The government has launched a consultation seeking the views of the UK’s design community, including architects, on changes to the design framework and how to improve the design rights system.
For architects, one of the key areas of concern is the unregistered design protection system. Subsequently, the Intellectual Property Office (IPO) is seeking designers’ views on simplifying the existing framework.
What are the key areas the consultation covers?
The IPO admits that the UK intellectual property system for the protection of designs remains a “complex patchwork” and users consider it difficult to navigate, especially small businesses. For that reason, the consultation is wide-ranging and puts forward numerous proposals that are important for architects to consider:
- Copyright and design boundaries: Clarifying the boundary between copyright protection and design rights, particularly around “works of artistic craftsmanship.”
- Unregistered design rights consolidation: Simplifying the current system of multiple unregistered design rights into a single framework, potentially using supplementary unregistered design provisions as the basis;
- Anti-competitive design registrations: Introducing search and examination powers, bad faith provisions, and opposition periods to prevent designs being registered to block legitimate competition;
- Small claims court access: Including registered design disputes in the Intellectual Property Enterprise Court’s small claims track to improve accessibility for small businesses;
- Digital design protection: Allowing 3D CAD file submissions, expanding accepted file formats, and clarifying protection for animated designs and graphical user interfaces;
- Design application confidentiality: Introducing an 18-month deferment period for applicants to keep design applications confidential before publication;
- Post-Brexit design disclosure: Recognising design disclosures made outside the UK for supplementary unregistered design protection;
- AI designs: Exploring how the design rights system should respond to designs generated by AI. There are existing provisions for protecting computer-generated designs where there is no human author, but the IPO says that these are legally untested and their future is being reviewed. The government's preferred option is to remove the existing protection for computer-generated designs created without a human author, due to the risk of AI tools producing vast numbers of designs that could inhibit innovation from human creators;
- Unregistered designs and copyright overlap: Considering options to simplify the unregistered design system, potentially by creating a single, consolidated unregistered design right. Architectural works have their own copyright protection, separate from "works of artistic craftsmanship", which is where most overlap with design rights occurs.
What does the IPO say about the consultation?
RIBA is encouraging members to use the consultation to make their concerns over design rights known to the IPO in this period of AI-generated change. Here, the IPO sets the scene for the consultation by answering some key questions:
RIBA: Generally speaking, how will the proposed reforms simplify the current design rights system for small businesses and independent designers?
Intellectual Property Office (IPO): The UK has a strong foundation in design protection – we were actually one of the first countries to introduce formal design protection, which has served as the legal foundation that enables British designers to compete and innovate. However, over the decades, as the system has evolved to meet new needs, it has become more complex to navigate, particularly for smaller businesses.
When you consider that 92% of our over 80,000 design businesses are microbusinesses with fewer than nine employees, we want to ensure the system works effectively for them. The consultation explores ways to streamline processes, harmonise procedures, and provide clearer guidance. Our objective is to maintain the robust protection that designers value whilst making it more straightforward and accessible for everyone to use.
RIBA: How do architects fit into this proposed new legislative landscape?
IPO: Architecture is specifically recognised in copyright law as an artistic work, and some architectural designs may benefit from design protection in various ways.
The consultation examines how design protection can better serve all sectors across the creative economy, including architecture. We're looking at modernising our framework for the digital age while ensuring it continues to support the full spectrum of creative work – from traditional architectural craftsmanship through to cutting-edge digital design tools that many architects now use.
RIBA: What challenges are unique to architects when it comes to design rights?
IPO: This is exactly what we need to hear from architects – we want to understand the challenges that architects face in practice. Like in other design sectors, architects may face unique challenges. We need architects' real-world insights to understand these professional challenges and develop a system that works better for all designers.
RIBA: Many architectural ideas are shared in competitions or public forums before registration. What safeguards will be in place to protect these designs from infringement?
IPO: Some of the proposals being considered include formalising a grace period for unregistered designs in law or potentially allowing disclosure of a design globally to give rise to unregistered protection. These proposals could address some of the challenges you mention that architects face when designs are disclosed before commercial launch.
Strengthening enforcement mechanisms is another priority, with proposals for enhanced examination procedures to prevent anti-competitive registrations as well as bad faith provisions to tackle copying of existing designs. The consultation also seeks evidence on whether claims involving registered designs could be dealt with via the small claims track within the Intellectual Property Enterprise Court, which aims to make enforcement more accessible and affordable for smaller practices.
RIBA: How do these proposals ensure the UK's design framework is not just fit for today, but also resilient enough for future challenges like the rapid advancement of AI?
IPO: The digital age has transformed design in many ways, yet the majority of UK design legislation was drafted in an era focused on physical objects. Over two decades of digital progress has made graphical user interfaces, animated transitions, and interactive experiences common features of everyday life.
The consultation sets out various options to respond to developments in technology and “futureproof” the design framework. These include updating the legal definition of a design to make clear that animated designs can be protected and allowing designers to submit video clips and CAD files rather than static representations of their designs.
The consultation also explores how the design system should respond to computer-generated designs in the era of advanced AI. It sets out the option of removing legal provisions that currently protect computer-generated designs without human authors, which is the government’s preferred option in view of the potential risks to human-created designs if these provisions are maintained. This approach prioritises human creativity while recognising AI as a collaborative tool.
These proposals are intended to build resilience for future technological developments by creating flexible, adaptable systems that accommodate emerging technologies whilst maintaining clear principles about protecting human innovation in the digital age.
Take part in the Changes To The UK Designs Framework consultation.
To gather members’ views and inform RIBA’s response, we are hosting two roundtables for members. Book your spot on the free online roundtables.
Text by Neal Morris. This is a Professional Feature edited by the RIBA Practice team. Send us your feedback and ideas.
RIBA Core Curriculum topic: Design, construction and technology.
As part of the flexible RIBA CPD programme, professional features count as microlearning. See further information on the updated RIBA CPD core curriculum and on fulfilling your CPD requirements as an RIBA Chartered Member.
