Fashion moves quickly, but the law that protects a design’s appearance works to fixed terms, and those terms differ sharply depending on the type of right. This article explains the main UK design rights, what each lasts, and what the government has said about changing the unregistered part of the system.
What has the government said about UK design rules?
The UK government consulted on changes to its designs framework, with the consultation launching on 4 September 2025 and running for 12 weeks, according to the published government response. The response page records 90 responses and shows an update dated 4 November 2026.
Three points in the response matter most to anyone who designs or sells clothing, shoes or accessories:
- The government will not abolish the UK unregistered design right, having dropped that proposal in view of its value to designers and its use in litigation.
- It will legislate, “when parliamentary time allows”, so that a supplementary unregistered design can arise from disclosure anywhere in the world.
- It will consider further whether to add a grace period, and says no decision has been made on that.
No implementation dates are given, so nothing in the rest of this article changes yet. It describes the rules as the government’s own guidance sets them out.
Why design rights differ from copyright and trade marks
Design rights protect appearance: how a product looks, rather than how it works or what it is called. A trade mark protects a brand identifier such as a name or logo. Copyright protects original creative works. The three can overlap on a single garment, and the government response notes that on the overlap between designs and copyright it will take no legislative action and will let case law develop.
For fashion, the practical point is that the design right is the one most closely tied to the look of the object itself: the cut, the shape of a bag, a pattern, a colour scheme. How far a particular garment qualifies depends on the facts, which is why this guide is general rather than specific.
What automatic protection exists for a new design?
Several rights arise without any application or fee. GOV.UK states that you “do not have to apply or pay a fee” for the unregistered rights.
| Right | What it protects | How long it lasts |
|---|---|---|
| UK unregistered design right | The shape and configuration of three-dimensional articles | Up to 15 years from the end of the year in which the design was first recorded or an article first made |
| Supplementary unregistered design (SUD) | The 2D and 3D appearance of the whole or part of a product, including colours, texture, materials and ornamentation | Three years |
| Unregistered Community design (EU) | Designs first made public in the EU | Three years from the date made public in the EU; it does not protect the design outside the EU |
On the first of these, GOV.UK also gives a shorter alternative: the earlier of 10 years from the end of the year the article was first made available for sale, or 15 years from the end of the year it was created. It adds that in the final five years others may ask for a licence to use the design.
How long does protection last in practice? A worked example
Take an illustrative handbag shape. Illustrative arithmetic only, using the terms above:
- The design is first recorded in 2027. The UK unregistered design right can run for up to 15 years from the end of 2027, which is the end of 2042 at the latest.
- If the bag is first put on sale in 2028, the alternative route gives 10 years from the end of 2028, which is the end of 2038. The earlier of the two dates applies, so protection would end at the end of 2038.
- A SUD for the bag’s appearance, if the design is first disclosed in the UK on 1 March 2028, would last three years from that date, to 1 March 2031.
The point is not the precise dates, which depend on the facts, but the gap: a fashion item sold for a decade may be protected for a decade in its shape, yet for only three years in its overall look unless registered.
Why does the place of first disclosure matter?
GOV.UK’s guidance on changes to unregistered designs states that a SUD “is established by first disclosure in the UK”. It also states that first disclosure in the EU does not establish a SUD, and may remove novelty if you later claim UK unregistered rights.
For a label that shows a collection first at an EU event, or posts images online before anything is shown in Britain, this is a real consideration. The government’s commitment to legislate for a SUD to arise from disclosure anywhere in the world is aimed at exactly this uncertainty, though it is not yet law.
The guidance also says that where a design is first disclosed in the EU, it may still be possible to register it in the UK, but you would need to do so within 12 months of the first disclosure.
The calendar matters here as well, because shows and presentations are the moments when designs first become public. Our explainer on the fashion calendar shows how the seasons fall through the year.
What does registering a design add?
Registration is the longer and more formal route. GOV.UK says a registered design helps protect “the appearance of a product, such as its shape or pattern”, and that it also makes it easier to prove the design is yours and when you created it.
The main terms, according to GOV.UK:
- A registration lasts 5 years and must be renewed every 5 years, up to a maximum of 25 years.
- Registration costs from £60 for one design to £185 for up to 50 designs.
- The design must be new, and can cover physical shape, configuration, decoration or colour, or pattern.
- A decision is expected within two weeks, according to the GOV.UK page.
A simple calculation shows how a multi-design application scales. At the top of the quoted range, £185 for up to 50 designs works out at £3.70 per design (185 divided by 50), compared with £60 for a single design. That is arithmetic on the published headline fees only, and it does not include any renewal fees, which the pages consulted do not list.
At five-year terms, the 25-year maximum means a design could be registered once and renewed four times. That is a long run for a single silhouette or print, though few garments stay commercially relevant that long.
Can anything not be registered?
Yes. GOV.UK lists exclusions: offensive material, designs using national flags without permission, designs using official emblems or hallmarks, and the functionality of a design. The last point is a useful reminder that design rights cover appearance and not how a thing works.
A design also has to be new. For a designer, that is one more reason to keep a record of when a design was created. GOV.UK suggests evidence such as signed and dated drawings, or photos certified by a solicitor or intellectual property attorney.
What does this mean for buyers and small labels?
For shoppers, design law mostly operates out of sight. It shapes why look-alike items appear at some times and not others, and why a design’s protection may have expired while the brand behind it persists. Whether any specific product copies another is a legal question for the courts and not something a comparison of photos can settle.
For small labels, the trade-offs are practical:
- Records first. Keep dated sketches, patterns and samples.
- Know the clock. Automatic rights are short for appearance, so a design meant to earn for years may justify registering.
- Mind where you show first. The UK and EU rules treat first disclosure differently.
- Check the current guidance. The government has signalled change but set no dates.
Other fashion rules rest on official standards too, and are worth knowing alongside design law. Readers interested in how claims on clothing are judged can see our guide to fashion green claims, and those curious about how garments are made and altered can read about what a tailor can and cannot alter.
Where design law stands for now
The UK’s design system gives fashion several overlapping layers: automatic rights that cost nothing but last for limited periods, and registration for those who want a longer, provable term. The November 2026 response keeps the unregistered design right and points to a wider SUD, with the question of a grace period still open.
Until legislation arrives, the rules in the GOV.UK guidance continue to apply. Anyone relying on them for a real design should check the current text, and take advice from an intellectual property professional.
This article is general information based on published government guidance and is not legal advice.
Sources: GOV.UK (Design right); GOV.UK (Register a design); GOV.UK (Changes to unregistered designs); GOV.UK (Government response to the consultation on changes to the UK designs framework)
