Innovation and enterprise blog

02 March 2020

Getting to grips with IP: Back to basics

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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

06 September 2019

Follow JRPass' Director through the Innovating for Growth programme: Maximising your intellectual property

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Each quarter, we pick 18 high-growth businesses to take part in our Innovating for Growth: Scale-ups programme, where businesses receive £10,000 worth of tailored and bespoke business support and advice. Not only do businesses gain three months of guidance, they also receive automatic membership to our Growth Club and their own Relationship Manager.

This quarter, we’re following Haroun, Director of JRPass, a train travel company for those exploring Japan by rail. Haroun will talk us through each session as he progresses through the programme to get the successes and challenges of what it’s like to run a growing businesses. You can see Haroun's previous posts about financial managementproduct innovationmarketing strategybranding and research and developing a growth strategy on our blog. In his latest diary entry, Haroun discusses what he learnt in his one-on-one session on intellectual property and how it’s important to every business...

Again this session was really packed and I had a lot of questions for our advisor from Briffa who are Intellectual Property legal specialists. We covered the following main areas:

Copyright – Since the founding of the company we have used a lot of designers for our website. Many get caught by this, but the default position for designs is that copyright remains with the designer unless signed over. We discussed having everything in place contractually for our external contributors to sign over rights as necessary.

Trademarks – We discussed our current situation with regards to current trademarks and opportunities going forward both in the UK and US now that our website is well established. This is really important when you have spent a lot of time and money in creating a brand. You need to protect that goodwill and mind-space effectively.

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Commercial Contracts – We reviewed our external contracts with third parties e.g. developers to ensure that our IP is fully protected and cannot be exploited by others.

Data Protection – I’m sure we have all been grappling with GDPR ad nauseam and Data Privacy! Once again we reviewed and ensured that we had proper policies in place that are tailored for your specific company, and reflected this in our terms and conditions and on our website. For us, as a company who depends on online payments, this also feeds into PSD2 and SCA changes which are coming in September (you can read more about the changes here: https://www.visa.co.uk/dam/VCOM/regional/ve/unitedkingdom/PDF/visa-preparing-for-psd2-sca-publication-version-1-1-05-12-18-002-final.pdf).

HR – We agreed to review and incorporate IP and Data Protection in our employee contracts. This is something that did not occur to me previously so was good to catch this one.

As you can see there was a ton covered here and a lot of i’s to dot and t’s to cross that can affect your daily working practices. I think we have been ok with these areas previously, but as any company expands rapidly it is easy to lose sight of these basic legal protections and responsibilities to the point that it could easily prove to be a banana skin down the road. It’s the type of thing that many companies just kick down the road or ignore until it’s too late as we all would prefer to concentrate on the fundamental nuts and bolts of our companies. However it is really important to make sure this is all organised competently and safely, and this session really brought that home.

Visit our website for more information about the programme and how to apply.

07 August 2019

Celebrating International Cat Day with Rose Hill Designs

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Rose Hill is a graphic artist who has garnered renown for her personal commissions and her 'Make Your Pet Famous' series. She trained as a textile designer at the Chelsea University of Arts and took part in the BIPC's Innovating for Growth programme in 2015. Here, in celebration of International Cat Day, she shares how furry friends have shaped her work and business. 

What is your business? 

I'm Rose, a graphic artist. I create award-winning Pop Art designs - from painted murals to my personally commissioned 'Make Your Pet Famous' artworks which are now sold in Harrods. My 'Make Your Pet Famous' collection is where I illustrate your pet in my Pop Art style. Each piece is lovingly designed in North London and made in England. 

What inspires your work?

I love creating art and am particularly keen that my work brings people joy and pleasure. The art I create is fun and approachable and it aims to reflect what you like best about the world around you, which, let's face it, more often that not, is your pets! The colour palettes I use are very bright, which is important because of the effect that colour can have on your mood. 

1b Rose Hill Designs Mural Make Your Pet Famous JAPAN

Pattern and texture is also a big inspiration in my work. Each piece of artwork has 64 geometric patterns layered into it. I hand draw every pet using a Surface Pro laptop. It allows me to draw straight onto the computer screen as if it was a pen and paper. Using a variety of drawing techniques including line drawings, I assemble together every element of their face and body and then insert the different colours and tones of patterns in each feature and change the opacity of each of them to give depth and tone. All have at least 10 layers and most have considerably more. I love mixing the modern technology with the traditional style of craftmanship. To add to that, each work is printed onto brushed paper to make it look like it is on fabric.

Seeing the customer's reaction after I've taken them on the creative journey with me from start to finish is also very inspirational.

How did you put your offer together and find customers?

