07 November 2024
Why should you attend Start-up Day 2024?
With less than two weeks to go until Start-up Day, the chance to boost your business for free, we reached out to some of our delivery partners who you can expect to meet on the day to find out more about what you can expect, as well as get some business insights and advice.
Whether you're just starting up, looking to grow or simply have a brilliant business idea, Start-up Day is for everyone. Find out more and book here.
Become informed, inspired and empowered
"Starting your own business – and succeeding in it - can be both daunting and lonely, but also really rewarding. Start-up Day is the ideal opportunity to become informed, inspired and empowered. You can enjoy a day of talks and advice from entrepreneurs and business specialists, plus it’s a great way to meet and network with like-minded, budding business owners like yourself.
I will be co-hosting the event, which means I’ll get to welcome everyone, introduce our amazing speakers and get to meet and talk with many of the wonderful attendees between sessions throughout the day.
My advice to someone starting out is to pick a business that is related to your passions, talent and heart. This will ensure that you really have that energy and drive that you will need to succeed. It is also vital that you research, attend events, get informed and test the water of your ideas.
The Business & IP Centre is the ideal way to do that with all sorts of resources, information, one-to-ones, webinars and events to help you. Finally, take care of yourself and your health and foster a healthy mindset – see it as an ongoing learning journey, not a short sprint."
- Rasheed Ogunlaru, Coach, Speaker and Author
Fresh ideas and unique approaches
"Start-up Day is an invaluable opportunity to gain insights from a diverse group of industry experts in an engaging and inspirational setting. I strongly encourage you to attend sessions led by professionals from sectors outside your own, as their perspectives can provide fresh ideas and unique approaches to your business or concept.
As a business advice partner of the BIPC, I’ll be participating in the speed-mentoring sessions, where you’ll have the chance to connect with a variety of experts and receive tailored guidance and inspiration specific to your goals. This fast-paced format is designed to be dynamic, enjoyable, and highly creative.
So what are you waiting for?"
- Peter Schonbeck, Founder of Productschön Consulting
Turn your potential into performance
"Start-up Day is a fantastic opportunity for business owners to gain valuable insights, network with like-minded individuals and access resources that can significantly boost their business growth.
I'm excited to offer a dynamic speed mentoring session on Start-up Day, where I'll delve into the intricacies of marketing, sales, and business growth. With a focus on practical, real-world strategies, attendees will leave with personalised insights and actionable plans designed to propel their businesses to new heights. It's all about turning potential into performance!
If you're looking to start-up, my advice is that consistency is key. Develop a clear marketing strategy and stick to it, while remaining adaptable to changes in the market."
- Rebecca Thomson, Director of Local Marketing Made Easy
A raft of free business support
"Start-up Day is an amazing opportunity to access a raft of free business support and guidance from industry experts, including inspirational talks and speed mentoring, all in one place
I will be taking part in the two speed mentoring sessions where entrepreneurs will get the chance to seek advice from myself and a team of mentors. We’ll be covering areas such as intellectual property, business strategy, routes to market, marketing and finance.
My advice to someone starting up would be to develop a business plan that is underpinned by market research. Your research should help you to understand the market segment you plan to operate in, identify any problems/pain points that you can provide solutions to, identify your target customers and key competitors. The BIPC is a great start with access to sector specific market research databases, free of charge."
- Alison Lewy MBE, Founder of Fashion Angel
Entrepreneurial inspiration
"Start-up Day is an event of entrepreneurial inspiration and practical advice. On the day I'll be hosting a session focused on food and hospitality businesses. Whether you're thinking about selling homemade cupcakes or opening a full-scale coffee shop or restaurant, I'll answer your specific questions.
One key piece of advice I always emphasise is to start small and test your ideas in the market before launching on a larger scale. This approach allows you to refine your concept and minimize risks."
- Vasken Jermakian, Foodication Restaurants Ltd
It's fast, fun and very creative
"Start-up Day is the perfect chance to hear from multiple experts in a fun and inspirational way. Definitely make sure to check out experts from industries that are not your own, as they might give you a new way of looking at your business or business idea!
I will be part of the speed-mentoring sessions, where you get to meet all kinds of experts and get inspired by their advice and ideas related to your business. It's fast, fun and very creative.
My advice to someone just starting out is to set aside time every week to think strategically, maybe an hour or so, then every month a whole day. So many people get caught up in the doing-doing-doing without giving themselves time to think about the big picture or learn more so they can do even better. Start-up Day is a great opportunity to think and learn for a day."
