Innovation and enterprise blog

28 posts categorized "Copyright"

25 April 2022

Ten Things I wish I knew about Intellectual Property when I was younger

Every generation of young people wants to change the world. And they do, in some way.

Right now in someone’s studio flat, or halls of residence or on a gap year adventure is the next founder of a tech giant, a publishing phenomenon or an inventing genius. Of that, there is no doubt. But some may not get the success or recognition they deserve for their originality, creativity or inventiveness. The one thing that can often make or break an entrepreneur or business venture is getting their intellectual property right, first time.

This year’s theme for World Intellectual Property Day is IP and youth: innovating for a better future.

Here is a list of the most common mistakes that I’ve come across in helping thousands of entrepreneurs, creatives and inventors. I’m a little older now having helped so many but I hope what you read here will make all of us that much wiser not matter how young we are.

  1. Knowing how important Intellectual Property actually is.

You don’t know what you don’t know and that’s the point of our first tip. For any new business (or established) not understanding how IP can protect your creations and innovations is a fundamental mistake. There are two sides to IP; one is preventing unauthorised use of what you create and the other is maximising your existing IP as an asset that can acquire value. And if you come to sell your business, a lot of its value potentially resides in your IP. Understanding this and building it into your business strategy will maximise your IP, and therefore, your business impact. But how? That’s the next point.

  1. Getting to know the IP family

Want to patent your idea? Re brand your design? Copyright your invention? Mixing metaphors is one thing but not understanding the different forms of IP and what they do is like being stuck in a maze without an exit. What’s more, knowing a thing you create in your business or a creative pursuit can often be protected by more than one form of Intellectual Property is a great help. I like to call them the IP family. Knowing the difference between them and the job they do will provide clarity, and help you formulate your IP strategy clearly. So, for the record, you patent your invention, register your design and copyright your artistic expression. You trade mark your brand, keep quiet your trade secret and everything else is know-how known only to you. And as we’ll see, timing for all of this is key.

  1. Don’t be late to register or protect your Intellectual Property.

I’ve been an agony Uncle to many downhearted, once enthusiastic, start-ups. What has been the most common problem? ‘I started trading with this amazing brand only to find someone else was using it’. It’s a fundamental mistake. What you think is an amazing name for a product or business is probably so amazing that someone else has got there first. So do your research online but also for the register of existing trade marks in the UK here. Our team in the Business & IP Centre’s around the country can assist you with how to do a basic search. This of course as relevant to all the other forms of IP, so it’s always good to register or protect as soon as you can establish originality.

  1. Don’t overshare and the importance of confidentiality

We’ve all done it. It’s irresistible. We’re so excited and captured by our new business proposition or new gizmo that will change the world that we ‘overshare’. Pub environments are particularly risky. If you do have something of real potential, why tell the world, or just anyone else you know? The other thing I hear often is that ‘so and so stole my idea’. Unfortunately, the idea shouldn’t have been shared in the first place. Knowing what a non-disclosure agreement is and when to use them, is a good first step to securing your idea if you need to share it with interested parties. In fact, when it comes to inventions, anything already known in the world invalidates your application. So, as a rule of thumb, share nothing with no one, unless necessary, and with the right protection in place.

  1. Assuming a good idea is a commercial idea is the easiest mistake.

This is a big one but I have to say it. Lots of people have amazing ideas for inventions or services and create incredible things, but not all of these will be commercially successful. Why? Because there’s no market value to them. The thing you create doesn’t satisfy a big enough demand where people are prepared to pay for it. So a good exercise early on is to ask yourself three questions; what problem am I trying to solve? How big a problem is it really? And does my invention or business provide a good enough solution? Inventors very often fall into this trap. They discover a solution to something without considering the size, and therefore commercial value of the problem. History proves this, as there are piles and piles of granted patents which never made it to market. Anybody care for spray on hair? Electric shoe polishers? But at least we can be reassured that even the biggest and boldest companies can fall into the same trap. Anyone own a Betamax?

  1. Not market testing your new product or service.

With this in mind, it’s just good practice to do prepare a robust business plan that includes some evidence of potential demand for your innovative product or service. Market research and testing are fundamental steps to get right early before properly launching. This helps to safeguard any future investment, both time and resource and IP, that you subsequently put into the business. At the British Library’s Business & IP Centre you can do market research with some of the best researchers and publishers in any given industry. That will help to demonstrate that you’re on the right track (or not).

  1. Not setting an IP budget.

There is a cost to registering some forms of IP, those that are known as registered rights. Specifically, these are patents, trademarks and design. The most costly are patents but you should do all your IP research early and work out what the most cost effective options are balanced with maximum protection (supported by a sound business case). That way you’re on track to make judicious IP decisions that pay off. It’s also very helpful to list IP as a necessary cost alongside other costs such as marketing spend, operational and staffing. Ultimately, if your IP is effective, the asset should pay for itself.

  1. Not factoring in infringement costs

First, some bad news. There are no IP police. You will need to be alert to anyone else copying your invention, using your brand or selling a different version of the same product you created. And it’s up to you then to act. Sadly, as your brand grows with your product or service, you should expect copycats. Imitation, they say, is the sincerest form of flattery, except when it takes out your bottom line or ruins your hard earned reputation. Early and tough action on infringement is the best way to shut down any threats and that will almost always involve some legal expertise. So set aside a war chest in your IP defence but be reassured that there is professional help out there. And that’s when IP lawyers are there to fight for your interests. IP lawyers should be members of professional bodies such as CIPA or CITMA. Also be aware of trading standards for some circumstances of infringement.

  1. Not knowing what to ask an IP attorney

Ignorance is never a good thing, especially when trying to solve a complex problem like IP infringement or a new application for protection. That doesn’t mean you have to be an expert, by any stretch. But at least by having a good solid grounding and understanding of how IP works for you and your business means you can maximise the time and effort of any professional advice you seek. Knowing enough about something to ask really good questions and to evaluate the reply is more power to you and encouragement that your IP budget is paying back. Time is money (especially legal time) so cut out the IP small talk and get to the crux of the IP issue and its possible resolution.

  1. Not starting with your Business & IP Centre or Patlib!

How could I not conclude by inviting anyone with an IP issue or question to get in touch with their local Business & IP Centre or Patlib (patent library) network? You’ll be able to talk with staff who have experience and are able to be a sounding board for you to make informed decisions that support your business. No matter what your age (but especially if you’re young), you deserve to be rewarded for your new and innovative creations! And intellectual property is there to ensure you do just that.  

