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26 January 2022TrademarksAlex Baldwin

UKIPO launches designs consultation

The UK Intellectual Property Office (IPO) has launched a call for views on the country's designs framework.

The IPO has asked the users of the designs system for views and evidence on how to improve the framework for businesses, consumers, and professionals and ensure that the system remains fit for purpose in light of emerging technologies.

The IPO’s chief executive Tim Moss said: “An effective IP system is at the core of the government’s ambition for the UK to be the most innovative and creative country in the world.

"The designs framework is a crucial element, and we want to ensure it remains a powerful enabler in an increasingly digital environment.

“To help ensure the designs system remains fit for the future, we are eager to hear a broad range of views to help us understand how it can best meet the needs of those using it, and help unleash innovation’s potential.”

The IPO will gather information from responses pertaining to whether the current system should be simplified; novelty searching; the impact of Brexit on disclosure requirements for unregistered designs; whether the system is “flexible” enough to protect designs based on emerging technologies; the introduction of a deferment provision in UK law; and designers’ experiencing enforcing rights and what they would change.

The Design Council’s chief design officer, Cat Drew, said: "Intellectual property rights are fundamental to the business of design. We want a design IP system that keeps pace with and reflects new technologies and global markets.

"It’s really important that people from across the design industry give their views on the current IP framework and how it can be improved for designers. As part of our D esign Economy work, we are looking at ways to enable designers to provide more value for people and planet, and we will be looking carefully at the suggestions emerging within this important review by the IPO”.

The call for views will close on March 25, 2022. Following the close, the government will assess the responses and publish a list of summary responses, which will inform its next steps in modernising the designs framework.

Alongside the calls for views, the IPO also published a survey aimed at people with an interest in designs, but who do not consider themselves an “expert in IP” to have their say on the framework. This survey will close on February 7.

This announcement follows the recent announcement that the UK government has decided to maintain its current IP exhaustion framework following a similar call to views in June last year.

However, the government held that change will come to the current IP exhaustion regime “in due course” when enough evidence has been gathered.

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