Policy Blog

UK designs reforms: what the government’s plans mean for brands

The British Brands Group welcomes the government’s plans to modernise the UK designs framework, following the Intellectual Property Office’s consultation in 2025.

For brands, design is fundamental to how products stand out, communicate quality and earn consumers’ trust. Effective protection supports investment in distinctive packaging, product shapes and digital experiences. Our consultation response called for a framework that remains simple, affordable and accessible, with targeted measures to tackle misuse and practical routes to enforcement.

The announced reforms make progress on several of these priorities. However, important details remain under development, and implementation will depend on further work and legislation.

Targeted scrutiny of design applications

The government will legislate to give the registrar powers to search and examine designs for novelty and individual character in certain circumstances.

In our response, BBG emphasised the importance of preserving fast, low-cost registration. While our preferred approach was to retain the existing system, we recognised the value of a narrow power to investigate suspicious applications. The scope and operation of the new powers will matter: intervention should address abuse without introducing unnecessary costs or delays for legitimate applicants.

Further work will explore what constitutes bad faith and the evidence needed to establish it, before the government decides whether to pursue a specific legislative provision. BBG highlighted the potential complexity and uncertainty of a new bad-faith test, favouring more efficient procedures for challenging invalid registrations.

More flexibility around product launches

The government intends to introduce a 30-month deferment period, aligning the UK with the EU and Hague designs systems. Both registration and publication would remain deferred, with the period running from the earlier of the application’s priority or filing date.

This reflects BBG’s call for alignment with established international arrangements, rather than a distinctive UK-only period. It should help businesses coordinate protection with product development and launch plans across markets.

Limited information about deferred applications would be published, including the applicant’s name and address and relevant dates. The government also plans to extend prior-use provisions to cover deferred applications. In our response, we stressed the need to balance commercial confidentiality with legal certainty for other businesses.

Protection that reflects digital design

The definitions of “design” and “product” will be amended to clarify that designs containing animation or transitions can receive registered protection.

The IPO will also consider technical solutions for accepting video and 3D file formats through its digital transformation programme, alongside arrangements for publishing optional descriptions online.

BBG supported clearer protection for graphical user interfaces and animated designs, recognising their growing importance to brand identity and consumers’ experience of products. Clear boundaries, practical guidance and suitable filing formats will be essential to making these changes work effectively.

Simplification without weakening unregistered rights

The government will retain both Supplementary Unregistered Design (SUD) and UK Unregistered Design Right (UK UDR), with the principle that the breadth of protection should not be diminished.

This is an important point for members. BBG’s response argued that simplification must preserve the different forms of protection available to brands, including the valuable safety net that unregistered rights provide.

The government will seek to harmonise qualification requirements and terms of protection. Although there was support for a 10-year term, it will assess the economic impacts before committing to an increase. BBG advocated a 10-year term to better reflect the commercial life of branded products and the investment behind them.

Other potential changes, including repair and spare-parts provisions, infringement and defences, will require further assessment. Consolidation of the legislation will be explored once policy changes have been settled.

Recognising international launches

The government will legislate to allow a UK Supplementary Unregistered Design to arise following disclosure anywhere in the world. It will also give further consideration to a grace period.

BBG supported a more internationally inclusive approach to disclosure, reflecting how brands develop and launch products across borders. The detailed rules and guidance will be important in helping businesses understand when protection arises and plan launches with confidence.

Making enforcement more accessible

The government intends to explore a carefully targeted expansion of the Intellectual Property Enterprise Court’s small claims track to include straightforward, lower-value registered design cases.

BBG supported this proposal in our consultation response. Accessible enforcement is essential if protection is to have practical value, particularly for smaller businesses with limited resources for litigation. Further work will assess how an extension could operate proportionately.

Other areas remain under consideration, including computer-generated designs. Views on criminal sanctions for unregistered design infringement were divided; BBG opposed extending criminal sanctions and called instead for more accessible and effective civil enforcement.

What happens next?

Alongside these measures, the government plans administrative changes to modernise filing, examination and register procedures.

There is no confirmed implementation timetable. Some changes will require primary legislation, while others may be delivered through secondary legislation. The announcement sets out the direction of reform however its implementation will take time.

Commenting in the IPO’s press release, Sarah Garry, Chief Executive of the British Brands Group, said:

“Original design is central to how brands stand out and earn consumers’ trust. The British Brands Group welcomes the government’s reforms to the UK designs system, which will help make protection clearer and easier to use for businesses of all sizes.

“We are grateful to the IPO for engaging with our members throughout this process. We look forward to continuing to work together as changes are implemented and where stakeholder input is required.”

BBG will continue to engage with the IPO as the detail develops, focusing on affordable registration, clear rules and effective enforcement. We welcome members’ feedback on how the planned changes could affect their businesses, particularly international launches, deferment and access to enforcement.