Innovation and enterprise blog

Introduction

This blog is written by members of the Business & IP Centre team and some of our expert partners and discusses business, innovation and enterprise. Read more

27 March 2020

A message from the BIPC

British Library from Pullman Hotel (Credit Tony Antoniou) resized
Photo credit: Tony Antoniou

Since 2006 our doors have been open to everyone.  Throughout this time our mission has remained constant: to help businesses to innovate and grow, and to diversify and democratise entrepreneurship across the country through our free and low-cost support from our base at the British Library, and, more recently, across ten London boroughs and our national network of BIPCs.

Like you, only a couple of weeks ago we were also looking ahead to scaling-up and developing our services, with a central government investment in the regional expansion of business support via libraries, enabling us to reach both the high street and rural areas. Now, like you, we are adapting to the new and changing patterns of our lives. In these unprecedented times, we, at the British Library and our partner libraries, find ourselves spread out in our own homes and unable to offer our normal face-to-face support.

But opportunities remain. Technology keeps our network of libraries working together with our expertise and resources pooled. It also keeps us connected with you and, during this time, we are providing many of our normal workshops as webinars, and free online one-to-ones will soon replace walk-ins and meetings. We are also working on developing content that is relevant to these unique and uncertain times. Please do make sure that you are following us for the latest updates, including additions to our schedules and our offering. As you will have seen in the news over the past weeks, the business landscape is changing at a rapid pace and we, along with our service delivery partners, are working to be as reactive as possible to the impact these developments will have on small businesses.

An extremely important  group in our community are the fellow advisors and presenters who work with us, running the workshops and events. I’d like to use this moment to personally thank all of them, especially as we  look at transforming our services together, to ensure we can continue to offer our support during this period.

More so than ever, we know how important it is for us to stay connected with our users and to provide support through the training and mentoring that we can still offer you. Our doors remain open – in the virtual sense for now -  and we’ll listen to you across social media and through our helplines to inform what it is you need us to be in the coming weeks and months.

We remain committed to the success of new start-up businesses using our services, as well as the well-being of the courageous entrepreneurs who lead them.  Despite the multiple hurdles ahead, we will  be here to help you keep your ambitions alive.

Isabel Oswell

Head of Business Support Services

02 March 2020

Getting to grips with IP: Back to basics

We asked Briffa, a boutique IP law firm based at the Business Design Centre in Islington, who are specialist IP lawyers and Business & IP Centre delivery partners, to unravel the confusion and complexities around IP…

Éamon Chawke
Éamon Chawke, Partner at Briffa

IP is like spaghetti. A big tangled mess. We frequently hear people say things like “I want to trade mark my idea!” (you can’t) or “how do I patent my business model?” (you can’t) or “I paid you to design something, so surely I own the copyright!?” (not necessarily). It’s only when we untangle the spaghetti and get to grips with the individual rights that sit underneath that umbrella term that we can hope to discover how intellectual property can be used to protect the fruits of our creative labour. So here are a few basics to get started:

What is intellectual property?

Intellectual Property, or IP, is an umbrella term we use to describe a collection of rights which, broadly speaking, allow people to control the use of their creations. The common thread that runs through all IP rights is that their value derives, in part at least, from the ability of the IP owner to exercise monopoly control over what they have created. Or, to put it another way, to stop someone else from using their stuff.

What are the main IP rights?

The four main statutory IP rights are:

  • Copyright - which allows the creators of literary, dramatic, musical, artistic and other creative works to prevent third parties from copying or otherwise using their works without authorisation
  • Trade marks - which allow the owners of brand assets such as names, logos, slogans and jingles to prevent competitors from using those brand assets without authorisation
  • Design rights - which allow product designers to prevent others from using their designs without authorisation
  • Patents - which allow inventors to prevent others from using their inventions without authorisation.

How do I get these IP rights?

There are two main categories of IP rights, registrable and unregistrable. As the name suggests, registrable IP rights are rights that require registration in order to secure protection. Conversely, registration is neither necessary nor possible in the case of unregistrable rights. Instead, those rights simply arise automatically.

What are the registrable rights?

The main registrable rights are:

  • Patents
  • Trade marks
  • Registered designs.

In the case of these three rights, protection normally starts from the date the application is filed (not the date the registration process is completed, which in the case of trade marks might be a number of months after the application is filed and in the case of patents might be a number of years after the application is filed). Patent protection normally lasts for 20 years and renewal payments must normally be made annually to maintain the patent.

Trade mark protection lasts forever provided that renewal payments are made every 10 years.

Registered design rights last for a maximum of 25 years and renewal payments must be made every five years.

What are the unregistrable rights?

The main two unregistrable rights are copyright and design rights. In the case of UK unregistered rights (copyright and UK unregistered design rights) protection arises automatically from the moment of creation, usually in favour of the creator. Copyright usually lasts until 70 years after the death of the creator of the work (though the term of protection is shorter for some categories of work). UK unregistered design rights last for 15 years from the date the design is created or 10 years from the date the design is first made public, whichever occurs first. EU unregistered designs rights last for 3 years from the date the design is first made public in the EU.

