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Campaigning Manifesto

Over A Quarter of a Century Later – A Manifesto Committed to Design & IP

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Anti Copying In Design (ACID) is the leading voice on design and intellectual property (IP) in the UK and has evolved into a pivotal player, championing designers’ rights, with a particular focus on combating unregistered design infringement. Founded in 1998 to support designers and creators against the growing issue of design theft, ACID provides a united voice for those whose original work is vulnerable to infringement. With its roots in advocacy, legal support, and education, ACID champions ethical design practices and promotes respect for IP as a cornerstone of innovation and growth. As we campaign for stronger protections and broader public understanding, we align with ACID’s mission to ensure that creativity is rewarded, not exploited. This campaign aims to empower designers by spotlighting their rights, offering tools to safeguard their ideas, and fostering a culture where originality is celebrated, not copied. By supporting ACID’s values, we strive for a future where design integrity is recognized and respected.

Parity of Rights – Unregistered Design Infringement with Copyright: A Necessary Step

One of ACID’s ongoing dialogues with the government is the advocacy for the intentional infringement of an unregistered design to be recognised as a criminal offence. Despite concerns (with no tangible evidence) from opponents suggesting potential chilling effects on innovation and business uncertainty, ACID has consistently argued that criminalising such infringement is essential for protecting the skill and ingenuity of designers. This step would not only reinforce the severity of the offence but would act as a potent deterrent against illicit activities.

Unregistered design infringement poses a significant threat to innovation and creativity. While civil remedies offer some protection, they are inaccessible to the majority of UK designers who are SMEs, because of cost and time constraints. The introduction of tougher sanctions sends a clear message about the legal system’s commitment to upholding intellectual property rights. This approach safeguards the rights of designers, fosters an environment conducive to innovation, and ensures that creators can reap the rewards of their endeavours without fear of unauthorised copying. Additionally, stronger protection empowers law enforcement to take swift action against perpetrators, especially in the digital age where replication challenges IP rights. In summary, incorporating criminal provisions, similar to those enjoyed by copyright creators, into the legal framework for unregistered design infringement is crucial for bolstering IP protection, preserving innovation incentives, and signalling a strong commitment to upholding designers’ rights amid evolving challenges. After all, why should a songwriter have stronger rights than a furniture designer?

The Design Economy’s Success Story

The design economy, a significant contributor to UK growth, employs approximately 1.97 million people and contributes nearly £100 billion in Gross Value Added (GVA), accounting for 4.9% of the country’s overall growth. ACID conducted two surveys revealing that approximately 90% of respondents believe copying is blatant and deliberate, underscoring the urgency of addressing design infringement.

Focus on Government Collaboration and AI Principles

ACID’s focus is to collaborate positively with the government, ensuring cost-effective and timely access to justice. The organisation aims to address the stress faced by lone designers, micro-businesses, and corporations dealing with continuing infringement before an expected Designs Consultation in July 2025. Additionally, ACID remains actively engaged in discussions around Artificial Intelligence (AI), supporting the establishment of high-level principles for AI developers to secure consent, transparency, and robust systems to avoid IP infringement. Paramount is that IP creators are not disadvantaged by unauthorised use of their IP by generated AI for training purposes without transparency, attribution, or recompense.

Under continuing discussion are:

  • IP Insurance
  • Inclusion of registered design infringement in the Intellectual Property Enterprise Court (IPEC)
  • Simplification of the legal process for design disputes
  • Addressing cost, validity, speed, choice, and simplicity in the current design framework to achieve much-needed design law reform.

Online Infringement and Accountability Measures

Following an increasing number of instances where SMEs face significant challenges of copied products for sale online, ACID is working collaboratively with global online marketplaces to establish best practice and negotiate the possible use of evidence from the ACID IP Databank to support easier and effective take-down of infringing designs and products. This work is ongoing.

Key Achievements to Date

  • ACID’s 25+ year journey is marked by several key achievements:
  • Founding Anti Copying in Design in 1998
  • Successfully lobbying for a name change from Patent Office to IP Office
  • Campaigning for a dedicated IP Minister in the UK
  • ACID’s Chief Counsel co-founded the Alliance for IP and contributed to the establishment of the IP Crime Group
  • Influencing the increase in copyright criminal term from 2 to 10 years in 2002
  • Creating a ground-breaking alternative dispute resolution protocol at exhibitions with 5000+ successful outcomes
  • Championing the Small Claims Track introduction to the IPEC in 2008
  • Successfully lobbying for fee reduction for registering designs
  • Influencing the introduction of intentional infringement of a registered design as a crime in the 2014 IP Act
  • The 2014 IP Act, as well as criminalising intentional registered design also includes criminal penalties for individual directors
  • Advocating for a new Supplementary unregistered design right post-Brexit
  • The organisation’s impact is further highlighted by the acknowledgment of former IPO CEO Ron Marchant, stating that ACID has “changed the whole perception of Design as IP over the last 25 years.”

In conclusion, ACID’s quarter-century journey has been marked by a relentless commitment to protecting designers’ rights, influencing legislative changes, and shaping the narrative around the importance of IP in the design landscape. As the organisation looks ahead, its focus remains on collaboration, innovation, and ensuring a robust framework for IP protection in the ever-evolving landscape of design, design skills, crafts, and technology.

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Become an ACID Charter Signatory

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