20 April 2022

Inventors of the Month: John Waddington and Anthony Pratt

If you were to hear the names, Professor Plum, Colonel Mustard or Miss Scarlet, the board game Cluedo, might immediately come to mind. And for good reason too. The game is a part of so many of our childhoods.

It’s almost eighty years since the idea for what we now know as Cluedo was first pitched to Waddington games by Anthony Pratt, musician and factory worker at the time. Yet, would you think of it as a Leeds innovation?

Illustration of Cluedo board game from trade mark GB50000000001364562
Illustration of Cluedo board game from trade mark GB50000000001364562

The story goes that he was inspired with his wife, Elva Pratt, to create a board game based on some of the live murder mystery games played in country houses that were popular at the time. The Leeds games company saw the potential of the idea right away and did a deal with Pratt.

The eponymous company was founded by John Waddington in Leeds. Its brand has been a household name in Britain for much of the 20th Century. If you could time travel back to any post war decade and take a peek into any games cupboard in any home in Britain, you’d likely find at least one Waddingtons’ game. Probably more. A household name is not an over statement.

So this was certainly a magnificent opportunity for both games inventor and manufacturer. Waddingtons was becoming a local Leeds institution and their reach would be pivotal to the success of Pratt’s invention.

But what was really the key to making Cluedo such a household name around the world? The answer is in three rather forgettable words, intellectual property rights. Here we see Cluedo’s widespread success and the collaboration between Anthony Pratt and Waddingtons as a fascinating case study in intellectual property (IP) and why these rights are so important.

We’ll see how and what lessons we can learn for a new generation of games inventors (and anyone else).

Monopoly right?

Waddingtons built their early success on another game, which also just happened to become a household name. The new American game, Monopoly. They had the exclusive licence from US maker and rights holder, Parker Brothers, to make and sell in the UK. A very savvy move as it turned out, as the favour was swapped with Parker Brothers eventually obtaining the licence for Cluedo (or Clue as it was rebranded in the US).

So the first lesson here is that being a licensor (the owner of the IP rights) and the licensee can (and should) work in both party’s interests.

It certainly worked for Waddingtons, as Monopoly’s success put them in a strong position to develop more games. Cluedo (and Anthony Pratt’s idea) came at just the right time in the company’s growth potential.

But what of the inventor; how would Pratt protect his idea?

Patently obvious answer

Interestingly, Pratt patented the idea for Cluedo back in 1944. Though if you search for any patent called Cluedo, you won’t find it (for reasons to be explained).

Pratt’s patent specification GB586817, Improvements in Board Games, is a fascinating patent. You can view the original here. A patent is a particular type of IP protection for inventions and/or processes. It is usually technical or mechanical in nature, so it’s interesting to read how a game could be considered as such.

Illustration of cards and weapons from patent GB_586817_A
Illustration of cards and weapons from patent GB_586817_A

Here’s an extract from Pratt’s original patent, outlining the process in playing Cluedo. Anyone who’s played it may well understand the selected extracts;

A board game comprises a board divided into areas representing rooms of a house connected by small squares… ten differently coloured movable pieces representing persons, nine tokens each representing a weapon, and a pack of cards having three suits, one suit containing nine cards which correspond with nine of the rooms… The object of the game is to identify a hidden combination of three cards, one from each suit, as a result of information accumulated during play.

The patent for what we know as Cluedo was granted (meaning finally approved by the Patent Office) in 1947.

This gave Pratt, ownership and rights over the game and the ability to sell or licence the process behind the game to any games maker. Owning the patent also provided him a way to oppose any unauthorised copying.

It raises the question, can you still patent a board game today?

Patents and games

The bar is much higher today to be able to patent a board game. That’s because the same criteria apply, that is the games’ process, or method have to be non-obvious and never been done before. It’s actually more difficult to come up with a really new games process that is truly an innovative step.

It’s also the more costly of the IP rights and takes the most time. There are other IP options, the same ones that Waddingtons also used.

Illustration of Cluedo board from patent GB_586817_A
Illustration of Cluedo board from patent GB_586817_A

Copyrighting a game

Copyright is an automatic and unregistered right, meaning the creator owns it as soon as it’s created. Putting a copyright sign, naming the owner and year of creation on the game is a simple and legally recognised way of asserting your IP rights.

Copyright applies to all artistic and written creations. It includes visual elements, wording and designs incorporated into the whole board game, and all can be considered copyright. If, there was ever any copying of a games look or distinctive elements, the creator can seek redress as an infringement of their copyright.

One other IP right called registered design, can sometimes be used. Especially if there is an element of the game that is three dimensional, such as player tokens.

The other very important IP right in relation to games is the trade mark. You can find more information about IP and board games by reading our Industry Guide.

Protecting the name of the game

The appeal to the game Cluedo is in the name, Cluedo. That may sound like stating the obvious but the creation and use of the name is another very important ingredient in a game’s success. The original name for Pratt’s game was Murder! But the one of Waddington’s company executives, Norman Watson, who ran with the idea promptly changed the name to Cluedo. Which was an apparent play on a Latin word ludo, meaning ‘I play’. A clever games title and eventually a brilliant, valuable trade mark.

Here is a wonderful marriage of concept and process (the patent) with the branding and name (the trade mark), topped with a visually appealing board design and unforgettable player names (the copyright). All of these forms of IP protection acts as bricks in a defensive wall of 'idea protection'.

But if you own the trade mark, in practice you pretty much own the game.

Cluedo today

Our Leeds story goes global, as Waddingtons was purchased by American games giant, Hasbro in 1994. And so, Hasbro obtained all the IP rights to Cluedo. We can see that the registered trade mark for Cluedo is still active today. As well as the trade mark for the board game.

Hasbro have taken Cluedo into new directions. Interestingly, the design of the board game, with its various rooms and names is also now a trade mark. The company is using all means of protection to extend the life of the game and retain IP rights over it. It’s a way to safeguard the investment in its purchase. Is it hardly surprising when we see what a timeless success Cluedo has become?

In recent times there have been many Cluedo spin offs, including novelty versions of the game for the Simpsons and TV comedy Big Bang Theory. Back in the 1980s there were even computer game versions and film as well as a TV show in the 1990s.

It all goes to show how a great games idea, playing on our love of old fashioned parlour games, mixed with Agatha Christie style characters can create something as novel as a board game, lifting a name like Cluedo, to the status of iconic.

So who dunnit?

It was a Leeds inventor and games maker that brought hours of fun to families, down generations, around the world.

