ACID has been a major stakeholder and key influencer in pushing forward legal, technical, and procedural reforms to the UK Design’s Framework for many years together with advocating stronger penalties for blatant design infringement. We are supported by IP specialist lawyers who not only contribute to our consultations but offer our members so much valuable pro-bono support for which we and our members are eternally grateful.

Read the full Government recommendations here

Dids Macdonald OBE, ACID’s Chair and Co-founder said, “ACID is proud to have contributed to the proposed reforms, which represent a positive and important modernisation of the UK designs framework. By addressing legal, procedural and technical aspects of design protection, the reforms strengthen the integrity of the registration system, improve certainty and accessibility for designers and businesses, bring the framework into line with evolving technologies and international practice, and seek to widen access to effective enforcement by accepting registered design into the Small Claims Track.

“As covered in a previous response to this consultation, we are, however, immensely disappointed with the Governments decision not to introduce criminal penalties for the intentional infringement of an unregistered design but we will work with Government to broaden these conversations.

Nick Kounoupias, ACID’s Legal Counsel said, I would like to thank ACID’s Legal Affiliates, Robert Lands of Howard Kennedy and Gavin Llewellwyn of Stone King for bringing their expertise and knowledge to ACID’s response to this consultation without whose sage advice and experience, it would not have made such a credible contribution to the reforms which have now been introduced.

See ACID’s response here

Robert Lands Partner, Head of IP & Commercial at Howard Kennedy and ACID Legal Affiliate said: “The Government has listened to ACID’s central warning – simplification of the law must not mean weaker protection. UK unregistered design right will be preserved, the proposed five-year levelling-down has been rejected, and there will be no return to the shorter copyright term that once applied to commercially produced artistic works. There is more work to do, but these are important victories for designers.”

Gavin Llewellyn a partner at Stone King who specialises in intellectual property and ACID Legal Affiliate said, “The Government’s recognition of the value to designers of the current UK unregistered design right and of the importance of having maximum protection for designs is very welcome.  The creation of a single right and the harmonisation of aspects of protection, including term, qualification requirements and spare parts provisions, will be a positive step towards simplifying the current laws.  However, it is disappointing not to see an increase to the term of protection for unregistered designs, meaning that designers will continue to be forced to rely on the registered design system in order to obtain long-term protection for their work.  Product design continues to be the poor relation of literary and artistic works which receive automatic, long-term protection under copyright law, despite the enormous contribution which design makes to the UK economy”. 

ACID would also like to extend thanks to Legal Affiliates DMH Stallard and Taylors Solicitors for their support.

ACID intends to hold a series of webinars to explain the design law reforms and details will be announced shortly.