Governments have a critical duty to support small and medium-sized enterprises (SMEs) in the design and creative industries, particularly in protecting their intellectual property (IP) from abuse by large retailers and manufacturers. Smaller businesses are often the lifeblood of innovation and cultural diversity, driving creativity that fuels economic growth. However, without access to affordable and sufficient IP protection, SMEs are vulnerable to exploitation by large corporations that can easily copy or produce cheap look alike designs with little consequence.

IP abuse disproportionately affects SMEs due to their limited financial and legal resources. Unlike large retailers, they may not have the means to defend their rights in lengthy, expensive court battles. When large corporations infringe on the intellectual property of SMEs, it not only undermines their business but also discourages further innovation. This creates an unfair competitive environment where corporate giants stifle smaller players.

Governments have a responsibility to ensure a level playing field, implementing stronger IP laws, and providing affordable legal support to SMEs. By doing so, they not only safeguard the economic interests of these small businesses but also preserve the creative diversity that enriches UK society. Failure to act leaves the door open for exploitation, monopolising creativity in favour of the powerful at the expense of innovation and competition.

In an ideal world, the forthcoming government designs consultation on intellectual property (IP) protection would introduce several crucial measures to support SME design creatives consistently infringed by big businesses.

First, the government could overhaul the small claims track legal process for SMEs to resolve IP disputes efficiently by including registered designs. Most government advice is to register, register, register! It is anomalous that they are not included. Lengthy and expensive legal battles are often beyond the reach of small businesses. Streamlining dispute resolution would offer timely and affordable recourse, reducing the burden of litigation.

Second, stronger penalties for IP infringement should be introduced to deter large corporations from copying or misusing SME designs. These penalties could include more exemplary damages/fines and reputational consequences, making it costly for big businesses to exploit smaller firms.

Third, the government could establish a publicly funded legal aid system for SMEs dealing with IP abuse. This would provide affordable access to expert legal advice and representation, levelling the playing field those businesses with big legal pockets.

Introducing criminal provisions for the intentional infringement of an unregistered design to function as a real deterrent would help strengthen deterrence. If it is a criminal offence to copy a song or a book. Why it is NOT a crime to copy, say, an iconic piece of furniture? All require, skill and are the results of creations of the mind. IP is a property right, if you steal someone’s property it is a crime, so should intellectual property be treated the similarly.

Additionally, improving access to IP education and resources for SMEs is crucial. By offering better training and support in IP registration, SMEs could better protect their designs from the outset.

Finally, the creation of a government watchdog to monitor and mediate IP abuse cases would ensure accountability, offering a fair platform for SMEs to voice their grievances. These combined efforts would provide much-needed protection for design creatives.

ACID invites any SME designers who have suffered from IP theft to send their case studies to [email protected]