Jeremy O'Hare, Business & IP Centre IP expert

12 May 2021

Innovating for Growth Diary Part 2 - Sian Zeng

Every quarter, Innovating for Growth: Scale-ups chooses a cohort of high-growth businesses to take part in our 10 week programme designed to help business owners re-evaluate their business across areas such as marketing, products and services and business model.

We caught up again with Sian, founder and director of luxury wallpaper business Sian Zeng to see firsthand the impact of the programme on her business. You can read about the first half of her Innovating for Growth journey in the first installment of her diary.  Having finished the programme, Sian can now reflect back on what she has discovered and the improvements she has already been able to put into action.

'Since our first post, we’ve now finished the Innovating for Growth Course. And in that time, my team and I have already made so many changes to how we organize ourselves, what we prioritize and how we present our brand.

Before joining the programme, one of my biggest goals was to find out how accurate our financial figures were; our inventory system often failed us and without an accurate stock figure, it was difficult to gain a real insight into how much profit we were making! Up until recently, I’d been keeping our books myself, which was another pressure on my workload and time I could be using elsewhere. 

SianZeng_031_landingpage

During the course, I was lucky to have two one-to-one Financial Planning Sessions with Suzie Campbell from The White Space Collective. In these sessions, we discussed the issues I was facing with bookkeeping, how I could improve our inventory system, our wholesale profit margins and worked through our cashflow forecast so that we can make an informed decision on which projects to invest in and people to hire going forward.

On the book keeping side, Suzie referred me to a company that was very well suited to our ecommerce business and was able to give advice on installing a good inventory system. We’ve now switched to an accountant that can fulfill our business needs.

As a creative business owner, I’m always tempted by so many projects I could invest in or hiring more help, but seeing the cashflow forecast with Suzie and the advice she gave me, I’m now a lot more strategic when making these decisions. I now know what to prioritize and when to stop an investment if isn’t working. 

When it came to my session with Oliver Henderson, I already had several questions I wanted to ask him specific to my sector. Oliver has great research skills and found valuable market information for me to work with.

Hua_Trees_Green_1square_photo_Veerle_Evens_Styling_Charlotte_Love_Sian_Zeng_wallpapers-500x500-ace4382d-3d99-4298-a327-359518a99e96

During my one-to-one with Dave Vann from ABA Design, I came to realize that some of our branding wasn’t translating effectively on our website. Even though our site is very functional and visually compelling, it lacks the storytelling element our brand is known for as a whole. Dave helped me tease out some of the stories I could share on my site, which is something that I hadn’t thought about before.

Next up, I had a marketing session with Izzie Sully from ABA Design. Using Trello, we went through my marketing plan and it was really helpful to visualise and create it in this way. One of the priorities we discussed was developing a CRM system to help create bespoke customer journeys specific to my business. I have now implemented it for our trade customers and have already seen a massive improvement in how we interact with this audience. We feel so much more organized with a system in place.

Both Dean Wilson and Ophelia Spowers from Fluxx were extremely helpful. I enjoyed speaking to Dean because he often questioned my assumptions. I assumed I needed stock of all my patterns in the new magnetic wallpaper material which we would be launching soon. This would have been a very large financial commitment. He was suggesting perhaps if customers were happy to wait for stock in the past then I might be able to print on demand rather than pay everything upfront. This also means I don’t have to wait until all collections are printed before I start launching this material. 

We also discussed that we should have more regular and personal communication with our trade partners going forward, to build those relationships and explore how we can work better going forward. It was suggested that I start arranging catch-up calls with our partners and Ophelia was kind enough to draft a list of questions I could ask during these meetings.

I had a session with Robert Foster from Red Ochre at the very beginning of my course and it was there that we set out a series of goals to guide me through this course and beyond. I was happy to see how much I’ve already tackled. We have agreed on a new set of objectives for the next few months for myself and my team, and I am excited to see where else we are able to simplify and streamline our business. 

Overall, the Innovating For Growth Programme has made such a big difference to my business. I feel I understand it on a deeper level and know which systems I need to put in place to not only grow faster but ensure I do more of what I love - painting, designing and creating. I’m very grateful to all the experts for the valuable advice and the British Library staff for organising everything so smoothly, especially during these difficult times.

If you are thinking of signing up for this course, I can’t recommend it enough!'

To find out more about Innovating for Growth and to apply for our next cohort, visit bl.uk/grow

09 September 2020

Meet Patricia Gurman, founder of Sweet Paper Creations and Start-ups in London Libraries participant

We’ve all been speaking a lot more about our mental health recently. So we love to hear about businesses that are tackling mental health issues in innovative and creative ways. Enter Sweet Paper Creations: a not-for-profit business that is here to support those with poor mental health through crafting and creation. We spoke more to Patty to find out how the business came into being and how Start-ups in London Libraries has helped her to expand her vision...

'At Sweet Paper Creations, we make and sell piñatas, made from recycled materials, for any occasion in our online shop, where customers can also commission their own bespoke character.

The profits from our shop help us to deliver our “Make It and Break It” workshops, where we provide a creative outlet for those suffering from mental health issues, stress, bereavement or those helping support someone going through such issues.

As a Guatemalan who settled in Walthamstow 27 years ago, I have always made piñatas for my children for their birthdays as a way of sharing my Guatemalan cultural heritage with them, and making and breaking them together has become a family tradition.

Ice Cream Pinata

In recent years, as my eldest child (Ali) had been suffering from depression and social anxiety, we found that making piñatas together was an ideal form of therapy and an opportunity to support her through her journey. Towards the end of last year, with Ali feeling stronger, it struck us that we had stumbled upon a potential support for the growing numbers in our local community who are suffering from poor mental health, as well as their carers and families who feel as I did: inadequate, frustrated and alone.

Our “Make it and Break it” workshops give others the opportunity to engage with a creative outlet, where they can work alongside us, learn a skill in a fun environment and talk about their circumstances should they choose to do so.

 

We joined SiLL to help develop this idea and since then our business has come alive; we have developed our online shop, sold more piñatas, and delivered three pilot workshops.

From the time I met Sarah at the Walthamstow Library, I felt reassured and confident to be able to develop my ideas into reality. She listened to my ideas, helped me to organise my priorities and to develop an action plan which includes looking at ways to fund-raise in order to deliver our pilot workshops.

Attending the library events and workshops also provided me with the opportunity to learn about legal requirements and to identify new opportunities to continue my business development. As a new business with limited experience, we believe that Sarah’s support and encouragement has helped us to be where we are now.

