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UKIPO review proposes scrapping protection for AI-generated designs and modernising UK design law: IPEC small claims track, oppositions, novelty refusals, bad-faith curbs and post-Brexit fixes

Published on: 09 September 2025

Published by a Law360 reporter
Legal News
Article summary

The UKIPO stated that the existing regime safeguards certain computer-generated designs lacking a human author. In theory, this seems to extend to outputs made by AI, yet the courts have not pronounced on the matter, it added. Parliament’s clear aim was to spur investment in AI by embedding protection for computer-generated designs in the Copyright, Designs and Patents Act 1988, the office noted. Nonetheless, there is little proof that these rules ‘are used or are valuable’. In light of recent progress in generative AI, the government’s favoured approach is therefore to abolish the present pathway to protection for computer-generated designs. The UKIPO indicated it may keep the provisions if it receives evidence demonstrating that the regime materially boosts investment in generative AI over the longer term significantly...

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