Design law at the crossroads - a post-Brexit review of design protection in the UK

This chapter outlines the different ways in which UK law protects designs, including post-Brexit developments and key points arising from an ongoing design law review being undertaken by the UK Intellectual Property Office. The chapter addresses UK registered design protection, and the various forms of unregistered design right that now subsist in UK law. It also outlines the way in which designs may be protected via other intellectual property rights. The chapter then reviews the process for obtaining UK registered design protection and considers various aspects of design enforcement in the UK, including choice of forum, ‘unjustified threats’, the particular approach of the UK courts to design cases, remedies and criminal enforcement.