Covid Pinata

In starting my business, I learnt a lot, like how to organise my ideas, identify what ideas can work, and how to figure out how to implement them. I also learnt the importance of recognising what I am able to do and to achieve by identifying my limitations and then seeing these as the opportunities to develop in the future.

It is important to understand that everything takes time and does not happen automatically. I learnt to give myself time to learn and develop but also to make mistakes and to learn from them.

And so, if I were to give anyone who was thinking about starting a business advice it would be: attend as many workshops as you can. There is so much that we do not know at the beginning and, even if you are already trading, there is still so much to learn.

If, at the end, you decide to wait to develop your project, or if it is not for you, you will not have wasted your time as you get to meet so many amazing people and develop new friendships, which in itself is a win-win result.

Do not be afraid. Write all your ideas on a piece of paper and mark the ones that make you feel excited and motivated. Share your vision and passion with people like Sarah, who are able to guide you through your adventure.

And to anyone thinking of joining the SiLL programme, don’t think twice! It is the best thing you can do before you start your business adventure. Talking to them really opens your eyes and helps you to avoid mistakes, even though making mistakes is part of the learning.'

To see Patty and Ali's collection of piñatas, visit sweetpapercreations.com.

For more on the Start-ups in London Libraries programme and to book a spot on one of our workshops, visit our webpage

SiLL_logo_lockups_CMYK

10 August 2020

Meet Sol Ramos, co-founder of London Basketball Nation and Start-ups in London Libraries participant

There were a strange couple of months in 2020 where team sports were essentially non-existent. As they are slowly creeping back to normality, we wanted to celebrate one of the sports businesses who took part in our Start-ups in London Libraries programme.  Here we speak to Sol, co-founder of London Basketball Nation to find out more about her business, how it came into being and her advice for anyone else thinking about starting their own business.

‘We are London Basketball Nation Ltd. We organise basketball tournaments and events related to the sport.

The business came into being after years of unsuccessful attempts to find where to play amateur basketball in London. We started in 2018 with the experience of being unsatisfied customers who could face a challenge. The CEO of the company (and my husband) is the coach of an amateur basketball team. I spent some of my weekends at basketball courts watching games but also listening to almost everyone involved in the activity complaining about the poor quality of the service they were getting. They were paying to do something they loved during the scarce free time they had, and they were having a terrible time! This concern was shared not just by players but by staff working for existing organisations.

What first started as a chat about how bad things were, ended up in more serious talks about how much better things could be, and we took the matter in our own hands. Having experience in the amateur sports sector and a multidisciplinary team on board was really helpful. We got the support of two experienced officials that have been giving valuable insight from day one.

The London Basketball team

I have a background in Management and I get easily bored.  I was motivated by the challenge but also by the potential results.  Seeing people doing what they love and making that possible is very satisfying. As someone who has several hobbies herself, I can also identify with our customers.

There was little to no information available online about related services so we conducted some research, talking to other teams and players about what they wanted. They were all looking for the same: good venues, but above all, sensible people behind the activity. We thought of offering an “all-inclusive” format (fixture, staff, venue, etc) – from the players’ perspective, they then just had to be there and do what they do best.

We set up a company (just in case “it worked”) in March 2019 and organised a short tournament in June that year to test the waters. Teams decided to give us a chance and we ended up organising a 7-month tournament for adult men (18+) afterwards. We are looking forward to expanding our reach and have not only more teams but also a Women’s division. We celebrated our first year as a company in March 2019.

I found out about the SiLL project thanks to a British Library newsletter around September 2019 and registered for the ‘Get ready for business’ workshop that was taking place in December. My SME Champion, Loretta, got in touch with me to know a bit more about the business and I shyly accepted a meeting. She talked me through the Business & IP Centre services for new businesses. I was amazed by the number of resources and support given to entrepreneurs.

SiLL helped us see the organisation as a business rather than something to do on weekends. It provided us with key insights and added value to our service.  This is my first experience as an entrepreneur and I had to learn a lot about legal and financial aspects of a business in the UK, as well as networking; social media… you name it! There is a lot of information out there, so much that it can be not just overwhelming, but also misleading. The SiLL project served as a guide.
I would have loved to have known about the project from day one as I think it would have saved me tonnes of time and work.

Two teams at a London Basketball Nation event

Coronavirus has, of course, been a huge challenge. With people not being able to gather in groups and the basketball courts being closed, we have been forced to stop our operations during this period. It really is just me and my husband running the business alongside other jobs right now, and so we have had a real split focus over the past months.

However, it has given us some space to focus on our brand and the digital aspect of the business. My husband is a web developer and he was able to dedicate time to work on the website and to bring more functionalities on board. We are also currently working on LBN Courts, a portal to find and rate outdoor basketball courts. We think this will help players to get back in shape - both physically and mentally - whilst encouraging people to make the of their local facilities (and that way, diminishing the use of public transport). The portal will not only show the location of courts, but it will allow players to rate their features, and to organise training groups - always according to the latest government advice of course.  

I consider myself extremely lucky to be part of the Greenwich business community. Loretta’s insights and support are invaluable. She is a connector, she puts together ideas to create new things, and people to make them come to life. She is always happy to have a one-to-one to talk about the progress of the business, and she makes sure I keep up to date by sending training and promotion opportunities. Not to mention she has such good energy! I am deeply thankful for her support.

A basketball game at a London Basketball Nation event

I have learnt so much from starting up my own business – the main one being that everything takes at least double the time and the money than you expected/calculated, especially admin work! Reaching people is not as easy as it sounds, especially when you’re new in the game.

However, it has also given me lots of advice that I would p[ass onto anyone else thinking about starting their own business:

  • Do your research: know the market, the customers and the competence.
  • Someone has already done it: maybe not exactly what you are thinking about doing, but someone has already walked the steps to set up a business. Someone has already made the mistakes and reached success. Use it and share it.
  • Be organised and have a plan: Having a plan, even a vague one, and keeping records of things you want and what you are doing to get them is really helpful. It’ll keep you focused, and with time it’ll give you information to analyse and understand what happened and why, and identify what can be improved.
  • Be responsive: reply to everything (emails, calls, social media messages, etc) as soon as possible.
  • Do not assume anything. It is better to talk about things rather than thinking they are a certain way. Ask for confirmation, repeat things, write down dates and meeting notes.
  • You can’t make everyone like you or what you do, and there’s no point in trying to do it. Focus on providing a good service and listen to feedback, let your actions speak louder than words.
  • You can’t control everything. Deal with it.
  • You can do much more than you think.
  • Just start!’

Find out more about London Basketball Nation.

