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A pioneering national survey aims to give industry professionals an opportunity to shape UK Design Lawand prevent IP theft
That British design makes a significant and substantial contribution to the economy is beyond doubt. Mat Hunter, Chief design officer of the Design Council says: “In a knowledge economy ideas are money - the UK design industry is worth over £15billion a year to the economy, so it’s important for the UK as well as for individual designers that the ability to protect those ideas is as accessible, applicable and implementable as it can be.”
Design; but more than that, it recognises that it is a potential growth area, with the recent review of Intellectual Property (IP) and Growth (commissioned by the Prime Minister) making clear that: “the role of IP in supporting this important branch of the creative economy has been neglected' (Hargreaves Review, May 2011). To address this, Speechly
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Bircham LLP and research specialists, Mountainview Learning, in collaboration with the University of London, have been commissioned by the Intellectual Property Office (IPO) and the Design Council to explore the effectiveness of design law in the UK and to research ways of bringing the system up to date. The primary objective of this
research is to evaluate the efficacy of design law as perceived by industry. It will assess the actual and perceived benefits, disadvantages and availability of the various remedies that address design right infringement. It will also focus on the practical ways in which the system can be improved, including by reference to the process and procedures, as well as the attendant costs,
he Government recognises the importance of British
with the express purpose of encouraging and promoting innovation in this area. The recommendations from
the report, to be prepared by Speechly Bircham, will inform Government policy and have the potential to effect actual change in the legislative framework. As part of this project Speechly Bircham and Mountainview have created an on-line questionnaire that can be found at
www.surveymonkey.com/s/des ignrights. The questionnaire is
primarily aimed at designers and those businesses that profit from innovation and design, and probes the perceptions that designers and businesses have of the existing design law system. It asks whether designers believe that the architecture of the law and the available remedies are adequate to protect the product of their innovation against plagiarism. Partner and head of the
Intellectual Property, Technology and Commercial team at Speechly Bircham, Alexander Carter-Silk says: “Design law has created and evolved over 200 years largely as a reaction to lobbying by interest groups with the economic power to make their voice heard. In a modern and fast evolving economy this reactive approach to legislation is unsatisfactory. Ultimately it is not what the lawyers or the legislators perceive as appropriate but what is necessary and desirable to secure reasonable financial reward for innovation. The best people to judge that are those who earn their living from innovation and design. This project seeks to give a voice to the designers directly and to suggest how the law can find practical solutions to support design innovation.” In addition to considering the
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perceived adequacy of protection afforded by design law, the information gathered from the questionnaire will be used to assess how the existing processes and the associated cost risks affect the decisions of industry to seek protection in the economic value of their creativity and innovation. Chief economist of the IPO,
Tony Clayton says: “The IPO's call for evidence on the design rights framework, and the research we have already published, shows that there are areas where the complexity
and costs of rights outweigh their value as protectors of value in the market. While the UK design industry has grown in recent years, we have enough evidence to show that the design IP system has not always supported this growth in the best way. This new survey, looking at the costs and benefits through the eyes of designers and design users will help shape, and justify, the case for change. We hope all those with a stake in UK design will have their say
through it".
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