- Melissa Addey, Author and Writer
Network as much as possible
"At Start-up Day you'll meet new people, share ideas and learn something too. No matter what stage of business you're at, networking and getting out and about are key!
I will be on hand to help guide entrepreneurs and share some of my 20 years of business experience.
My early stage business advice is firstly to network as much as possible with potential partners, funders, suppliers and of course customers. Secondly, test your idea before officially going to market as it can save a lot of time and money in the long run."
- Michael Murdoch, Founder of The House
Start-up Day takes place at the British Library on Tuesday 19 November. You can discover secrets to success from renowned industry leaders like Charlie Bigham, network with like-minded entrepreneurs and get a professional headshot to enhance your brand. Plus, you can explore our dedicated BIPC area in the British Library and connect with industry experts at our speed mentoring sessions. Book now.
You can also join us later for an inspiring evening with TV Dragon and business mogul, Sara Davies MBE. You'll hear about her journey to success and get the chance to ask her your burning questions. Book your tickets here.
31 October 2024
Happy Halloween:19th century patents to avoid being buried alive!
Today is Halloween, the spookiest day of the year, when our thoughts tend to turn to the dead and other horrors. It’s the perfect time of year, then, to discuss a fear all of us surely have: taphophobia – the fear of being buried alive.
Putting aside the very remote possibility of falling afoul of a drugs cartel (your line of work depending), someone could be buried alive accidently if they are mistakenly presumed dead. This is not as farfetched as you may think, and a quick google search will return some very worrying news stories on the subject.
Being accidently buried alive was probably far more likely before the advent of much of the medical technology doctors employ today, which may explain the abundance of 19th century patents on the subject in our collection. Below are a few of our favourites.
US 81,437 of 1868 – Improved burial-case
This patent is for a coffin with a detachable vertical tube, which, while attached, creates a means of escape for any poor occupant not quite ready for the grave. Air inlets allow anyone alive inside the coffin to breathe freely and a sliding glass lid allows those above ground to check for movement.
If the occupant is too weak to ascend the ladder, they can ring a bell for attention using the cord placed in their hand during burial.
If, after a certain length of time, it is clear the occupant of the coffin is indeed dead, then the tube can be removed (closing the spring-loaded lid of the coffin) and used in another burial.
US of 329,495 of 1885 – Burial-casket
This invention consists of two removable pieces of apparatus (an air pump and an alarm system), which are connected to a coffin buried under ground. Both are activated when a wire attached to the occupant’s hand detects movement, flooding the coffin with air and alerting those above ground to come rescue this poor soul pronto.
The tube of the alarm apparatus also doubles as a way to view the face of the body within the coffin, by means of a lightbulb and a reflector.
Again, when death is more certain, the above ground apparatus can be removed and used in another burial.
US 500,013 of 1893 – Coffin signal
This invention is intended to alert those above ground that someone is still alive inside a coffin, but it feels a little too easy to miss. But we’re skipping ahead. Mechanisms are placed on the body, hands, and head of the coffin's occupant, and are designed to detect the slightest movement. If movement is detected, a spring-loaded device will raise a signal above the coffin. Looking at the patent illustration, this appears to be a mop. Luckily, this also opens a passageway for air to enter the coffin, as it could be some time before someone happens to walk by.
GB 4,626 of 1896 – Preserving dead bodies from decaying
No picture for this one (and preventing premature burial is only a side benefit), but it is one of our favourite British patent specifications, that just so happens to be perfect for Halloween, with lines such as:
'In fact it will lessen the horror of dying in knowing that when we die our bodies will be preserved and not be a meal for worms, insects, rats, mice and the like. Spirit will also revive the seeming dead.'
Anyway, one for the pickling fans out there.
US 658,247 of 1900 – Apparatus for preventing premature burial
This invention is unlike the others, as it’s designed to be used pre-burial.
It’s quite an ambitious patent really, as it describes an ‘observation chamber’ with tracks on the floor (for ease of movement of the coffins) and side rooms for a furnace and an air pump.
In the centre of the main room sit several airtight ‘observation receptacles’ (complete with glass tops), into which the coffins are wheeled (also complete with glass tops). An air and exhaust pipe ensure a steady flow of fresh air to the potentially still alive occupant. The exhaust pipe leads to the furnace, meaning any ‘obnoxious or infectious gases’ are drawn off and burnt.
As in other patents, an alarm system is placed inside the coffin to detect any movement. Then it’s a case of waiting. Either for the occupant waking up, or for a clearer confirmation of death. In which case the body can be buried safely.
