Attire Accessories - Feb/Mar 2019 (Issue 74)

80 IP PROTECTION Dids Macdonald discusses post-Brexit intellectual property rights Have you thought how your Intellectual Property (IP) rights will be affected by Brexit or how to ensure design protection continuity? In a world of confusion surrounding what may or may not happen after Brexit, one thing is for certain: you need to check out the levels of your precious IP protection and ensure you don’t suffer any erosion of your design rights, especially if you rely on unregistered UK and EU design rights. If you have put a belt and braces around your IP and have a registered Community trademark or a registered Community design, we have been assured by the Intellectual Property Office (IPO) that there will be no loss of these rights and that they will be covered in the Withdrawal Bill with the least amount of disruption and minimal cost. However, as the majority of UK designers rely on unregistered UK and EU design rights, there is a real concern. This is an issue that cannot be dealt with by the UK alone through any deal or no deal contingency (such as the technical papers issued recently) or any domestic legislation such as the Withdrawal Agreement. When the UK leaves the EU, it will no longer be possible for UK designers whose designs are first exhibited in the UK to claim the EU design right protection in the other 27 member states of the EU. This is because in order for the EU right to come into being in the first place, the first publication or exhibiting must have taken place in an EU member state, and from 1 st April, 2019, the UK will not be an EU member state. This lack of protection could devastate many micro and SME businesses that rely on unregistered EU designs, as they will not be able to block copies of designs being made and sold across the EU because they will not be protected. It is vital that the UK design community shares its concerns with appropriate ministers in the government to ensure that in its discussions with the EU, this protection is preserved. If you wish to join the ACID campaign and write to your MP, please send an email to info@acid. uk.com to request a template letter. Currently there are two types of Unregistered design rights UK – This lasts for a maximum of 15 years and offers protection for the shape and protection of a 3D design. In the last five years of any unregistered design right, you must give a licence of right to anybody who asks. The IPO outlines how you can apply to the design right or copyright owner to vary the terms of the licence of right. EU – Although only lasting three years, an EU-unregistered design protects the complete appearance of the product, including its lines, contours, colours, materials, texture and shape. Interestingly, EU intellectual property law dictates that unregistered design right covers a design/product in its entirety. It is a much broader and stronger protection. Post-Brexit, the IPO has assured designers that they will create a further UK unregistered design right equivalent to the above EU right, but this will only be applicable in the UK, and designers will lose protection in the 27 remaining states unless action is taken. Brexit-proof your trademarks and designs There is still time to register your trademarks and designs in the EU and benefit from protection in the 27 remaining states. A trademark is a unitary right and will last forever as long as you use it and pay for renewals. A registered Community design is a monopoly right and lasts for 25 years as long as it is renewed every five years. Basically, you have a numbered certificate that says you own your design, and it precludes others using it without permission and you don’t have to prove copying. If someone does infringe your design in, say, France, Germany, Italy or indeed any of the EU member states and you have a registered Community design, you can take enforcement action against them. Visit euipo.europa.eu Sending a message of deterrence and prevention post-Brexit will be more important than ever for UK designers. Being a member of Anti Copying In Design (ACID) does what it says on the tin and sends a powerful message that UK designers know about their IP rights and will assert their rights if copied. If you don’t want to be copied, say so. There is no better place to do that than on your website, email signatures and all marketing material. ACID W: acid.uk.com