The process of getting customers for Make Your Pet Famous was very organic. A customer commissioned me to draw their dog, Lola. At that time I had 11 dogs in my card and stationery collection and needed 12 for my first Trade Show. So I asked if I could use Lola in my collection. They loved the idea and so did everyone else! When I was at trade shows and would explain about Lola, people would ask if I could draw their dog too and add to my next collection. This continued to happen and after five more commissions I thought there was something in this. They would say ‘You’ll make my dog famous’ and so that's how the name came about.

I got some lovely recommendations and positive feedback and the word began to spread more. Word of mouth has been a big part of me finding customers because normally when people get their works, they are so delighted they immediately tell their friends about it! This led to my 'Make Your Pet Famous' exhibitions which built on this relationship between humans and pets at a live event. And of course, social media is a wonderful way to meet people and connect with people. 

3 Rose Hill Designs Make Your Pet Famous Aria exhibition

How did the Business & IP Centre fit in to your business journey?

I completed the Innovating for Growth programme which was incredible and would 100% recommend it. When doing your market research at the Business & IP Centre you can look at the Mintel and Keynote reports - which are normally hugely expensive and filled with important data - completely for free. They are an incredible tool and you can even send 10% of them to yourself for free, which is so helpful for continuing your research. Irini and all the staff at the Business & IP Centre are a fountain of knowledge and will help you with any question you may have. There are other great search tools for funding and other valuable information!

What advice would you give someone trying to find their niche?

Try stuff! Experiment and play. It’s really important to enjoy what you are doing. When you work for yourself and/ or have your own business it can be incredibly tough and it’s so important to truly LOVE what you are doing otherwise you may as work for someone else and know the income you will get each month. Create something you're passionate about and there are other people who are passionate about it too. Resilience and grit are key qualities to have.

Rose Hill Designs Rachien Smoothie Mural - Rose at Private View

How have you been able to grow the business?

Growing the business is really important but the most important thing is how you want it to grow! It’s very easy to go down the garden path of what is selling the best and where you're making money which is of course very important. But more important, I believe, is to go where you will feel satisfied creatively, financially and mentally. It’s a great idea to keep checking in with yourself regularly to see if your goals are still your goals. Artistic freedom has always been number one for me! So in my case, it meant letting the cards and stationery side of the business go so that I could concentrate on the creative side and personal commissions. I licensed my designs and got others to sell products for me so that I could concentrate on that.

What's been your best/most rewarding/most surreal moment in business so far?

Probably doing my ‘Make Your Pet Famous’ exhibitions in the last year, one in Warren Street and another in Japan. The private views for these were so special and among the best nights of my life. 

I've also been so lucky to have done so many amazing commissions and collaborations, for example getting a commission from Charles Saatchi (to illustrate and make his daughter a dress) straight from my degree show. I feel very proud to have drawn two artworks for Sadie Frost which has been featured in magazines like Red. There was also a commission to do a portrait for Robert Webb and his family. As I'm such an animal lover, doing a collaboration with ZSL London Zoo and Whipsnade Zoo was wonderful, as was a collaboration with the British Museum. Finally, having Harrods as a stockist to many items including the 'Make Your Pet Famous' range and designing a print and accessories especially for them under their own name has been incredible. Being able to sell my art and stationery across the world, places like Japan, America and Australia is an amazing feeling! It's an honour to be able to create a life and business that people love and want to be a part of.

How did cats start becoming a key part of your work?

When starting the 'Make Your Pet Famous' collection it began with dogs but very soon after everyone wanted cats. I was always asked 'where are the cats?' because everyone loves cats! They became an integral part of my offering from that point on, with Tupac as the first #MakeYourPetFamous cat.

Trio of cats

Do you have any notes about intellectual property and your work?

The Business & IP Centre are very helpful in this area and would recommend you go and speak to them if you have any questions on intellectual property! They can direct you to specialists. They have all the details on copyright, trademark and registered designs and can help you to get protected, which they certainly did with me. 

You can find Rose's work at https://www.rosehilldesigns.co.uk/. She has recently put on another #MakeYourPetFamous exhibition in Islington and will be doing another one in October 2019 in Hackney. You can find all the details on her website. 

07 July 2019

A week in the life of…Emma Richards, Business Outreach Manager at the IPO

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The Intellectual Property Office (IPO) is a government department responsible for granting Intellectual Property rights including Trade Marks, Registered Designs and Patents.

Emma has worked for the IPO for 20 years after studying Business and Marketing in the University of Wales in Cardiff. She is experienced in delivering and advising on all aspects of Intellectual Property. She has worked in the Business Outreach Team for the past 12 years and travels the UK giving advice to SME’s and individuals who want help with their IP strategy.