If you’re interested in joining the online Start-ups in London Libraries webinars and workshops, you can find all of the information at bl.uk/SiLL.

SiLL funder logos - ERDF, Arts Council and J.P. Morgan)

 

08 July 2020

Meet Ahmad Baracat, founder of Baracat Bros and Start-ups in London Libraries participant

Ahmad is the founder of Baracat Bros, an app company that builds games with hidden educational value. He took part in our Start-ups in London Libraries programme and is part of our SiLL community in Greenwich. We spoke to him about his business and his Start-ups in London Libraries journey.

Tell us about your business. Why did you start it up?

We believe games offer a unique channel to deliver educational messages and foster learning because of their interactive and engaging nature. Yet, many of the popular mobile games are designed for entertainment purposes and the educational games on the market lack engagement and the fun factor. We wanted to address that. We try to create edu-games, which are fun, engaging and educational.

We rely on academic research in the Science of Learning field, which uses cognitive-science research on how students learn, and uses that knowledge to offer practical actions to improve teaching, to guide the design of our games.

From a personal perspective, we believe that working in a corporate environment is not for everyone and, for us, starting up a business was a viable option to gain more freedom over which problems we wanted to solve and how to approach them.

App screenshot of Baracat Bros Water Content
App screenshot of Baracat Bros Sugar Content

How did the SiLL project help you in setting up your business?

I attended 3 sessions as part of the programme and it helped me gain the needed confidence to set up my business. The workshops also really helped to equip the attendees - I came out of the ‘Get ready for business’ workshop with actionable advice like how to access funding, how to create a business model canvas and where to find resources to continue learning.

What was the most helpful part of the SiLL project for you?

Meeting like-minded people who were trying to build their own businesses. It was eye-opening to see the diversity of their backgrounds as well as their business ideas.

Loretta [our Start-ups in London Libraries Greenwich Business Champion] is building a business community for people who want to pursue their own businesses and need the practical knowledge and the support network to do so successfully. I really believe that such communities are invaluable for anyone building their own business.

What advice would you give anyone looking to start up a business?

Make sure to invest time in building a circle of like-minded people, it really helps when things get tough and you need people to share your experiences with.

I really can’t stress enough having a support network that understand what it takes to start a business and how to navigate the space. I would highly recommend going to the Start-ups in London Libraries’ workshops as they will equip them with a support network and practical advice on how to start a business in the UK.

I would also highly recommend preparing oneself psychologically and mentally that building a business takes time and that there are usually no shortcuts to getting it to be profitable other than putting in the hard work.

Ahmad founder of Baracat Bros

What are the key things you have learnt while starting up your business?

When you are starting a business, the main way to think about it is how you are solving valuable problems for customers - the main way to figure out such problems is to actively talk to customers and potential customers. Once a valuable problem is identified, it becomes relatively easy to iterate on a potential solution.

What’s next for you and your business?

A few days ago, Foodology, a game Baracat Bros' created in 2 weeks to help people learn about food, was featured on ProductHunt (the go-to platform for launching new products)

Visit Baracat Bro's website to find out more about their games. 

Visit the Start-ups in London Libraries website to find out more about and workshops, which are now all taking place online. 

SiLL_logo_lockups_CMYK

 

 

 

16 June 2020

A week in the life of… Rachel Jones, founder of SnapDragon Monitoring

Rachel Jones is founder and Head Dragon at SnapDragon Monitoring in Edinburgh. SnapDragon delivers online brand protection, seller insights and market intelligence to brands around the world. Rachel founded SnapDragon based on her experiences of defending her first creation the Totseat – a washable squashable highchair for babies who lunch – from counterfeits. The British Library's Business & IP Centre played a significant role in the market research undertaken for both businesses. Most recently Rachel was the first Entrepreneur in Residence at BIPC Glasgow, based at the Mitchell Library. SnapDragon is the recent recipient of a Queen’s Award for Innovation 2020.

SnapDragon team

Groundhog Week

It’s the first week of May. My favourite month. Usually. Awoken by insistent birdsong at 4am after yet another sporadic night of what could only be defined as a snoozing. Might as well get up. Husband is dressing, in preparation for 5am call to Singapore. Dog peed, fed enough to tide her over till 6am, a mug of welcome tea and a couple of hours work before breakfast and a rigorous walk. My makeshift ‘office’ is a corner of our sitting room, sandwiched between well-thumbed texts and an ancient sofa of memories. My desk, an extended (vertically) dressing table inherited from my late mother, which previously housed small geological specimens, now with ergonomic investment to help 100+ hour weeks.

We’re in lockdown. The middle? Still the beginning? Either way, the hell persists. One day we were in the office, the next was a work from the home trial. Not one technical hiccup. So we didn’t go back. We’re incredibly lucky. We are healthy, there’s food in the fridge and there is work to do.

But I’m a lousy mother currently and this bothers me. Greatly.

Edinburgh's blossom

A recent catch up call with a close friend, thankfully not on Zoom, has wrenched my jealous heart. Furloughed happily on a lovely salary, painting the house, gardening furiously, enjoying having University-aged offspring at home and imagining retirement. Other friends struggle valiantly on: juggling working and childcare, home schooling and life as single parents, life in a flat, responsibilities for the vulnerable, loathing their living companion/s, not enough money or patience to go round. And those in the middle, silently weeping with responsibility weighing heavily on hearts and mind. At the front line of caring, mending, selling, delivering, collecting, working to keep the economy going. Mouths to feed, and not just their own.

Livelihoods of many many families lying firmly in their laps.

I’m one of the latter. Not brave enough to be a front-line carer, but working day and night to keep a business afloat (and ignoring my family, I’m sorry to say, while I do so). I am horrible to live with. My team of 26, of whom I am inordinately proud, need their salaries, motivation, and sanity and our clients’ businesses need us to keep them profitable. I will not let the virus get the better of me.

SnapDragon Monitoring fights fakes online. We identify and remove infringing products from online marketplaces, social media sites, and websites. We use intellectual property (IP) to remove the fakes and fakers. Copyright – words and images – trade marks, design rights and patents. It’s cheap and efficient. Four minutes to remove a link from, say, Amazon, with the correct IP to prove originality. Why bother? At best, fake products cause disappointment. Less brilliantly, serious harm. Take brakes or beauty products and you can be scarred for life. Meanwhile those profiting from the sale, fund drugs rings, prostitution, drug trafficking and worse. And the brands being ripped off? All too often suffer in silence. As can their customers.

