The UK Government has responded to the IPO Design Rights Consultation, and has recognised the fashion sector within its ongoing considerations on key issues, including simultaneous disclosure.

UKFT provided a response to the consultation earlier this year, outlining the main points that could impact the UK fashion and textile sector and highlighting that post Brexit fashion brands are choosing to disclose in EU markets to gain broader protection, potentially putting showcasing platforms such as London Fashion Week at risk, and therefore the importance of ensuring simultaneous disclosure works as a means of gaining protection in both the EU and the UK.

Summary of government response:

Simplifying the designs system: The government said it will investigate options to simplify the designs regime, in particular unregistered designs. It will consider the relationship between design and copyright law, and the need for reform or guidance. The government will also consider how it can improve guidance for designers, such as providing more targeted guidance for specific sectors.

Disclosure of supplementary unregistered designs: The government said it recognises that there is currently uncertainty amongst users of the system about disclosure requirements for supplementary unregistered designs, including uncertainty in relation to simultaneous disclosure. It said it will consider the issue further.

Future technologies: The government said it recognises that new technologies (such as AI, blockchain, NFTs and 3D or 4D printing) may have an impact on designers so will consider how to ensure the designs system is flexible enough to support these developments, and will seek further stakeholder consultation.

Deferment: Stakeholders indicated that a deferment provision is desirable for commercial reasons but there were mixed views on how long this should be, ranging from 12 to 30 months. Some respondents thought that harmonising with the EUIPO at 30 months would avoid confusion for designers and companies seeking protection in several territories. The government acknowledged stakeholders would like a deferment provision and said it will consider options for a deferment provision, seeking additional stakeholder views by consultation.

Enforcement: The government said it acknowledged the complexity and costs of bringing legal action that can be problematic for smaller design companies who want to enforce their rights. It will consider whether there are measures which can be introduced to make enforcement easier for all rights owners and look for further evidence to review before deciding on next steps.

Here is the full government response.

UKFT will continue to work with the UK Government to ensure the key issues for the UK fashion and textile industry are addressed as part of the new review into the UK designs system.

UKFT members with questions: Please contact info@ukft.org.