Sunday Instead of packing the school bags ready for the madness of the school run, I’m packing my case and loading up the car to prepare for a busy week ahead. Leaving my husband with a long list of things to do, I give the kids a big cwtch and head to the other side of Newport to collect my colleague, Nick. We are heading off to Shrewsbury this evening and after a long car journey we finally arrive at the hotel at 20.30. After a quick bite to eat we retire to our rooms for an early night.

Monday I know the idea of having a hotel breakfast appeals to many people but the novelty soon wears off and the waist line tends to suffer! Nick has the right idea, he’s already been to the gym by the time we meet at 8.00 (I prefer the extra sleep myself). We’re fuelled up and ready to head over to the Shrewsbury Growth Hub. Today we are delivering an intellectual property workshop to a group of new businesses who are keen to learn the value. New to IP? Watch our short video below:

As many presenters will know, the curse of the Powerpoint is always ready to rear its head and it’s in full force this morning. With time ticking on we decide to continue minus the slides in true experienced improvisation mode.

Despite the problems with the IT, we delivered a successful workshop and after lunch I got ready for some one-to-one sessions and Nick headed off to the train station, no rest for the wicked as he was heading off to London.

After the last one-to-one session, I went back to the hotel and headed off for a run. Running in a strange location is always a bit risky, especially in the rural areas of the Shropshire countryside. After a few dices with death, I decided the safest place for me is in the swimming pool! Trying to time calling home is tricky with three young children and a husband at the end of his tether, but thanks to the wonders of the 21st century I am able to Facetime and admire the carnage! Then it’s a quick bite to eat and off to bed. Rock and roll!

Shrewsbury

Tuesday I head off to the Growth Hub again this morning to meet with another colleague. Today’s session is slightly different as the audience is now made up of business advisors. Whether a business is just starting out or already trading, IP should always be considered as part of their business plan. Our short video helps explain this in more detail:

Thankfully the IT is playing ball today and after lunch we get ready to meet local businesses. We invite two local businesses to explain their business to the advisors and during an interactive session they discuss the potential IP problems and opportunities and offer suggestions. It was a great afternoon, bringing together the role of the advisor and business and where IP fits into business planning.

I gather all my things and head off to my next location, Birmingham. Following another swim and challenging Facetime session with the kids I fall in to bed ready for the day ahead.

Wednesday This morning I am heading off to Aston Villa FC for the Midlands Expo.  I meet my colleague there who is based in the region and hoping to make contacts for further business support. The exhibition is targeted at SMEs in the area, so I am hoping to give lots of valuable IP advice today.

I start the day off with an IP talk to delegates, giving them an overview of IP and why it is important for them to consider. During the course of the day I speak to a variety of customers with many trade mark, copyright and designs queries. At 15.00 I am ready to head home and press my favourite button on the sat nav. I finally arrive home at around 18.00, but the fun doesn’t stop there! I’m faced with three excited children wanting to fill me in on the last three days in ten minutes and an exhausted husband who has clearly lost the will to live. I run the bath, start the conveyor belt of shampoo and pyjamas and get them off to bed feeling the happiness of this crazy normality.

After the craziness has calmed down my husband and I do the abridged version of the last few days and I am happy to head off to my own bed.

Thursday Today I’m heading in to the office, so after the madness of the school run I join the traffic. Being in a job that takes me out of the office most of the time, means I am in demand when I’m here. I find my day busy with meetings and planning and before I know it, it’s home time. The usual tea time/ bath time ensues and then I head off to meet my brother for some food and a theatre show.

Kids

Friday It’s my non-working day so I enjoy a nice long run, followed by a nail appointment. Having a non-working day is really important to me as it allows me to catch up on everything I’ve missed out on during the week while I’ve been away. I always make sure that we eat as a family on a Friday evening and we chat about the week we’ve had. After our meal we kick back and watch a film together before the chaos of bath time. With the kids safely in bed and allocated babysitter in place my husband and I head off to our local for the pub quiz and a bit of well-earned quality time together.

A week in my life is hectic, to say the least but a weekend with the kids…well that’s another story entirely! I end the week feeling I have made a difference and look forward to my next business event on the calendar.

05 June 2019

European Patent Office’s PATLIB Summit

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Business & IP Centre Hull, part of our National Network, recently visit Porto, Portugal for the first PATLIB Summit. Sue Pleasance, Enterprise and IP Lead Officer attended, along with other representatives of national patent offices of the European Patent Office’s (EPO) member states, their PATLIB centres, and their host organisations, European and international organisations involved in IP, technology transfer and innovation. The Summit gave attendees a chance to learn from each other and plan the way forward for PATLIBs across Europe. But first, what are PATLIBs?

