Currently, a new design which is first shown in the UK gets automatic protection from copying for 3 years under the Community Design Regulation. This applies to all designs, whether in 2D or 3D, and whether for a garment, consumer good or a brand logo. The Community Unregistered Design Right is often relied upon by design-led businesses in order to thwart copycat designs. While there are other types of IP protection which could fill the gap, such as copyright for 2D designs including prints or logos, and registered design right protection for those willing to invest in the protection, on the face of it, Brexit will result in a loss of rights to UK businesses.
The UKIPO has been holding informal consultation meetings within the IP Community so that they can understand the likely impact on UK businesses. With the Prime Minister poised to trigger Article 50 by the end of March, there is an urgent need for UK design-led businesses to make their voices heard.
On 22nd March we are hosting a debate on the future of design protection in the UK. We are delighted to be joined by a range of speakers from UKIPO, Simon Malynicz from 3 New Square, alongside representatives from SuperGroup and Joseph Joseph.
We hope that you will be able to join us.