Government starts major review of intellectual property law - The Architects’ Journal

The Intellectual Property Office will embark on a ‘major consultation’ of the £100 billion design sector, including the architecture industry, to guide changes to the law and help ‘create a modern framework fit for the digital age’.

According to the government, current intellectual property law is a ‘complex patchwork of overlapping rights’ that creates confusion, especially for small design businesses, which make up 92 per cent of the sector and face a ‘David vs Goliath’ situation.

In addition, the government has admitted a problem of some applicants registering for products that aren’t theirs and that there are limited ways to combat this under the current law.

Brexit has also compounded issues of complexity, with designers no longer being able to rely on automatic protection in both UK and EU markets. The rapid evolution of digital design is also making it more difficult to guarantee protection in a changing online environment.

To address these challenges, the review will propose reforms to the way that the law applies to certain digital assets, as well as streamlining the system to create clearer guidance that can be ‘understood without legal expertise’.

To better modernise the system, applicants may be able to submit new file formats, such as CAD files, and the government is currently considering whether AI-generated designs should be eligible for protection.

Chris Williamson, the new president of RIBA, said the institute welcomed the government’s consultation ‘on strengthening design protections’ and would be encouraging all RIBA members to respond.

He said: ‘British architecture and architects are world-renowned and a global success story. But to help protect and grow our architecture sector both at home and through exports abroad, we must ensure that creativity, intellectual property and designs are properly protected.

‘The RIBA looks forward to working with the government to ensure that design protection supports our members’ work.’

The government is also proposing ‘search and examination powers’ to identify and reject designs that may be stolen, lack individual character, or made in bad faith to stifle competition. More affordable enforcement pathways with a dedicated court track may help make the process more accessible for those making claims.

Chris Bryant, minister for the Creative Industries, said: ‘Protecting brilliant design ideas has become unnecessarily complex. If you’re a small business or start-up with an innovative idea, you shouldn’t need extensive legal expertise just to navigate the system.

‘That’s why we’re consulting on simplifying our designs framework. We want to remove the barriers that hold back creators and make protection straightforward and accessible. Because when we get this right, we’re not just supporting individual designers – we’re building the foundation for the next wave of British innovation that will drive growth right across the country.’

The consultation will run for 12 weeks until 27 November 2025.