Some of the changes to UK law include:

• Changes to UK unregistered design rights – unlike every other member state of the EU, the UK retains its own unregistered design right, that sits alongside EU registered and unregistered designs, and UK unregistered designs. MARQUES had sought simplification of the complexities of UK unregistered design right.
• Qualification for UK unregistered design right is extended, and the exceptions to infringement have been harmonised with EU law.
• Importantly, ownership of a commissioned design now rests with the designer (as in the EU system), not with the commissioner. Copyright, EU and UK design rights will now all be owned by the designer.
• The Bill provides for the UK to accede to the Hague Agreement. UK designers are already covered to the extent that they can file RCDs through the Hague system. The UK’s accession will enable designers to opt for the UK, without covering the whole EU. MARQUES is a long-term supporter of the benefits of the Hague and Madrid systems, and welcomes this move.
• A new appeal route is provided. Decisions of the Registrar can be appealed either to the Appointed Person or to the High Court (as with trade marks). MARQUES lobbied strongly for this simplified appeal route.
• A criminal offence of registered design copying is introduced. In the House of Lords, an amendment was introduced to provide for a defence for copyists who reasonably believed that they did not infringe the registered design. MARQUES supported the introduction of criminal offences, with appropriate safeguards.

The MARQUES Designs Team was very pleased to represent brand owners’ interests.