is fit for the future and supports designs businesses of all sizes. An earlier call for views and government response were published in 2022; but the IPO says now that there is a need to get fresh views from the design industry and users of design.

Ahead of the formal consultation planned for later this year, the IPO says the survey will help it understand more about users’ priorities for the system.

The IPO has identified five principles which it thinks are important to users. These five principles are:

• Cost – the system should offer value for money

• Validity – the system should provide appropriate level of validity and clarity about existence of IP rights of 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.

The IPO wants users to tell it which of these principles are most important to them and why. It is also canvassing their opinion on whether the definition of a design in intellectual property law meets the needs of designers and consumers in the digital age.