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The EPO supports a network of patent information centres (PATLIB centres) throughout Europe and has evolved from a grouping of national patent libraries, widely distributed in the member states.  PATLIB is an acronym for a PATent LIBrary, however not all PATLIB centres are actually libraries; a number of them are located in national patent offices, universities and chambers of commerce. The main aim of the network is to enable patent information centres to communicate with each other in a feasible and convenient way.

PATLIB Centres provide patent information and, depending on the national system for intellectual property rights, many also provide information on other intellectual property rights like trademarks, designs and models. PATLIB staff provide advice and guidance on searches for IP, some also perform searches for their clients.

Back to the Summit, my journey went well and I arrived stress free thanks to fabulous organisation skills of the team at the EPO and was ready to get involved with the Summit’s activities and meet many friendly people from all over Europe to discuss and debate how we deliver intellectual property support and guidance.

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How stunning the conference venue was Palacia da Bolsa! In particular the Arabian Room where our UK IPO representative Laura Phillips did a great job presenting on how we deliver PATLIB support. Over the two days we attended talks and took part discussions and workshops to discuss, debate and agree on actions needed to strengthen the network and improve and enhance services. Shout out to fellow PATLIB teams’ Mel (Plymouth), Tony (Glasgow) and Ben (Leeds), the latter are also part of the National Network, for great company, lots of laughs and their adventurous spirit!

It wasn’t all work and no play, Grelhador da Boavista was a hidden gem of fresh tasty traditional Portuguese food with HUGE portions, a great atmosphere, humour and quirkiness, which I’ll remember for a long time.  Tasting the local beer, Superboc, was a bit hit and miss, had we known there was a whole lounge dedicated to it at the airport we may have waited!

We were also able to find out more about the history of the port, and what better way than by boat, with a trip up the river Douro from the Estiva Quay, followed by dinner at the Alfandega, with a traditional Fado performance.

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I was glad we stayed in the city centre in the evening following Day 2 of the conference, where we made a trip to the famous exquisite bookshop Livraria Lello and experienced the traditional celebration Queima das Fitas do Porto, (Porto Burning of the Ribbons).

A lovely end to the evening was when Danielle from the Czech Republic spotted a fabulous local restaurant overlooking the river, serving excellent food, which we enjoyed whilst finding out more about each other’s work and lives.

If it sounds like we had a lot of fun – we did! The fantastic hospitality of the EPO and the Porto community encouraged us to make the most of our stay. But we did work hard and I’m not sure how we managed to cram quite so much in!

The outcome of the event was a set of strategic recommendations to the EPO in a document called the Porto Paper. The Porto Paper can be found here.

Finally I arrived home shattered but with a firm sense of achievement and proud that the UK had contributed well towards the future developments of PATLIBs. It was a privilege to be involved in the summit and how it will benefit Business & IP Centre users from around the country, including Hull. At the Business & IP Centre Hull, we offer free access to databases, market research, journals, directories and reports; a programme of free and low-cost events including workshops on a range of topics such as business planning, social media, market research and intellectual property. Through ERDF funding we are also able to provide free workshops, events, seminars, expert clinics and one to one coaching and mentoring for anyone in Hull who wants to start or grow a business.

Sue Pleasance, Enterprise and IP Lead Officer at the Business & IP Centre Hull

Sue has been the Lead Officer for the PATLIB and Business & IP Centre based in Hull Central Library since 2016. She leads a team of trained staff to provide intellectual property support and guidance, workshops, events and seminars to support potential entrepreneurs and businesses in the area.

29 May 2019

An introduction to intellectual property (IP)

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The Intellectual Property Office (IPO) is the official UK government body responsible for intellectual property (IP) rights including patents, designs, trade marks and copyright. The IPO operates and maintains a clear and accessible intellectual property system in the UK, which encourages innovation and helps the economy and society to benefit from knowledge and ideas, as well as helping people get the right type of protection for their creation or invention. Here the IPO outlines the basics of IP and explains how you can discover your IP rights.

Intellectual property (IP) rights grant you the ability to take legal action if others attempt to make, use, import, copy or sell your creation.

The four main types of IP rights are:

  • Copyright
  • Designs
  • Patents
  • Trade marks

Protecting creativity

Work in the creative sector? You’ve probably heard a lot about copyright but may not fully understand how it protects your work.

Copyright is a property right which is intended to reward the making of, and investment in, creative works. Copyright protects literary, dramatic, musical and artistic works, sound recordings, films, broadcasts and published editions.

In the UK, copyright comes into being automatically when a qualifying work is created; there is no formal registration. The term of protection for most copyright material is the life of the creator, plus 70 years from the date of their death. Please check our website for more information on how long copyright lasts.

