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Bulletins » UK design law set for refresh: Government unveils plans to modernise protection and tackle bad-faith filings

On 4 November 2026, the UK Government unveiled plans for reform of the UK designs system, introducing measures aimed at improving the quality of registered design rights, modernising protection for digital products and simplifying aspects of the wider designs regime.

Registered designs
The proposed changes will not take immediate effect, as they will require future legislation. However, the commitment is to modernise the registered designs system at the United Kingdom Intellectual Property Office (UKIPO) while preserving speed and relatively low cost for users.

A significant change will be the introduction of a targeted search and examination regime. The UKIPO will be given powers to examine applications for novelty and individual character in selected cases, particularly where there are concerns about anti-competitive filings or registrations for designs that do not belong to the applicant. However, the Government has rejected more fundamental changes, including a proposed two-stage registration for all designs, as well as formal opposition and observation procedures.

A welcome change for users will be the extension of the deferment period from the current 12 months to 30 months, aligning the UK more closely with the EU and Hague design systems once implemented.

The reforms also look to update legislation to take into account the increasing commercial importance of digital designs. Legislation will make clear that graphical user interfaces (GUIs), animations and transitional visual effects all qualify for registered design protection. The UKIPO will also explore the acceptance of video and 3D file formats (as recently accepted by the EUIPO).

Unregistered designs
The Government has stopped short of making major changes to the UK’s unregistered design system but has indicated a clear intention to simplify what is widely regarded as a complex framework. Further work will be undertaken on harmonising qualification requirements and potentially aligning terms of protection.

The Government has indicated a willingness to allow a supplementary unregistered design (SUD) to be created following first disclosure anywhere in the world, rather than requiring a UK-first disclosure for SUD protection. A SUD is an automatic UK design right that protects the appearance of a product for up to three years from first disclosure, without the need for registration. This can be an important right for businesses whose designs have a limited commercial lifespan, particularly in sectors such as fashion. The proposed change will help remove uncertainties linked with where to first publish such designs.

Other matters
The Government has decided not to introduce criminal sanctions for design infringement, concluding that the evidence currently available does not justify such a significant expansion of enforcement measures. However, it recognises that civil enforcement remains important and will therefore continue exploring proposals to bring straightforward registered design disputes within the Intellectual Property Enterprise Court (IPEC) Small Claims Track, a move that could provide a more accessible and cost-effective forum for individuals and SMEs seeking to enforce design rights.

Overall, the reforms indicate a policy direction focused on improving validity, modernising protection for digital products, simplifying the law where possible and making enforcement more accessible, while retaining the perceived core strengths of the UK designs system.

 

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