UK Design Law Is Being Rethought

Here’s What Designers Need to Do Now‍

The UK is in the middle of a once‑in‑a‑decade rethink of how design rights work — and the proposals could reshape how fashion, product, and digital designers protect their ideas. For fast‑moving sectors that depend on unregistered designs, the message is simple: evidence and provenance are about to matter even more than ever [gov.uk], [blogs.ucl.ac.uk].

What’s changing — and why it matters

The UK Government’s consultation canvasses major options: simplifying the unregistered design system, potentially abolishing legacy UK unregistered design right in favour of a streamlined approach, and harmonising terms and qualification rules.  One floated direction would set a five‑year term for unregistered rights (up from 3 for supplementary unregistered designs, but down from the current 10–15 years for UK design right). The review also touches on digital/animated designs and curbs on abusive filings.   For some categories, reforms could mean less protection or different qualifying steps, with particular impact on fashion and seasonal product lines [gov.uk].

On 9 March 2026, the UK IPO published a Design Protection Review summarising how UK businesses actually use design rights.  Its key findings are:

·       many design‑active businesses do not understand unregistered rights;

·       the system is complex and fragmented, and alleged infringement is widespread; but

·       many disputes resolve informally, often because parties lack clear, time‑stamped evidence.

Design registrations have surged since Brexit (≈70k–80k/year), with signs of strategic filings on online marketplaces.  Yet, despite the above findings, most UK businesses still hold very few registrations and rely on unregistered protection [blogs.ucl.ac.uk].

The risk: legal uncertainty and evidential gaps

During reform periods, uncertainty increases.  Designers relying on unregistered rights need to prove what the design is, when it existed, and who saw it.  Without contemporaneous documentation, even well‑founded claims can falter.  As is evident from cases like Edwards v Boohoo, courts scrutinise proof of the specific design features in which rights are claimed, and the opportunity (if any) of the other party to copy (see our Blogpost entitled “What the Edwards v Boohoo Case Teaches Us About Protecting Unregistered Designs”).   A fragmented evidence trail — scattered files, missing timestamps, no audit of disclosures — undermines enforcement [blogs.ucl.ac.uk].

How Etched^® helps (right now, and whatever the law becomes)

• Create immutable, time‑stamped records of your design drawings, renders, and iterations — anchored on the blockchain for integrity. This helps define the scope and date of your design with precision.
• Capture your design journey: show what changed, when, and why. Courts and counterparties take process evidence seriously because it demonstrates authorship and originality.
• Log disclosures and access: where the design was shown (buyers, showrooms, PR, socials), and when — creating a clear record of opportunity to copy.
• Secure storage: encrypted content plus decentralised proof of existence enables trust without public exposure of your files.