Fakes are no longer the domain of luxury goods. And with COVID-19, according to Europol, sales of online fakes are already up 400%. The uninitiated, forced into remote shopping, are being too easily scammed and need help. Week two of lockdown saw 50% of our much-loved client base, most of which are SMEs, pause their subscriptions. We couldn’t blame them. Supply chains were stuck in China. Shops were closed. Staff furloughed. Income non-existent. But sales of fakes proliferate, so there’s the moral dilemma of knowing our technology is much needed versus the financial dilemma that we all need to eat. It turns out, there’s really no choice. Half the team is furloughed to stretch the budget. Those part-time, juggling childcare and home schooling, the first to appreciate the option of being so. I vow (silently) to ensure a working from home allowance rewards the committed for future adventures (and paying the bills of course).

Rachel's dog at the bottom of Arthur's Seat

This morning, pre 6am, I meet yet another iteration of the weekly cash flow forecast. I hate Excel but thankfully our FC is amazing and he makes the spreadsheets sing. Today’s priorities are projections, our weekly leadership team meeting, one of the thrice weekly whole team updates (key points from which are circulated by email to everyone); understanding the new funding options being launched today and applying for whatever is appropriate, following up an enquiry about supplier validation for PPE (which has become a core competence suddenly); ensuring bright, sparking new inventors aiming for crowdfunding have considered what intellectual property they should register and recommending the British Library, the Intellectual Property Office and the European Intellectual Property Office as excellent resources.

An office visit is mandatory: to collect the mail and to run the taps (to avoid legionella and ensure compliance with our landlord’s edict). It’ll be nice to have an additional excuse to get out, other than the dog. Will check in with various mentees, not least those gathered as part of my Entrepreneur in Residence-ship at BIPC Glasgow last year. Life for some is not at all easy and it’s really important that entrepreneurs who live alone are not feeling even more isolated than usual. Then there are our Board papers to circulate, although I suspect the Board is rather tired of my updates, and others’ Board papers to digest for the voluntary boards of which I am part, for later in the week. Groundhog Day should still be only a film.

The highlight will be planning, at some point, deliveries to each and every one of the team to celebrate next week’s announcement that SnapDragon is to receive a Queen’s Award for Innovation. We plan a Zoom party with miniature bottles of fizz delivered to all. Tech businesses are very rarely awarded this accolade. The thought of being able to make this award public spurs me on.

The team celebrate a delighted email from an Australian client as to the efficient identification and removal of a frightening number of fakes professing to be his product. Someone has a birthday and is enjoying the cake I had dispatched from the local baker, who has pivoted from corporate to home deliveries. We discuss topics for the weekly Lunch and Learn, and issue covert instructions for an online gathering at 6pm the following week, eluding the rationale.

Somewhere there needs to be time to wave at the long-suffering family, eat, ignore eight feet of clean washing (I measure it vertically), drink tea, brush my teeth and send virtual hug texts to family and friends. I miss the hugs. Mustn’t forget the food run for isolating next door neighbour. Sanity, such that it is, is necessitated by the dog’s need for a vigorous stride up Arthur’s Seat (Edinburgh’s extinct volcano) after breakfast, or round the local golf course, thankfully currently free of calls of ‘fore’. The blossom, birdsong and oddly-coconut-smelling gorse provide all to brief opportunities for the odd deep breath. There isn’t an empty minute. At midnight, I stick a ‘thank you’ note on the dustbin for the refuse team, as no one felt up to drawing a rainbow. 

View from Arthur’s Seat

Postscript Second week of June
SnapDragon Monitoring, the proud recipient of the Queen’s Award for Innovation, is on track. Most of the Dragons are back from furlough working, at least from their kitchens, and planning holidays – which lightens my heart. 

The ergonomic investments in the sitting room have proved their weight in gold. The family has nearly forgiven me (the pile of washing has not).

The business is, almost, overwhelmed with work and positivity: those who paused their services came back much quicker than anticipated, so the counterfeiters are no longer winning; there is a stream of new clients to onboard; the team is happy and healthy; we are planning a socially distanced, super-safe and supportive working environment in the office; the tech sprint is ahead of target.

And my spreadsheet is singing. Onwards.

10 June 2020

Meet Salma Attan, founder of Bushwood Bees and Start-ups in London Libraries participant

Last year, Salma Attan decided it was time to turn her hobby into her livelihood and started her beekeeping business Bushwood Bees. She maintains hives on the roof of the East London Mosque, making honey and other bee-based products from her local source. On top of this, Salma offers paid beekeeping courses to beginners and provides guidance to experienced beekeepers. Here she discusses what convinced her to make that transition to business-owner, where the Start-ups in London Libraries' workshops fit into her journey and how she is dealing with the impact of COVID-19 on her business.

Both myself and my husband had been hobbysist beekeepers for 10 years. It got to where our hobby had expanded to the point that it felt like so much more than that. I had been appointed Essex Bee Health Officer, I had been teaching and mentoring new beekeepers as well as raising healthy local colonies of bees through our local Epping Forest Beekeepers Association.

Salma at the entrance of her hive while working at Bushwood Bees

Now that my children were older, the idea of starting up a business seemed more realistic. I also seemed to have more and more friends, family and neighbours knocking on my door wanting a few jars of honey and asking why I don’t sell online or have a shop! So there was certainly the demand, but was this enough to risk a start-up business? I didn’t think so. Honey was not going to pay the bills! However, the question naturally came up: why not use my skills for myself? And get a wage out of it? I have always been an advocate of beekeepers sourcing locally reared bees rather than importing, so it just made sense that I should supply this growing demand for buying local. This was far more of a motivation than anything else.

In the early stages of asking myself “Is this really such a good idea?”, I took part in the Start-ups in London Libraries workshops which made me realise that, actually, it was.  The plan was sound, I had the beekeeping skills to execute the practical aspects of my idea and with the SiLL workshops I could focus on the practicalities of starting up a business.

The one area I seemed to have zero skills was technology! This is where Sarah [the Waltham Forest Business Champion] was a great help. She was happy to meet and give me plenty of ideas on how to get started. Sarah also let me know about where to get further free help to improve my use of social media in terms of business promotion – this is something I’m still learning but less anxious about. Sarah also gave me really good ideas for improving my business plan. It was helpful to have someone with fresh eyes looking at my ideas. She was willing to help put a pitch together, gave really practical advice and was able to give me fresh perspective on parts of my plan that I would not have had otherwise. After talking to Sarah, I settled on the name Bushwood Bees and registered my business under this name, an exciting first step after all the ooing and umming!

