Government should provide better protection over design copying
BHETA’s General Manager, Steve Richardson has called for more SME-friendly enforcement and protection against copying of UK companies’ designs by overseas competitors.
The initiative is in response to the Government's consultation on changes to the UK designs framework, advocating strongly for reforms that protect small and medium-sized businesses from design copying.
The BHETA submission, sent to the Intellectual Property Office addresses the needs of DIY, housewares, garden, and small electrical suppliers who face growing threats from overseas manufacturers, especially via AI-enabled copying.
Significant design copying risks
Steve explained, “BHETA believes that there are several priorities that matter most to members – making enforcement more affordable for smaller businesses, protecting unregistered design rights and greater clarity on AI-generated designs.
Our members face significant design copying risks, particularly from third-party suppliers manufacturing imitations and selling them via online channels.
While we welcome the Government's ambition to simplify the designs regime, we've been clear that reforms must be practical and enforceable for smaller businesses, not just large brand owners."
There are five main areas of concern
- Many smaller suppliers cannot afford expensive legal battles against copiers. BHETA has strongly supported proposals to include design disputes in the IPEC small claims track, making enforcement more accessible.
- Many BHETA members rely on unregistered rights because registration can be costly and complex. BHETA has urged the Government to maintain the current level of protection when consolidating unregistered rights.
- BHETA members face copying from overseas suppliers selling through online marketplaces, and the association has called for practical enforcement mechanisms including border controls and marketplace takedown procedures.
- As AI tools proliferate, the law must clearly define who owns designs created with AI assistance, without weakening protection for human designers or favouring automated copiers.
- BHETA has also asked the IPO to provide clear, SME-tailored guidance and work with trade associations to educate businesses about the new regime.
The Government is expected to introduce reforms in 2027. BHETA will continue monitoring the consultation process and working with partners including Anti-Copying in Design (ACID) to ensure members' voices are heard.
More details of BHETA’s lobbying programme can be found on the BHETA website www.bheta.co.uk.