Design & IP campaigning body Anti Copying in Design (ACID) has completed a survey, the results of which will form the basis of a design sector Brexit Position Paper shortly. Following case study evidence submitted to the UK Intellectual Property Office and the requirement for further analysis of the Brexit & IP issues that UK lone micro and SME designers face, most interesting of the results were the following.

• 100% were unanimous post Brexit, if they lose EU Community design protection they want a new UK unregistered design created that will mirror EU protection and last 15 instead of 3 years (similar to current UDR) but also give protection for a combination of lines, contours, shape, ornamentation, colour, texture, materials, similar to EU UDR.[nbsp][nbsp]
• 90% think that copying is intentional
• 99% were slightly concerned to very concerned about the potential loss of EU unregistered and EU registered design protection in 27 other member states

Please see the interim survey results here which were discussed at a panel debate at 100% Design on 22nd September with Lee Broom’s MD Charles Rudgard, IPO Designs and Trade Mark Director Steve Rowan and Nick Kounoupias ACID Chief Counsel. 

ACID is calling for the need to preserve the EU Unregistered and Registered Designs Rights post Brexit and is continuing to press Government for the need to introduce criminal provisions for infringement of UK Unregistered Design Right to act as a real deterrent against copying.

• Brexit video

Nick Kounoupias, ACID’s Chief Counsel said, “Lone, micro and SME designers who rely on unregistered design rights face a potentially calamitous situation if EU Unregistered Design rights are not preserved.”

ACID Ambassador Rob Law, MBE Managing Director of Trunki said, “My company Magmatic t/a Trunki designs and manufacturers children’s travel products. We employ 80 people. Our turnover is approx £8.5 million generated by products protected by registered and unregistered design. If we lose protection of our EU UDR in 28 member states, and are unable to enforce our rights, we predict approximately 25% of our sales could be lost. This could effectively quarter our turnover and lose approximately 20% of our workforce.”

ACID CEO Dids Macdonald, OBE., said, “It comes as no surprise that there is a great deal of uncertainty amongst designers and above all we want to ensure that this very important subject is kept on high radar with Government.”