I set up my 'Beekeeping Experience Days' on both Eventbrite and Airbnb. I also agreed dates with the East London Mosque about hosting my Beginner Beekeeping Courses and listed them on Eventbrite. The website with the online shop was also set up and although it did take considerable time, eventually all my courses/experiences and website went live. 

Salma Attans Bushwood Bees beekeeping course

I also decided to give some free beekeeping talks in order to promote Bushwood Bees and all that was on offer. We worked with the council to arrange a schedule of workshops and talks, including family/child friendly workshops every day of the May half term at a different Waltham Forest Library.

Then came along COVID-19 and everything had to be cancelled. All the talks and workshops, the courses and experience days suddenly came to a halt. I did wonder if this was possibly the worst year to start a business! But this was clearly something I had no control over so no point complaining. It was a case of concentrating on what we could do in the business. Fortunately, as bees are livestock, the lockdown rules meant I was obliged, and indeed encouraged, to continue beekeeping. This meant I was able to take orders for rearing and selling colonies of locally produced honeybees. This has not been to the same capacity as it would have - had the courses been running, obviously the bulk of new customers would have come from those we would have been teaching this year - but I can't complain. 

The other silver lining of the lockdown rules is the number of new honey customers I have gained. With regular grocery shopping becoming so difficult, it seems many people were looking online and locally for buying produce. After a few mentions on Facebook our lovely local community realised there was local quality honey on their doorstep. As the Ucraft have an Ekwid shop attached, customers could order and pay online and then collect from my doorstep during their daily walk or grocery shop. I was able to provide a completely contactless service and many of these customers helped to spread the word about Bushwood Bees.

Salma and her husband at their hives on the roof of the East London Mosque for Bushwood Bees

Some of the talks we had planned have moved online, including one that was meant to be in Leytonstone Library. This seemed to work well and raised awareness of the business. We've also put up videos of myself and my husband beekeeping and sharing little tips and tricks for the beekeeping community. As my husband is also a beekeeper we are in the very fortunate position to be able to film each other beekeeping without breaking lockdown rules. This has also allowed us to continue offering support through our local beekeeping association and we have had further sales through this voluntary role.

In terms of my advice for anyone thinking of starting a business, make sure you have the support of your family! I could not have taken the first steps without the support of my husband. Think through your idea carefully and realistically. Then go for it.

I've also learnt that things do not always run smoothly! I expected things to go wrong (and they did sometimes) but told myself it’s all part of the journey and an opportunity to improve.

And hasn't 2020 been an example of that?! It has been an unprecedented year and a completely different turn of events in terms of my business plan. Planning is one thing, reality is something else altogether! But we have a lot of hope for 2021.

Visit Bushwood Bees to for information about Beekeeping Courses, Experience day, local London honey and Beekeeping Colonies. 

Find out more about Startup in London Libraries and how to grow ideas into successful businesses.

SiLL_logo_lockups_CMYK

 

19 May 2020

Happy Birthday Start-ups in London Libraries!

Earlier this month, Start-ups in London Libraries - our programme designed to take business support out to high streets across London - turned one year old. We originally launched the project on 2 May 2019 at City Hall with an event chaired by our BIPC ambassador Dr Anne-Marie Imafidon and with a keynote speech from Deputy Mayor for Business, Rajesh Agrawal.  Our ambassador, Tim Campbell MBE, who joined our panel discussion on the launch day, summed up the aim of the project: "everyone should have access to this business information and support. Libraries are not only books. They are about connecting people, social mobility, making a real change and impact on people's lives."

Since that day last year, over 1200 aspiring and early-stage entrepreneurs have received support from our team in local libraries across 10 boroughs and have begun to change the face of entrepreneurship across the capital.

Of course, given the current circumstances, we will have to delay our official celebrations for our first birthday, but we couldn't pass up on this opportunity to celebrate some of the incredible early-stage entrepreneurs who have taken part in the programme and become part of the fabric of SiLL. Read on for just some of their stories...

Salma

Photo by Jessica Chia - Salma in her beekeeping outfit
Photo: Jessica Chia

Salma turned her hobby of 10 years - beekeeping - into a successful business. Her company, Bushwood Bees, sells honey, bee-based products and hosts beekeeping experiences at one of her hives on the roof of the East London Mosque. During this period of lockdown, they have been running digital tutorials and demonstrations of beekeeping on social media and continuing to sell their products online.

It was the strong ethos behind her own beekeeping hobby that spurred her to take the leap: "I have always been an advocate of beekeepers sourcing locally reared bees rather then importing so it just made sense that I should supply this growing demand for buying local. This was far more a motivation then anything else."

She used the Start-ups in London Libraries programme to ground her business idea and get it up and running, particularly in terms of technology. About her one-to-ones with our Waltham Forest Business Champion Salma says "Sarah also gave me really good ideas for improving my business plan. It was helpful to have someone with fresh eyes looking at my ideas. She was willing to help put a pitch together, gave really practical advice and was able to give me fresh perspective on parts of my plan that I would not have had otherwise."

"The workshops are immensely helpful when it comes to developing your business ides. The Start-up Champions are great, they have real knowledge and can steer you in the right direction. And if they don’t know, they will they to find out!"

Ahmad

Ahmad owner of Baracat and producer of Foodology

Ahmad's educational app company, Baracat Bros is going from strength to strength and his product, Foodology has recently been featured on ProductHunt, the go-to platform for launching new products. Designed with the aim of fostering learning through their interactive and engaging nature, Ahmad now has two products - Foodology, which focuses on educating children about nutritional value in foods and Bubblo World, designed for preschool-aged children.

He said about his experience with Start-ups in London Libraries: "I came out of the workshops with actionable advice like how to access funding, how to create a business model canvas and where to find resources to continue learning... Loretta [our Start-ups in London Libraries Greenwich Business Champion] is building a business community for people who want to pursue their own businesses and need the practical knowledge and the support network to do so successfully. I really believe that such communities are invaluable for anyone building their own business."

Warda

Loretta and Warda creator of Language Waves in Woolwich Library

While studying speech therapy, Warda noticed how much of it didn't take into account culture and family background. Aiming to change the one-size-fits-all that she was witnessing, she started Language Waves, providing a fully-accessible and culturally diverse speech therapy service. Since registering her business (after taking part in the Start-ups in London Libraries workshops) she has been able to trademark her training manual, been awarded several funding grants to help further her business and received multiple top notch testimonials for her work. 