Copyright protection ‘usually’ arises in favour of the creator? Huh?

Yes, the default position under English copyright law is that the creator of a work is the first and automatic owner of the copyright in that work. However, there is a major statutory exception to that rule. If the creator of that work is acting in the course of their employment, then copyright rests automatically with the employer and not the employee. In many cases, an employment contract will contain an IP clause confirming that the employer and not the employee will own any IP created or developed by the employee in the course of their employment.

But surely if I pay someone to design my logo I own the copyright, no?

Not necessarily. As above, the default position is that the creator of a work owns the copyright in that work unless they are an employee acting in the course of their employment. So if you pay a freelance artist to design a logo, no, you will not necessarily own the copyright in the logo (even if you have paid them). Depending on the circumstances, you may have an implied right (licence) to use the copyright but an implied licence is not the same as full ownership and if you want to secure full ownership of the copyright in your logo you must have a written copyright assignment signed by the artist.

What about ideas generally? How are those protected?

IP rights generally do not protect ideas. They protect the expression of ideas. For example:

  • Copyright protects artistic works (i.e. the physical expression or manifestation of an idea such as a photograph of a bridge taken at sunset), but it does not protect the idea or concept behind the artistic work (i.e. the idea of taking a photograph of a bridge at sunset)
  • Design rights protect the appearance of products (i.e. the shape and surface decoration on a piece of furniture), but they do not protect the idea or concept behind the appearance of the product (e.g. a rustic style or a modern style of furniture)
  • Patents protect inventive products and processes (i.e. a new technical invention for automatically locking a car using a sensor), but they do not protect the idea or concept behind the invention (e.g. the idea of having cars lock automatically upon a sensor going out of range of a vehicle)
  • Trade marks protect specific brand identifiers (i.e. a particular word, logo, strapline, colour or shape that customers use to identify the brand), but they do not protect the idea or concept behind the brand identifier (a particular style adopted by a range of brand identifiers).

So there is no way to protect an idea or concept?

The best way to protect an idea or a concept is to keep it confidential and control its disclosure by ensuring that anyone you share the idea or concept with signs a non-disclosure agreement (or NDA) which contractually precludes them from sharing the information publicly or taking the information and using it for their own purpose. A famous example of information which has retained its value by virtue of its confidentiality is the recipe for Coca-Cola. Its value does not derive from the fact that that the recipe is patented, or from any other registration. Its value derives from the fact that it is a very closely guarded trade secret.

What about ‘taking inspiration’ from someone else’s work? Does that infringe their IP?

Big question, short answer. It depends. All IP rights have different legal test for what constitutes infringement and these different legal tests therefore determine the scope of protection afforded to the IP owner. So let’s take a look at two examples: infringement of copyright and infringement of registered design rights.

Infringement of copyright

The test for infringement under English law is whether or not the alleged infringer has copied the ‘whole or a substantial part’ of the original copyright work. If the whole or a substantial part of the actual original work has been copied (e.g. the specific artistic pattern) then there is a likely a case to be made for copyright infringement. If the whole or a substantial part of the original work has not been taken (e.g. the specific pattern has not been copied but only the concept/idea/style of the pattern has been taken) then it is less likely that there is a case to be made for copyright infringement.

Infringement of registered design rights

The test for infringement under English law is whether or not the alleged infringer has created a product which creates ‘the same overall impression’ as the earlier registered design. If it does (e.g. the two pieces of furniture create the same overall impression from the perspective of an informed user e.g. a furniture enthusiast) then there is likely a case to be made for design infringement. If it does not (e.g. the two pieces of furniture are somewhat similar but they do not create the same overall impression such that an informed user e.g. a furniture enthusiast would very easily tell them apart) then it is less likely that there is a case to be made for design infringement.

So I might get into trouble by simply taking inspiration from the world around me? Madness!

Well, the first point to bear in mind is that in these situations the specific facts of the case are crucially important. 

With copyright, a court would look at the most creative/important bits of the earlier design. If those bits have been copied, the court might find that the infringement claim is made out (even if those most creative/important bits only make up a minority of the overall earlier design i.e. the test for copyright infringement is more qualitative than quantitative).

Similarly, with design infringement, the court would look at the things like any existing designs, which might be very similar to the earlier design. If there are lots of similar designs out there, the scope of protection of the earlier design will be narrower (i.e. limited to the differences between all the other similar designs); whereas if there are not, and therefore the earlier design is quite unusual/novel, the scope of protection will be broader.

In the final analysis, it is better to be inspired by concepts, themes and/or ideas if possible, and to develop a new creative work based on those concepts, themes and/or ideas. If you start by copying an existing creative work and modifying it here and there in an attempt to put distance between the old work and the new work, you run the risk of incorporating into the new design elements from the old design which will quite obviously be the result of copying rather than coincidence.

