Attire Accessories - Nov/Dec 2018 (Issue 73)

Three common myths or howlers It is hardly believable after all this time, but there are still many myths about intellectual property and a lot of those are believed by those who infringe – so ensure you know the top five! Inevitably, there are those who take the fast track to market through copying and many designers are confused by what seems a very complicated area of law. It can be very dispiriting but good design is still a significant factor in acquiring the competitive edge and you should not be discouraged by some of the myths that are bandied about. 1 For example, a lot of copyists wrongly think that if you change a design a number of times or by a percentage, they are creating something new – this is a complete fallacy. For a 3D design, it is whether an alleged copy makes enough overall difference to an original design. It is not the number or percentage of changes that somebody makes to your design but the importance of the elements they have taken from your design which decides whether they have infringed your rights. This will always vary from case to case. 2 Can I register my copyright? No, you can’t because in the UK copyright arises automatically upon the creation of a work in a tangible form (e.g. a design drawing); there is no requirement for registration. However, in the USA you can register copyright. However, you can send your original designs to the ACID IP Databank which provides safe, tamper proof, dated third party evidence of your design’s existence with a unique number reference and a downloadable certificate of lodgement. 3 I want to register my design to protect the way it works You can’t because you would have to apply for a patent rather than a design registration. However, to obtain a patent you would have to demonstrate that the way that your design works is novel and inventive. 4 I have protected the name of my business because I have registered the name at Companies House. You haven’t, because a registered company name does not give you rights in the name on which you can enforce against third parties – for this you need a registered trade mark. 5 If I do not include the ©2018 (name) notice on my work I will not benefit from copyright protection. Not true! In the UK copyright arises automatically when you record your original work in a tangible form. However, it is wise to include such a notice because it clearly notifies others that you are claiming copyright in your work. Whether you are using, protecting or exploiting the intellectual property you create to achieve growth through your new designs, strengthening your brand through registering your trade mark or using licensing to expand growth, it’s good to get “IP savvy!” enquiries@intelligentretail.co.uk ACID W: acid.uk.com @ACID_tweets