Copyright grants the creator the right to authorise or prohibit copying, distribution to the public, rental/lending, public performance, adaptation, and communication to the public.

You can find out more about the rights granted by copyright on our website.

A flair for design

Crafter or designer?

Design refers to the appearance or ‘look’ of products. The look of your design includes the appearance, physical shape, configuration and decoration. This can be 2D patterns or 3D designs.

Registering your design allows you to gain a marketing edge by preventing others from using it without your permission.

Automatic design rights do exist in the UK (UK Unregistered Design Right) and in Europe (Unregistered Community Designs).

Unregistered UK design right automatically protects your work for 10 years from when it was sold, or 15 years from when it was created, whichever is earliest. However, it only protects the shape and configuration of a design and does not include 2-dimensional designs like textiles and wallpaper.

Unregistered designs offer limited protection and can be difficult to enforce. Where disputes arise, you may have to prove the existence of your rights. Unlike registered designs, it will be your responsibility to prove intentional copying.

The IPO has an Instagram account with lots of useful information to help creatives know their rights, protect and champion their products. Follow us @ipforbusiness and use the hashtag #IP4biz.

The ‘lightbulb’ moment

Think you may have invented a market sell-out or something that could even change the world? Or perhaps something simple that just makes everyday life that little bit easier?

A patent protects new inventions and lets you take legal action against anyone who makes, uses, sells or imports your invention without your permission. You can only apply for a patent if you have created something that is inventive, new and useful.

A patent specification is a legal document and requires specialist skills to draft properly. Your chances of obtaining a patent are significantly greater if you use an attorney. You can find out more about why it’s worthwhile here.

The most common mistake made by inventors is revealing their invention before applying for a patent. It is your choice on whether you decide to take your product straight to market or apply for patent protection. However, if you have made your invention public, you could lose the possibility of obtaining a granted patent.

Sometimes, you may need help from a third party to create or distribute your products. Non-disclosure agreements (NDAs) are created when a business owner is speaking to potential partners such as investors, manufacturers and stockists.

NDAs are important when applying for patent protection. If a third party is helping you to create your product, make sure they sign an NDA, or it could affect your chances of gaining a patent. Read our guidance on non-disclosure agreements here.

Building a brand

Creating a brand that encompasses what you and your business offers is an important aspect of your business plan.

You may want something distinctive and unique that sets you apart in a crowded market. A trade mark protects your company name, logo, or a phrase. It can even protect a shape, colour, sound, aspect of packaging or any combination of these.

The registration of your company name with Companies House doesn’t automatically protect it. You have the legal right to the name, but it doesn’t stop other businesses from trading under very similar names.

The most effective trade marks are those ‘distinctive’ to the goods and services they protect. This allows consumers to identify your goods or service from your competitors. So, if your company name describes the products you sell or the services you offer, there’s a good chance it won’t be distinctive enough to be a registered trade mark!

It is recommended you search our trade marks database before applying to see if a similar trade mark to your brand already exists.

Sharing out the IP

A licence grants a third-party permission to do something that would be an infringement of your IP rights without the licence.

IP can be “licensed-out” or “licensed-in”. You can “license-out” to another company in return for a fee. You can “license-in” if you want to use another company’s IP to develop your own business and products.

Free online learning

The Intellectual Property Office’s has a range of online learning tools to help you better understand your IP rights.

Our IP Health Check free online tool can help you identify what IP you own. Answer a series of questions and receive a tailored confidential report, based on what you have told us.

IP Equip tool is a free online CPD-accredited training tool. It takes your through four short modules and uses case studies to show why intellectual property is important.

More of a visual learner? Our IP Basics videos provide short, simple explanations of the various IP rights. They also cover licensing and franchising, how to avoid infringing IP and what to do if your business is a victim of IP crime.

Don’t forget to sign up to our e-alerts to receive IP advice, events and updates direct to your inbox.

28 September 2018

Top tips from Start-up Day 2018

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Activities in 17 libraries around the UK. 101 business events delivered. More than 1,000 attendees across all locations. Webcast around the world. Start-up Day, in collaboration with Santander, once again proved to be a huge success. 

With a full day’s worth of events, there’s a lot of information and words of wisdom to take in from each speaker. Need a recap of what was said? Missed a crucial top tip? Want to relive it again? Or if you missed it, we’ve compiled all the videos of the speakers in this post, along with a key take away tip from each...



Top tip from Mintel senior consumer lifestyles analyst, Jack Duckett: Consumer confidence is on a growth trajectory, meaning there are opportunities for brands to grow.