My head hurts, what now?

IP is not just like spaghetti, it’s a veritable spaghetti monster with issues too complex for Oprah. My advice: take advice. The British Library’s Business & IP Centre offers a wealth of advice and resources to businesses and individuals who are trying to wrap their head around their IP. Take a look at the website to find out more.

Similarly, Briffa is always happy to take your call/meeting and give you a steer on any IP issue. Contact 020 7288 6003 or email to book a free consultation.

Briffa logo

26 February 2020

Meet our delivery partner: Elaine Powell

I remember when I attended a workshop delivered by my friend Jessica Huie on Raising your profile through PR. It was such a great session, delivered in a short space of time with amazing tips to implement, that I left feeling inspired and ready to start raising my profile.

Afterwards as I searched through the British Library courses, I saw that there was a gap for courses on public speaking and pitching. 

Elaine at Start-up Day 2018
Elaine at Start-up Day 2018

You see, I was someone who grew up not being self-expressed for fear of people not liking me, my responses or my opinions, I did not share myself and therefore stopped my growth and development that comes from being self-expressed.  

When I began to work in the corporate sector, I had to learn to speak up and out, but it was never comfortable for me, as I would rather keep quiet at the back of the room. Now don’t get me wrong, I could be the laugh and soul of the party. My friends knew me to be talkative and lively at times, but when it came to officially standing up front and centre, I would usually decline. I know many people are like that too.

So when a friend invited me to a speaking club, I thought, “let me see if this will support and help me” and indeed it did. After winning many competitions, I became a trainer for a charity going into schools delivering public speaking. So my speaking journey began and ten years on, is going from strength to strength.

Over the years I have trained over 25,000 people in public speaking and leadership mindset, delivered 600 workshops, presented 150 talks internationally, and curated a TEDx event for three years in London. Most importantly, I love what I do.

So when I saw that I could deliver these workshops and enable others to find their voice and pitch their business and ideas to others, I jumped at the chance.

Who are the workshops aimed at?

I find that there are two types of people who attend the workshops.

Firstly, they are entrepreneurs and business owners who need to pitch their ideas to gain new clients, business investors or funders. They also attend the presenting workshop as it goes hand-in-hand that being able to deliver with confidence, authenticity, and passion is essential.

Secondly, those attending are usually working for an organisation and either within their roles have to pitch frequently or deliver presentations. Hence why they also come to the presentations workshops.

Lastly, there are those that have always wanted to deliver presentations and know that by attending the presentation skills workshop will give them valuable tools and build their confidence at the same time.

Both workshops are highly interactive and feedback is given by all who attended as 1% of 100 people is more powerful than 100% of 1 person.

Elaine and workshop attendees

So what is covered in your workshops?

Pitching With Confidence Workshop

During the workshop you will learn:

  • Why pitching is vital to any business
  • Who you need to ‘Be” for people to buy into you and your business
  • How to craft an engaging elevator pitch
  • What goes into creating a five step pitch architecture
  • How to be an engaging presenter and remain calm 

At the end of the workshop you will:

  • Know who you need to ‘Be’ when pitching
  • Have an outline for your elevator and 5 minute pitch
  • Have practised your elevator and 5 minute pitch
  • Have more confidence to pitch your business, ideas or requests
  • Understand what any audience is looking for when you are pitching
  • Receive feedback on your elevator pitch 

You will come away feeling a lot more confident about your pitch and receive valuable feedback. If you haven’t got a pitch, you will take-away at least a frame work, knowing what your ideal audience want to see, hear and know about you, your business and most importantly what can you do for them.

Presenting With Confidence Workshop 

Presenting with confidence, is something that most people aspire to do well. Whether it is standing up talking at a meeting, delivering a presentation or sharing your voice, opinions and views with others.  When you Present With Confidence you get to touch, move and inspire others.

During the workshop you will learn:

  • How you can effectively use vocal, verbal and visual techniques to engage any audience
  • Understand what nerves are and learn tips to control them
  • How to gain confidence in yourself and your speaking ability
  • How structure is vital to keeping audience attention
  • Gain clarity around your key message
  • Learn how to write and deliver a short engaging speech

At the end of the workshop you will:

  • Have practised speaking several times
  • Delivered a two minute personal story or presentation
  • Increase your ability to persuade and influence
  • Speak with confidence and charisma
  • Learnt how to manage your fears and nerves
  • Start having fun being self-expressed
  • Receive professional feedback

Very importantly you will get to see that you are really much better than you thought, especially after we spend time looking at your mindset regarding public speaking that actually isn’t serving you and creating something that does.

Lastly, we get to have fun in all my sessions. Laughter is a great way to spend the session.

I look forward to seeing you there.

You can see all of the British Library’s Business & IP Centre’s upcoming workshops and events here.