Partner Max Thoma has recently been featured in Law360 discussing the recent proposal by the UK Government to limit AI generated design applications in ‘Sweeping UK Reforms A Mixed Bag For Simplifying Designs’.
In the article, Max discusses how applicants have previously been able to apply for IP protection on design that have solely been created by AI. The new ruling would aim to prevent the UK design system becoming overwhelmed by a large number of applications, and ensure human-created designs do not have difficulty in being validly registered as a result.
Read the extended press release below.
The UK Government is proposing to change the law to prevent a flood of requests for the registration of completely AI generated designs says intellectual property (IP) law firm Mathys & Squire.
The proposal comes as part of a wide-ranging consultation launched by the Government on the intellectual property laws related to designs. Registering designs with the Intellectual Property Office can protect the appearance, shape or decoration of a product from being copied.
Unlike in other areas of intellectual property, UK design law contains provisions that allow protection for designs entirely generated by computer and without a human “author”.
Max Thoma, Partner, of intellectual property (IP) law firm Mathys & Squire comments: “The Government is worried by the possibility that the UK design system could be flooded with thousands of AI generated design applications. In theory AI tools churning out designs that are then registered could block new products from entering the market and make it more difficult for human-created designs to be validly registered.”
The consultation also proposes the introduction of an examination process for registered design applications in some circumstances. This would mean that some design applications will need to be reviewed and approved by the Intellectual Property Office.
Max Thoma says that this change is being proposed as some designs were being registered when they were invalid. In some cases businesses had been using those invalid design registrations to request the removal of a competitor’s product from online shopping sites.
There are number of other proposals in the consultation document including a proposal to make it easier to register animated designs.