Top tip from Google Digital Garage's Chami Coomasaru: Set yourself goals, think how you want your brand to be perceived and choose the platforms which are appropriate for your business.

Top tip from author and motivational speaker, Anis Qizilbash: Steep in your purpose... your success does not mean another person's loss. The more you make, the bigger impact you create.



Top tip from public speaking coach, Elaine Powell: [Your pitch] is never going to be perfect. Always ask for feedback and take your performance to the next level, and the next level, and the next level. Never give up, it's a journey, not an end destination.

Top tip from author, motivational speaker and business coach, Rasheed Ogunlaru: [Networking] online is the window to your world, meeting people in person is the door.



Top tip from former CEO of Tangle Teezer, Matt Lumb: Don’t try and do the 80 hours a week thing. You will burn out. Try and get that balance as you scale.



Top tips from:

Precious Jason, founder of Etieno Skincare: Being in business you have superhero days and you have days which are not so great… Be kind to yourself. 

Rebecca Slater, founder of Shine Creative Solutions: Believe in the idea you’ve got and to try and plan out the three most important things you need to get right.

Amy Fleuriot co-founder of Hiro + Wolf and Artisans and Adventurers: Don’t expect it to happen overnight. If you’re having to work alongside it, that’s ok… Just keep at it.

 

Start-up Day 2018 was in collaboration with Santander. To see our events throughout the year, click here.

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26 April 2018

IP Corner: Happy World Intellectual Property Day!

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April 26th is World Intellectual Property Day. “What?” I can hear you asking, why should there be a special day to celebrate Intellectual Property? Well, stop for a minute and take a look around you and I can guarantee that, whether you realise it or not, you will be surrounded by Intellectual Property.

Like the book you are reading (e-book or otherwise!), the iPod or MP3 player you are using to listen to music, the music itself, even the clothes you are wearing, every product or service we use in our day to day lives is the result of innovation. These innovations may be big improvements in function, or small changes in design that alter the way a product looks, either way these improvements will generally be protected by Intellectual Property (IP).

Intellectual Property (IP) is like any other piece of property and the owner of the Intellectual Property rights controls what, if anything, happens to those rights, including who can benefit from the work or from the investment the rights holder has made into the creation of the product or service.

So how does this affect you and your business?

Whatever business you are engaged in it is very likely that you are using and probably even creating a large amount of IP and, if you want to get the best possible commercial results from its ownership, you need to think about the steps you need to take to protect, manage and indeed enforce your rights.

  • Protect – register your IP rights where possible.
  • Manage – keep a record of all the IP you have and any IP that you license from third parties. Ensure renewal fees are paid and licenses are up-to-date.
  • Enforce – as the rights holder it is your responsibility to keep an eye out for any IP infringement and to take action to stop it. If you do not intend to enforce your IP rights then perhaps you need to reconsider whether or not you should register your rights.

So let’s look at each form of IP in turn;

2000px-RegisteredTM.svgThe first piece of registrable IP most businesses will have is a trade mark. Trade marks are used to indicate the origin of goods or services. They may be symbols, words, colours or even a combination of these, the choice is yours, but whatever the makeup of your trade mark it needs to be distinct enough to allow consumers to identify your products or services from those of your competitors.

As well as standard trade marks there are several other types of mark such as Collective marks, used to distinguish the goods and/or services of members of a particular association, or Certification marks, given for compliance with defined standards to anyone who is able to certify that their products meet certain standards e.g. ISO/TC 181 Safety of toys.

Trade marking is not to be approached lightly as your trade mark is likely to be one of your most valuable business assets.

Copyright-symbolNext, Copyright. Most of us when we think of copyright we think of books, music, films etc. but copyright will also exist in your website, the flyers or brochures you may produce for your business, the menus for your restaurant or café. All of these, provided they are your own original work or you have a license to use them if they were created by a third party, will be protectable.

Mark all of your original copyrighted material with the copyright symbol ©, the name of the rights holder and the year of creation, e.g. © British Library 2019.

If you are a designer then registered designs are probably something you should consider as registered designs protect what it is that makes an item attractive or appealing to its intended market. As the holder of the registered rights you will be assured an exclusive right to the design and thereby protection against unauthorised copying of the design by third parties.

PatentedFinally, patents (this is the biggie!)

A patent is an exclusive right granted for an invention. It provides patent rights holders with protection for their invention for a limited period, usually 20 years, subject to the payment of annual renewal fees. Having a patent for your invention means that your invention cannot be made commercially, or distributed or sold without your written permission. You get to decide who may or may not use the invention for the duration the period of protection. However, once the patent expires, after 20 years or if you stop paying the renewal fees, the invention will no longer be protected and will enter the public domain. Basically, it becomes available for anyone to use as they wish.

