Association calls for SME-friendly enforcement and protection against overseas copying
BHETA has submitted a comprehensive 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 submission, sent to the Intellectual Property Office on 25th November, addresses the needs of DIY, housewares, garden and small electrical suppliers who face growing threats from overseas manufacturers and AI-enabled copying.
What BHETA Is Asking For
Our response focuses on five key priorities that matter most to members:
Affordable enforcement for SMEs – 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.
Protecting unregistered design rights – Many 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.
Tackling overseas and online copying – With many members facing copying from overseas suppliers selling through online marketplaces, BHETA has called for practical enforcement mechanisms including border controls and marketplace takedown procedures.
Clarity on AI-generated designs – 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.
Support and guidance for members – BHETA has asked the IPO to provide clear, SME-tailored guidance and work with trade associations to educate businesses about the new regime.
Key Concerns Raised
Steve Richardson, BHETA Marketing Director, explained: "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."
The response highlights several risks that could disadvantage SMEs:
-More rigorous examination or higher costs could deter smaller businesses from registering designs
-Consolidation of unregistered rights might inadvertently narrow protection
-Shorter protection terms (such as the proposed 5-year limit) could disadvantage products with longer lifecycles like garden furniture
-Even simplified regimes may remain difficult for SMEs without dedicated IP teams
What Happens Next
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.
Members who have experienced design copying or would like to discuss how the reforms might affect their business are encouraged to contact Steve Richardson at sr@bheta.co.uk.
The full BHETA response:
Background
The Government launched its consultation on 4th September 2025, seeking views on modernising the UK designs framework to make it simpler, more accessible and more effective at deterring copying. The consultation closed on 27th November 2025.
