Understanding Design Right Abuse: Is UKIPO Doing Enough?

Introduction to the UKIPO and Design Right Abuse

The UK Intellectual Property Office (UKIPO) must unavoidably come under increased scrutiny as registered designs are misused, especially on international marketplaces like Amazon. Although the goal of registered designs is to foster innovation and safeguard creativity, the way the system is currently set up might be leading to the threat of legal action, having the opposite effect.

The UKIPO has registered designs that may never have been granted in the first place, which is why we at Lawdit Solicitors are increasingly representing sellers and companies whose Amazon listings and operations are disrupted—not because they have violated a legitimate right. In this piece, we investigate whether the UKIPO is fulfilling its obligation to the public and whether, through structural weakness or omission, it is encouraging abuse, including potential situations requiring an interim injunction.

A System Made for Speed Rather Than Analysis

According to its own description, the UKIPO’s design registration procedure is inexpensive, quick, and easy to use. Creative enterprise has been encouraged by these attributes, especially for small and medium-sized enterprises.

But accessibility has come at the expense of a sharp decline in scrutiny. Design filings are not subject to a substantive review, in contrast to patent or trademark applications. The design is registered as long as the application satisfies the fundamental formal requirements (images, fees, etc.). No research on novelty. no analogy to current products. no accurate evaluation of the uniqueness of the design.

Because of this open-door policy, there are many designs in the registry that:

1. Be unoriginal;
2. Cannot be distinguished from currently available products;
3. They are registered with the express purpose of eliminating rivals rather than preserving innovation.

In essence, the UKIPO is rubber-stamping designs that are then sold on Amazon and other websites as weapons.

Rights Registered—Without Accountability?

The strength of any IP right should be matched by the responsibility that comes with it. However, under the UKIPO’s current system, design holders are given strong legal rights with little to no scrutiny. They can:

1. Instantly file Amazon takedown notices
2. Threaten enforcement with legal weight
3. Suppress competition even where no copying has occurred

All of this is possible simply because a design certificate was issued—often without any due diligence as to the legitimacy of the design.

Once that certificate exists, the burden of proof shifts entirely to the accused party. It is then the responsibility of the seller to:

1. Prove prior art or independent creation;
2. File invalidation proceedings (which may take over a year);
3. Bear legal costs and risk account suspension in the meantime.

UKIPO Invalidation: Too Little, Too Late?

In theory, the UKIPO offers a solution through the invalidation process. But in practice, this court of appeal is a lengthy and uncertain route that offers little immediate relief for e-commerce sellers who rely on daily sales for survival:

1. The process may take 12–18 months if contested;
2. It offers no interim relief—products may remain de-listed during this time;
3. It places the entire burden on the person accused of infringement.

In other words, the UKIPO is quick to register and slow to correct. This imbalance allows unjustified designs to sit on the register for years, actively harming legitimate businesses.

What is covered by design right?

Design rights play a crucial role in protecting the appearance of products, encompassing various elements such as shapes, colours, textures, and patterns. A design right ensures that a creator can claim ownership over their unique designs, preventing others from using them without permission. It’s important to note that while there are registered designs, unregistered designs also benefit from protections under UK and EU law.

Unregistered designs, are automatically granted protection for a period of 10 years, provided they are made available to the public. This offers a layer of security for creators who may not want to go through the lengthy registration process for every design. However, unregistered designs face challenges in enforcement, as the burden of proof lies with the creator to demonstrate originality.

Registering your design or drawing

To secure a design right, it is imperative to register your design or drawing with the appropriate intellectual property office, including WIPO. This process not only provides legal recognition but also enables the holder to take action against unauthorised use of their trade mark. The registration process is typically straightforward, requiring applicants to submit images and descriptions of their designs. This documentation must clearly illustrate the distinctiveness of the design, as it is essential for establishing its originality. While the registration can last up to 25 years, it is advisable to renew the registration periodically to maintain legal protection.

In addition to formal registration, creators should consider the broader implications of their designs. By understanding the competitive landscape and assessing existing designs, they can better position their products in the market. Conducting thorough research and utilising available databases can help in identifying potential conflicts with pre-existing designs, thereby minimising the risk of infringement claims. Ultimately, proactive steps in registering and managing design rights are crucial for safeguarding creative innovations in today’s competitive environment.

An Appeal for Responsibility and Change

As a public entity, we think the UKIPO needs to do more. The office should at least:

1. Using already-existing databases and automated tools, introduce fundamental novelty checks for design applications.
2. Report questionable filings, especially when there is obvious design similarity or when the same party has registered several similar designs.
3. Provide a fast-track invalidation procedure, especially for use in disputes involving online marketplaces where there is immediate and continuous commercial harm.
4. Before allowing design-based takedowns, work with Amazon and other platforms to implement verification procedures.

The UKIPO runs the risk of supporting a system that grants rights too readily, uses them too aggressively, and corrects them far too slowly unless changes are made.

Conclusions

The UKIPO is essential to preserving an equitable and reliable system of design protection. However, that system ceases to serve the public interest when it permits the removal of honest sellers, stifles competition, and offers legal justification for anti-competitive behaviour.

We at Lawdit are still fighting for companies impacted by this disparity in IP litigation. Even though we operate within the framework to safeguard our clients, we think it’s time to consider whether the UKIPO is actually carrying out its mandate or if reform is necessary.

Talk to us if a dubious design registration or takedown has impacted your company. We’re here to help.

What is an example of a design right?

A design right is a form of intellectual property protection that covers the visual design of objects. For example, consider an innovative furniture chair with a unique shape and aesthetic appeal. The ornamental aspects, such as the contours, patterns, and colours that distinguish this chair from others in the market, can be protected under design rights. This ensures that other manufacturers cannot replicate or sell similar designs without permission, thus preserving the original creator’s commercial advantage and creative expression.

What is the meaning of design rights?

Design rights refer to a category of intellectual property that protects the visual and aesthetic aspects of a product. This legal framework ensures that the unique appearance of an object, such as its shape, patterns, colours, and overall design, cannot be copied or imitated by others without permission from the original creator. By securing these rights, designers can safeguard their creative expressions and maintain a competitive edge in the market. Design rights thus play a crucial role in fostering innovation and encouraging investment in new designs while ensuring that consumers benefit from diverse options in the marketplace.

What is the difference between a patent and a design right?

Patents and design rights serve different purposes within the realm of intellectual property, each offering unique forms of protection. A patent provides exclusive rights for inventions, covering functional aspects or processes that offer new solutions to problems. For instance, a patented technology may enhance the performance of a kitchen appliance and prevent others from manufacturing or selling that innovation without permission. In contrast, design rights specifically protect the aesthetic features of a product. They focus on the visual appeal—the shape, colour, and ornamentation—rather than its functionality.