Probably lesser known, but just as important IP rights are Know How and Trade Secrets. Know How is the practical knowledge of how to do something, to get something done. This sort of knowledge will not necessarily be included in a patent for example, but will be necessary to finish the product, project or job. For examples of Trade Secrets; think of the Coca Cola recipe or the recipe for Irn Bru. These rights are not registrable and need to be protected using contracts and/or confidentiality agreements.

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This post just touches on the subject of IP really as a way of highlighting World IP Day and anyone thinking of using IP or making any financially crucial or business crucial decisions based on IP should speak to an IP attorney. The website of the Chartered Institute of Patent Attorneys can help you locate an attorney in you local area via their website. Most IP attorneys offer a free 30 minute one-to-one advice session.

Alternatively, you can visit your local Business & IP Centre for free, impartial, non-legal advice. Click here to see the full list of Centres around the country. 

A final comment; innovation through the years has shaped the world we live in, from the simple hand cast nail invented more than 2,000 years ago to the invention of the wheel and the wheel and axle concept, from Gutenberg’s printing press to the telephone, the electric lamp to penicillin, all of these innovations have made our lives easier, better and more interesting and, hopefully, the inventors and innovators of our generation will continue the trend.

 

Maria Lampert, Intellectual Property Expert

05 July 2017

How Intellectual Property helped Julie Deane start a £10 million business from her kitchen table

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So many small businesses lack IP awareness and understanding, but IP is something of an unsung hero and can prove critical in making or breaking a business.

The Business & IP Centre team are dedicated to helping entrepreneurs and SMEs understand what IP is and why it’s important, what IP they might have created and how they might increase their business success and profitability by protecting and exploiting that IP in the future. Over the years the team have supported thousands of small businesses unlock the value of their IP, and much of the support we provide in the Centre uses case studies and real-life stories to demonstrate how having a handle on your IP gives you a huge commercial advantage.

One such example is Julie Deane OBE, founder of The Cambridge Satchel Company, who has taken her business from the kitchen table and a £600 start-up budget to a global success story with a turnover of £10 million. Along the way Julie has overcome numerous business challenges including managing designers, manufacturers and overseas distributors, establishing web and physical retail sites around the globe and dealing with thousands of imitator brands. Here, in a free 30 minute podcast with the Intellectual Property Office, Julie lays the truth bare on how she’s developed strategies to tackle copycat websites, build the brand, keep putting the quality of the product at the heart of the business and “hang on to the passion that made you start the business in the first place.”

 

Podcast IPO

 Here are our 3 ‘top tips’ for what you need to know when it comes to your Intellectual Property:

  1. Think about trade marks - Is your business name protectable in the countries that you wish to trade? Is it already being used or does the word have another meaning in a different country. Future investors will want to know that you have the rights to trade in the countries that they wish to trade in, and you need to consider this right from the start to give your business the best chance of success.
  2. If you’re creating a ‘thing’ - Do your research before filing for a patent; is there a market for your product? It is expensive and takes a long time to protect your idea so make sure you do your market research and can be confident that somebody will buy it at the end of the day. If you have paid for your product to be patented and want somebody to manufacture it for you, you also need to ensure you have agreements in place limiting their rights to your initial idea or design.
  3. Founder’s agreement - It is easy to set out a document with your business partner right at the start when setting up your business agreeing things like % of ownership and what should happen in the case of a dispute, or if one of you wish to sell then business and the other one doesn’t. Once a dispute has started it is much harder and messier so you need to make sure all parties are clear on this from day one.

You can find further help, support and information on IP in any of the eleven Business & IP Centres up and down the country, including the British Library in King’s Cross. Speak to any one of our specialist staff face-to-face, over the phone or by email. You can also log on to our free of charge online workshops to grow your knowledge about IP, and increase your chances of business success.

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Julie Deane in the Business & IP Centre

Julie Deane is Entrepreneur in Residence at the British Library and a huge champion for ambitious business owners. She recently gave advice and practical tips on Intellectual Property at the Library’s Scale-up Summit alongside Will Butler-Adams, CEO of Brompton Bicycles. Cambridge Satchel and Brompton recently launched a range of colour-matching bags and bikes where the satchel fitted perfectly to the handlebars. This ‘made-in-heaven’ brand match caught the attention of the press and delivered extremely high sales. Will and Julie's opening keynote presentation on ‘Getting your business in the media’ was a great success too.

 

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The Cambridge Satchel Company / Brompton Bikes collaboration

 

09 June 2016

How much is William Shakespeare worth today?

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Business-18061_640William Shakespeare died over four hundred years ago. But his literary legacy lives on to the tune of billions of pounds of financial value.

