News

UK IPO fee changes to encourage multiple design filings post Trunki

9 September 2016

From 1 October 2016 the UK IPO fee structure for registering designs in the UK will change.

For many years applicants have had the option of filing one or several designs within a single application but the cost of filing lots of designs to protect various aspects of a product has been prohibitive for many, particularly SMEs.

The importance of carefully scoping out designs for registration with an eye to what competitors may do in future to avoid infringement of design IP rights, was brought into sharp focus in the recent Trunki case reported here. In short, a single design registration will rarely provide sufficient protection for the appearance of a new product and careful legal consideration must be taken when selecting what to include in representations of designs for registration.

The UK IPO has moved swiftly to make it easier and cheaper to file more design registrations to better protect designer’s efforts when using the new electronic filing service. From 1 October the official fee for filing 10 designs in a single application online will drop from £420 to just £70, with even greater savings for up to 20 designs.

At the same time the UK IPO is slashing its fees for renewal of UK designs by between 45{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} and 70{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c}.

For UK businesses with a UK focus this will be particularly welcome news. However the EUIPO’s Community Registered Design system for registration of pan-EU design rights remains tremendous value for broad geographic scope in Europe, as does the Hague system for International designs.

Further guidance on the UK IPO’s new design fees can be found here.

Richard Worthington

Partner, Designs Group

If you require further information on anything covered in this briefing, please contact Richard Worthington (rworthington@withersrogers.com; +44 1179 253 030) or your usual contact at the firm. This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Withers & Rogers LLP, September 2016