Her local SiLL Business Champion, Loretta, helped her through the start-up stage: "I see her when I’m at different stages of the business. Her feedback helps me plan, focus and set realistic expectations for myself. Also her belief in my business has motivated me as she has brought out the best in me. I meet lots of people who want to start their own business and I always refer them to the SILL programme and Loretta. This is because it’s so accessible, well set up, and you know that you are getting advice and support from people who know what they are doing."

Read more about how Warda created a fully-accessable and culturally diverse speech therapy service.  

Charlie

Charlie Boyd business owner of Firm Feet

Charlie Boyd’s business, Firm Feet, focuses on various sessions to achieve movement and connection with your own body: "I recognised that movement was something I required for healing and liberating myself. I love dance and the type where I could feel as free as possible and let go. So I designed a session drawing on my qualifications and experiences that I knew worked for me so would surely help others." Her focus is on improving mental and physical health through movement and she has recently pivoted to develop audio sessions for people to use during this time of heightened anxiety (also designed with the aim of lessening people's screen time!)

Discussing her one-to-one advice sessions with the Waltham Forest Champion, Sarah, she says "Sarah has been instrumental in helping me gain clarity on moving forward and valuing myself. She always goes above and beyond supplying me with important documentation and hints and tips. I would say to anyone to not hesitate going to speak to your latest representative, there are only things to gain by doing so."

Sol

Sol, her husband and team from London Basketball Nation

Sol and her husband are big fans of amateur basketball and her husband even coaches a team. Trying to rectify the poor experience of amateur basketball tournaments they were experiencing, they started London Basketball Nation. After setting up their company "just in case it worked", Sol organised a short tournament in June that year to test the waters. Teams decided to give them a chance and a 7-month tournament followed. They celebrated their first full year as a company in March. Sol says "we are looking forward to expanding our reach and have not only more teams but also a Women’s division." 

"Start-ups in London Libraries' helped us see the organisation as a business rather than something to do on weekends. This is my first experience as an entrepreneur and I had to learn a lot about legal and financial aspects of a business in the UK; networking; social media… you name it! There is a lot of information out there, so much that can be not just overwhelming but also misleading so the SiLL project served as a guide. I would have loved knowing about the project from day one."

Usman

Usman, founder of Haven Coffee

Haven Coffee is a socially-conscious coffee company. Each cup of Haven Coffee bought supports refugee communities across the UK, providing barista training for refugees building new lives for themselves in the UK. The Haven team also organise events to promote refugee artists and creatives. Usman, the founder of Haven, has recently introduced a virtual coffee scheme allowing customers to purchase a coffee in advance. And many of their events, including their art exhibition have moved online. 

Usman took part in our first round of workshops and has received support from our Waltham Forest Champion, as well as from TERN (The Entrepreneurial Refugee Network).

Oz

Oz, founder of The Scissors of Oz

Oz is the proud owner of The Scissors of Oz, a creative hair and healing Hub in Peckham. Her ethos goes beyond hair, providing a space for other womxn to test business ideas in collaboration with her and her space, exchanging skills and running workshops. A fundamental part of the business's ethos is 'breaking stigmas of conventional pursuits of “beauty”.

Oz is preparing for re-opening when she is able to and explains "my next step for our relaunch is to introduce more sustainable ways of hairdressing , use of products and services. I'm aiming to look into new ways of reusing items for environmental benefits and sustainability, as well as running workshops to empower people through hair."

She used Start-ups in London Libraries in Southwark saying "the SiLL project has given me the confidence and support every new business owner needs especially if you are going at it alone. My mentor Dean is very understanding and experienced and he is there to guide me with every step I take. It’s nice to have someone by your side who really cares about getting you to where you want to be."

Channing

Channing Cloirec founder of Channing's Shining Cars

As a 21 year old with English as a second language, accessibility was a key consideration for Channing Cloirec when taking part in any sort of business support programme: "I'm not well-placed to start any business without experience in the UK. SiLL is the best way to find exactly what you need with reactivity. Without SiLL I wouldn't have been able to realize the formalities of the company."

Channing's car export business, Channing's Shining Cars, is continuing to grow and develop. Since registering in July 2019 he has built a healthy profit margin, and displayed impressive growth of his business, including recently selling his 15th car! His new venture is called Pops n Bangs, a car lottery. 

Aleksandra

Aleksandra Horwood founder of Happy Stance Yoga

After being made redundant, Aleksandra was looking for ways of using her practical skills and passion for yoga into something that could provide a salary. Focusing on our ever-increasing older population, her idea was to create a specialised yoga and meditation programme to improve the quality of life for this demographic. She wanted to create a different environment for older yoga lovers, making it less intimidating, more welcoming and focusing on exercises that would help specifically with mobility. She has recently adapted her business, Happy Stance Yoga, to offer Zoom sessions for older isolated people to help with fall prevention and ensure they are getting their daily exercise.

And just a few weeks ago, Aleksandra ran a stretching and meditation session for our SiLL team to help us during this high-pressure time, so we can testify to her ability as a guide!

She says: "I attended all the SiLL workshops and it was breath-taking how in no time I learned about all the practicalities so I could move on and test my business idea. So many people have ideas, but they do not know there is a treasure box in the reach of their fingertips. It is free and highly professional, effective and tailored-made for each individual, each business idea." 

Moses

An example t-shirt from Moses' collection - Carib Brit

Moses launched his Greater BRiTs campaign at the Start-ups in London Libraries Greenwich Christmas start-up market, which took place at Woolwich Library last year, after taking part in the core SiLL workshops. "These two workshops gave me invaluable information on the support available to business start-ups, most of it free of charge. As a result of information I received from the workshops, I was able to successfully trademark and protect my BRiT logo."

Moses explains: "the Greater BRiTs campaign came about as a positive response to heal a divided Britain from the feeling of general anxiety about the future of the UK post the Brexit referendum.  The British people have the creativity, inventiveness, energy, perseverance and resilience to see Britain thrive." Moses developed Greater BRiTs with the mission of "celebrating Britain's Unity, Inclusivity and Diversity". Moses has designed a BRiT t-shirt with over 300 customised messages to reflect the diversity of the British lifestyles, personalities, professions and communities.

We may not be currently in your local library but the Start-ups in London Libraries workshops are now all online. Visit the Startup in London Libraries website for all the information and to register for the next round of free webinars. 

This programme is run in collaboration with ten London boroughs: Bexley, Croydon, Greenwich, Haringey, Lambeth, Lewisham, Newham, Southwark, Tower Hamlets and Waltham Forest.

SiLL_logo_lockups_CMYK

 

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

Innovation and enterprise blog recent posts

Archives

Tags

Other British Library blogs