In “Why would the FMCG industry be opposed to criminal sanctions for UK UDR infringement?”, Robert Carlin explains why the IP Federation opposes proposals by the UK Intellectual Property Office to introduce criminal sanctions for infringement of UK unregistered design rights (UDR). He argues that, unlike registered designs, UDR arise automatically without registration or publication, making their existence, scope and validity uncertain and difficult to assess in freedom-to-operate (FTO) searches. While contractual safeguards with external design agencies can manage civil liability risks, they would be ineffective against potential criminal prosecution. Carlin contends that criminalising UDR infringement would create significant legal uncertainty, as criminal courts lack experience in determining the validity and scope of such rights. For the FMCG sector, where rapid, iterative design is essential, this heightened risk could deter innovation and encourage reuse of older designs, ultimately stifling creativity and product development.