Government launches major consultation to boost UK design protection

Page updated: 7 October 2025

The Government has launched a comprehensive consultation to modernise Britain’s design protection system, offering toy manufacturers and creators a crucial opportunity to influence how intellectual property law supports the industry’s future.

This major 12-week consultation, which closes on Thursday 27^th November, comes at a crucial time for Britain’s creative industries, which contribute nearly £100 billion annually to the economy.

Why this matters for toy businesses

For toy and games businesses, design protection covers everything from action figures and board games to electronic toys and their distinctive styling.

The consultation addresses longstanding challenges that have previously been raised by members. The current system offers multiple overlapping forms of protection – registered designs, unregistered design rights, supplementary unregistered designs, and copyright – creating a complex landscape that can be particularly challenging for smaller businesses to navigate.

Key proposals under consideration

The consultation explores several areas that directly impact toy manufacturers:

• Fighting design theft: Proposals for enhanced examination procedures to prevent anti-competitive registrations where applicants attempt to register products belonging to others or copy existing designs. This addresses a growing problem where legitimate businesses face takedown notices from online platforms due to fraudulent design registrations.
• Modernising for digital innovation: Proposals to accept new file formats including video clips and CAD files for design applications, making it easier to protect animated designs, app interfaces, and complex 3D products. This recognises how toy design increasingly involves digital elements and interactive features.
• Simplifying complex processes: Streamlining everyday procedures for Britain’s 80,000+ design businesses, 92% of which are microbusinesses. Changes could include harmonising response periods, consolidating overlapping rights, and providing clearer guidance that doesn’t require specialist legal knowledge.
• Strengthening enforcement: Exploring a small claims court track specifically for design disputes, making enforcement more accessible and affordable for smaller toy businesses facing copying issues.

Your voice matters

This consultation represents an opportunity to influence how design protection works for creative businesses. The toy industry’s unique needs – from protecting seasonal product launches to managing global supply chains – require specific consideration in any reformed system.

The Intellectual Property Office are keen to hear how the current system works in practice and how a reformed system can support businesses.

How to respond

The consultation runs until Thursday 27^th November and is open to all businesses and individuals with an interest in design protection.

We would like to hear from BTHA members on how the current system works and what changes would make the biggest difference to help shape any response to government. We have created a survey to help members provide feedback and collect case study examples from businesses on the impact that design infringement has on your business. Members can view and respond to the survey here. 

The organisation, Anti Copying in Design (ACID), has been advocating on this work for many years. They have extended an invitation to their workshop to provide more details on the consultation proposals. The workshop is on: 22 October 2025 at 12.30pm. BTHA members interested in attended can sign up here.

Find out more on the consultation on the government website here.

The consultation follows BTHA’s recent educational article from the Intellectual Property Office on design protection options for toy manufacturers.