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 2026

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

A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Firm says its work with a biotech client could signal a sea change in how - and when - law firms enter the drug development process
Evan Lazerowitz, attorney in Robinson + Cole’s bankruptcy and reorganisation group, offers key takeaways for IP interested parties in bankruptcy and insolvency proceedings
While the UK sees heavy IP rankings movement, Germany’s new tiered UPC table signals a shift from early adoption to market maturity
In an exclusive interview, Bernard Ledeboer reveals how a Consolid-backed group of firms wants to expand across Europe, invest in AI and centralise operations to compete at the top tier
Not all private equity firms are the same, so leaders at four externally backed IP firms came together to discuss the frameworks they followed and how they ensured a cultural fit
Top-tier German and Spanish firms are among the advisers on a Europe-wide copyright and licensing tussle concerning the design of the track circuit in Madrid
Partners Alex Wilson and Andreas Kramer say bigger law firm rivals don’t necessarily gain by having a wider jurisdictional reach
Gift this article