A New Daybreak for UK Design Law? | UCL School of Laws

About this occasion

Design legislation within the UK is as soon as once more within the highlight. In September, the UK Intellectual Property Office (UKIPO) launched its newest Consultation on changes to the UK design framework (increasing upon, and including to, among the points raised within the earlier session “Reviewing the Designs Framework”, which came about in 2022).

It comes as no shock that the sheer complexity of the design safety system is likely one of the key points on which the Consultation seeks views. The twin-blades of unregistered designs (so-called UK unregistered design rights and the Brexit-birthed Supplementary Unregistered Design) presently sit alongside UK registered designs and International Registered Designs within the Swiss-army knife of potential safety on this area.  This is to not point out the prospect of any help that commerce mark legislation might supply to such subject material, or certainly the shadowy presence that copyright might carry to the celebration.  In respect of the latter, the inherited pre-Brexit copyright jurisprudence of the Court of Justice of the EU means that virtually any product kind – barring solely probably the most technical – needs to be eligible for full copyright safety – the entire life plus 70 years of it. Such case legislation, in flip, additionally contributed to removing of the deliberate demarcation between copyright and design safety that the UK legislature had initially positioned throughout the Copyright, Designs and Patents Act 1988 following varied points with automotive exhausts within the early Eighties. A query then arises: given the UK’s comparatively newly-minted footloose standing, ought to we stay in alignment with the EU, or revert to a place nearer to that in place earlier than the unique Design Directive?

Practical questions additionally function.  Thus, whereas acknowledging that responses to its earlier session expressed the view that the UK design registration system is fast and cheap, the UKIPO additionally notes that its lack of any pre-grant checks for novelty and particular person character has created issues. Increasing numbers of ‘bad faith’ registrations have additionally resulted in a backlog of invalidity functions. Accordingly, good religion actors incur not insignifncant prices to take away junk designs and reply to threats of infringement. How then to strike the suitable stability between sustaining the pace and suppleness that designers worth, whereas enhancing the standard and enforceability of design rights?
    
The Consultation’s proposals intention ‘to create a designs system fit for the future … and better able to support UK creativity and innovation in a rapidly evolving digital landscape’. It suggests adjustments clarifying that graphical consumer interfaces and animations are eligible for design safety, in addition to different steps to make clear the scope of safety sought. Perhaps stunning for some, the UKIPO can also be recommending that AI-generated designs shouldn’t be eligible for design safety.

The UCL Institute of Brand and Innovation Law has introduced collectively a distinguished panel to contemplate which path UK design legislation ought to take. Is UK design legislation nonetheless on the crossroads, or are we witnessing an thrilling new daybreak?

Find out extra about what’s included throughout the proposals (and maybe, what else ought to have been included), and add your voice to this essential debate.

Speakers (so as of look):

• Jeff Lloyd, Deputy Director Trade Marks and Designs Policy, UKIPO
• Jane Cornwell, Senior Lecturer in IP Law, University of Edinburgh
• Nina O’Sullivan, Partner, Mishcon de Reya LLP

Chair: David Stone (Partner, White & Case LLP and Deputy High Court Judge)

Schedule

17:30 Registration and theatre opens
18:00 Event begins
19:15 Q&A
19:30 Reception

This occasion might be held in-person however will even be stay streamed.

Fees

Fees for this occasion are from £8-£35
Free locations for UCL college students and workers, full time teachers, judiciary and authorities authorized providers.

Book your ticket

Photo by zenad nabil on Unsplash