ACID Lobbied Government continuously to Ensure Designers Rights were Preserved
Following the Brexit referendum ACID pressed Government to introduce a new law which mirrored the protection afforded by EU unregistered design, replacing existing UK Unregistered design to put UK designers on a level playing field with their EU counterparts in terms of IP protection.
Designers no longer have automatic unregistered design protection in EU27
The biggest change was an erosion of design rights with the loss of the Community unregistered design. Pre-Brexit, UK designers had access to two EU design rights; a Registered Community Design (RCD) and an Unregistered Community Design (UCD) which provide significant protection for products across the EU at relatively little cost.
The UK Government introduced a new Supplementary Unregistered Design Right on Jan 1, 2021
The good news for designers is that the Supplementary Unregistered Design right (SUD) is now available as a strong unregistered design right, however a design will not qualify for a SUD where it is first disclosed in the EU, and equally a design will no longer qualify for a UCD where it is first disclosed in the UK. This means that designers relying on unregistered rights have to decide whether to seek UK protection or EU protection. ACID continues to lobby in regard to the clarification on simultaneous publication of designs.