What does the Brexit deal mean for designers?

Now that both sides have agreed an exit deal, I wanted to take a look at its impact for the design industry, what are the new rules and what will we no longer be able to do? After years of negotiation, the UK and EU finally agreed upon a Brexit trade and cooperation deal on December 24th 2020.

In the years following the 2016 referendum, there have been reports on what leaving the EU could mean for the design industry. There have been concerns on free movement of workers, intellectual property rights and movement of goods and services. The potential impact of these restrictions have worried designers to say the least.

UK designers have lost the automatic protection of unregistered designs in the 27 European Union countries, despite the efforts of organisation Anti Copying in Design. This means that a design first published in the UK does not qualify for EU protection as a EU copyright directive.

Until 31st December 2020, UK designers were able to rely on that unregistered design right. The EU design right protects the individual character of a design with specific references to colour, shape, ornamentation, lines, contours, texture and materials. The UK design right protects only the shape and configuration of products.

Another important factor to consider would be that free movement has ended. UK nationals no longer have the freedom to work, study or live in the EU and visas will be required for stays longer than 90 days. A new immigration system will apply from 1st January 2021, meaning that EU citizens moving to the UK to work will need to have a visa. EU citizens applying for a skilled worker visa will also need to prove they have a job offer and an employer sponsor.

So how else could designers be affected? We’ve heard a lot about the introduction of work visas for individual countries rather than the EU as a whole, but they have already been criticised as a major barrier for the music industry. Although none of us are looking at going abroad right now, the agreement could also present challenges for designers looking to participate in touring exhibitions and selling goods and services to European partners.

There had also been concerns that the UK’s inclusive design industry would suffer as a result for Brexit, starting at an educational level. While the Erasmus programme, which allowed UK students to study abroad in the EU, has been discontinued. A similar programme is being set up in its place, but only time will tell how effective it will be.

While many will welcome the deal over a no-deal Brexit, I believe uncertainty will continue into 2021. The UK design industry, however is well equipped to meet these challenges, It is adaptable and able to respond to rapid changes. Will you be affected by these changes?