The Government announced yesterday its first assessment of the need for reform of the design intellectual property framework. In May 2011, in his report to the Prime Minister, Professor Hargreaves concluded that design had a “very important contribution to make to growth” to the tune of £33 billion, yet he was critical of the policy makers whose role in supporting IP in this significant branch of the economy had been neglected.
The Government plans to publish a formal consultation on how to proceed in late spring 2012.
Nick Kounoupias, IP specialist at DMH Stallard and ACID’s Chief Legal Counsel said, “I am delighted to see that the possibility of introducing criminal sanctions for unregistered design right infringement is finally on the Government’s political agenda. It has been for too long anomalous that copyright and trade mark infringement can in appropriate cases be punished with a criminal sentence whilst unregistered design right infringement cannot. The harm caused to small and medium sized businesses by the flagrant and systematic copying of their designs is horrendous and to the layman in tantamount to theft. Accordingly it should be dealt with in the same way.”
ACID’s CEO Dids Macdonald said, “I welcome this assessment for design reform. However, it is important that any further research makes clear the relationship between (registered) design rights and innovation in the context of product design. The majority of the UK’s 232,000 designers (in 55 different design disciplines) rely on unregistered (copyright, design and trade marks) and informal rights. In this initial assessment, it is clear that UKIPO has listened and understands the problems facing many SME’s within design. Now the challenge will be to address them sensibly, practically and proactively with more action and less words”.
ACID also urges the Government to fully consider supporting the UK’s designers with the introduction of criminal sanctions for unregistered design right infringement, retaining UK unregistered rights protection and ensuring that in reforming the small claims access to justice system, they fully consider the relative effectiveness of remedies available and costs v outcome.
This announcement by Government is timely because in 2012 ACID will re-launch its “Commission it, Don’t Copy It” positive campaign aimed at retail buying departments which is “win win” all around. The designer is paid a commission and a royalty, The Retailer may use their purchasing power to produce the products more cost effectively and also has the opportunity to create a UK design signature range, thus, actively supporting UK Design and respect for IP in CSR. The consumer still gets an excellent deal but in the full knowledge that they are buying an original design and supporting British design.
DMH Stallard is a member of ACID, is trade association for designers and manufacturers with a diverse membership ranging from individuals to multinationals and spanning many industry sectors. The organisation is committed to fighting design theft and lobbying Parliament for design law reform.
