CIPA attacks plans to criminalise design law infringement

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

CIPA attacks plans to criminalise design law infringement

A bill that aims to criminalise the copying of designs could see infringers locked up for 10 years and must be reworded, CIPA, a group representing patent attorneys in the UK, has told the government

The draft Intellectual Property Bill is due to have its third reading in the House of Lords on Tuesday. One of its most controversial provisions would make infringing of registered designs a criminal act, punishable by up to 10 years in prison.

CIPA, theChartered Institute of Patent Attorneys, says that the bill must be modified so that it applies only to deliberate criminal copying of designs.

“CIPA does not see the need for this measure,” says CIPA president and former IBM patent attorney Roger Burt. “The existing ways of going after deliberate copying are adequate.” But he added that if politicians want to change the law they should be very careful how they word it. CIPA has proposed making only “deliberate and sustained copying” a criminal offence.

“In some areas of design, it is commonplace for mass-market goods to be inspired by or even look similar to more exclusive goods,” Burt added. “There is generally no intention to deceive. If this is now to become illegal, it will either clog up the courts and the prisons or, more likely, will cause designers to stop producing goods that bear any resemblance at all to current trends and fashions. Neither outcome would be in the public interest.”

The IPO has published a guide to the design law provisions within the IP Bill which is available on its website.

The proposal to make design infringement a criminal offence is seen as a big success for the industry group Anti-Copying in Design (ACID). Managing IP included founder Dids Macdonald in its 2013 list of the most influential people in IP, published earlier this month.

more from across site and SHARED ros bottom lb

More from across our site

Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Mitesh Patel at Reed Smith outlines why the US Copyright Office and courts have so far dismissed AI authorship and how inventors can protect AI-generated works
Xia Zheng, founder of AFD China, discusses balancing legal work with BD, new approaches to complex challenges, and the dangers of ‘over-optimism’
A dispute involving semiconductor technology and a partner's move from Hoffman Eitle to Hoyng Rokh Monegier were also among the top talking points
Gift this article