After four centuries he continues to be recognised as the greatest writer in the English language. The Bard was also quite a savvy businessman, amassing enough money to acquire New Place, one of the largest houses in his home town of Stratford-Upon-Avon. But how much is his literary legacy worth today?

More popular abroad than in his home country

Before we get onto that, I suppose we shouldn’t be surprised to discover that nowadays Shakespeare is more popular abroad than in his country of birth according to a 2016 YouGov poll.

But the poll also shows that his legacy makes a significant contribution to the UK’s financial prosperity and cultural influence.  

Shakespeare's 38 plays and 154 sonnets been translated into 118 languages (including Klingon), and performed throughout the world. In addition, he is also a major factor in attracting visitors to his birthplace.

Out of copyright for hundreds of years

The answer to the question ‘how much is Shakespeare worth’ is complicated by the issue of copyright. His entire creative output has of course been out of copyright for centuries. In the UK, copyright currently last for 70 years after the author's death.

So the billions of publications and performances do not need to pay royalties to his estate. So, instead I have looked for the total value of Shakespeare-related content in the market today, rather than the amount he would have earned.

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Drawing of New Place owned by Shakespeare

Next, there is the question of whether we are valuing the annual ‘turnover’ of the Shakespeare ‘industry’, or the combined value of current Shakespeare assets?

How much is Shakespeare worth?

OK, enough waffle, it’s time to get down to brass tacks.

For the annual figure. Australian valuation firm Brand Finance came up with £325 million in 2012. They claim this is more than double the combined value of Elvis Presley and Marilyn Monroe brands. 

Their study also found:

- Shakespeare is the best-selling author of all time; with book sales estimated between two and four billion. In contrast, J.K. Rowling's unit sales are estimated to be 'merely' 450 million.

- 64 million children globally study Shakespeare in countries as diverse as Australia, Azerbaijan, China, Denmark, Italy, Kuwait, Oman, Philippines, Poland, Russia, Saudi Arabia, Sudan, Ukraine and Vietnam.

- There have been more than 400 feature length films and TV productions of Shakespeare works.

- There are currently 67 registered trademarks bearing Shakespeare's name in Australia, the UK and the USA alone ranging from Shakespeare's Pies to the Royal Shakespeare Company.

This is the first time a monetary value has been placed on the Shakespeare brand taking into account book sales and downloads, paid attendance at theatre productions, box office and TV receipts from film productions, sale of Shakespeare branded goods and tourism revenue.

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234 First Folios worth £1.1 billion

If we look at the value of Shakespeare's ‘estate’, then the figure is much larger. Just the value of the First Folio editions of his plays is over one billion sterling. It is believed that around 750 copies of the First Folio were printed, of which there are 234 known surviving copies.

We hold an impressive five copies here in The British Library, although this is somewhat trumped by the Folger Shakespeare Library in Washington, D.C. who have an astonishing 82 copies. Their value varies according to condition, but by some estimates the average value would be around £5 million. This would give a total value of £1.1 billion.

It’s impossible to be precise about the number of Shakespeare related books published in the last 400 years. A quick search on Amazon shows 146,801 results with prices ranging from £9,999.98 to zero plus £1.99 post and packing:

King Lear

to

Othello


Then we need to add in the value of all the theatres around the world who specialise in Shakespeare productions. The Royal Shakespeare Company (RSC) employs 700 staff and produces around 20 productions a year from its home in Stratford-upon-Avon. Together with the re-created Globe Theatre on the Thames in London, the value must be at least £100 million.

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Globe Theatre London

Shakespeare on stage and screen

Next comes film and television adaptions and their related recordings for home sale. And of course we mustn’t forget the merchandise, such as the William Shakespeare Candle and My Book of Stories: Write your own Shakespearean Tales, available from the British Library shop.

Or from elsewhere, how about Shakespeare Christmas tree ornaments, board games, playing cards, shower curtains, action figures, and even onesies.

My personal favourite is the Shakespeare bust used to conceal the entrance to the bat-cave, seen in the classic 1960’s Batman television series. Available in life-size or Lego version.

Batman

Lego

Shakespeare tourism

Finally, and biggest of all, is tourism. It’s impossible to calculate how many visitors to the UK are coming because of Shakespeare. Either to see his plays or explore his hometown, Stratford-Upon-Avon. Or for those seeking a warmer climate, the fictitious balcony where Romeo serenaded Juliet in Verona, Italy.

  image from a2.typepad.com

It all adds up to an impressive several billion pounds. But perhaps this focus on hard cash misses the point. The world is a richer place culturally, thanks to Shakespeare’s genius with the quill all those years ago. 

Written by Neil Infield - Manager in the Business & IP Centre