Bonus patent: US 208,672 of 1878 – Improvement in coffin-torpedoes
This invention is slightly off topic, but it’s being included as a bonus as it is on the theme of burial and, quite frankly, sounds bonkers. The torpedo (stay with me) is placed inside a coffin prior to burial and is designed to go off if anyone attempts to remove the body – severely injuring or killing the grave robber. Good luck with that one future archaeologists!
It would probably also be useful for those worried about zombie resurrections as well.
Happy Halloween! Hopefully no one reading this will wake up wishing you had one of these someday.
If you want to find out more about how the different kinds of IP can benefit your business, you can sign up to our online webinars or attend our Kickstart Your Business workshops.
Written by Steven Campion, Subject Librarian at the British Library
24 October 2024
From Coca-Cola to KFC: uncovering a spooky intellectual property secret
One type of IP is more unknown and mysterious than all the others. Its hiddenness makes it special and used in the right way can be just as powerful. It’s called a trade secret and is a type of IP protection that can be pure business alchemy.
Trade secrets are different from patents in many ways, although both need to be kept confidential (for patents until the patent application is eventually filed).
In the UK, trade secrets come under two types of law; the common law of confidentiality and information that by definition falls under the Trade Secrets (Enforcement, etc.) Regulations 2018.
Common law confidentiality arises when ‘information with the necessary quality of confidence is imparted in a situation imposing an obligation of confidence’.
You can see them both as mutually complementary with some overlap. Both aspects carry a strength, just like a two-headed hydra. Think of a witch’s brew, filled with spooky secrets and bubbling with powerful potential.
There are so many trade secrets concealed around the world, but some are more famous than others.
Does anyone really know the secret formula for Coca-Cola? Apparently not (although it hasn’t stopped other brands from trying to work it out). In the company’s own words, ‘the formula for making Coca-Cola is a trade secret. We have protected the special taste of Coca-Cola for more than 130 years. Only the Coca-Cola Company knows how to make Coca-Cola’.
The mystique behind the Coca-Cola formula is so famous, that the company has it locked away inside a vault on display in the Coca-Cola museum, Atlanta, USA.
However, what if your trade secret isn’t cooking, but computing? Yes, there are plenty of secrets in technology too, especially software. Search engines such as Google (parent company Alphabet) have built an entire business model on algorithms that effectively rank information for ease of finding.
The algorithm has been developed and refined over many years of testing and trading. Recent news of a leak of an AI related trade secret have sent the company into a tailspin resulting in a criminal case been filed. Part of a secret was out.
Any leak of a highly guarded secret can bring major consequences for any company and so protecting these secrets becomes paramount. Once the witch’s secret cat is out of the bag, it’s out. Therefore, businesses will do everything to protect their secrets with the legal equivalent of an ancient curse.
Woe will to any soul who breaks the secret seal on any trade secret! The curse will come through prosecution.
How to protect your trade secret
Which raises a pressing question, how does a company or individual protect themselves from having their secrets stolen?
The answer will depend on the circumstances, and professional legal help is always advisable. Generally the secret is best protected in-house by firstly limiting exposure to a set number of individual(s) on a need to know basis only. Therefore, every company should have a confidentiality process in place backed up in employment contracts.
Furthermore, before any sharing of a secret to a third party it is highly advisable to protect it with a non-disclosure agreement.
Trade secrets are unregistered intellectual property rights. This simply means there is no register of them or requirement for application. This is unlike patents, designs and trade marks. Controlling access to the secret is through contracts based on the law of confidentiality and specific regulations covering trade secrets.
This in some circumstances can be an advantage over patents. A patent, although initially secret will eventually be published before it can be granted to the inventor. The quid pro quo is then a monopoly on the technology or technique for twenty years. If you want to look at alternative ways to protect your process, then exploring trade secrets as a viable alternative could be the way to go.
If you’d like to find out more about the magic combination of all the different types of IP, then our Introduction to Intellectual Property workshops and webinars will do the trick.
Spook your competition and keep your trade secrets close
Your trade secret is truly a magical thing that spooks your competition. It has all the mystique you need to creates an aura of mystery in your business and spellbind your customers. They will want to keep coming back for more, hooked on the power of your hidden magic.
So this Halloween, do not be scared to find and use your business’s secret spell. The treat is always in a secret trick.
16 October 2024
How to set up a food business: hear from the experts this World Food Day
24 August 2023
BIPC Oxfordshire – helping young people to succeed in business
It’s been a whirlwind year for our Business & IP Centre (BIPC) Oxfordshire. Although it’s still relatively new, we’ve already supported over 1,500 people with their start-ups and ideas, and all of our hard work was recently recognised in the form of an award from Libraries Connected.
We’re delighted that our work helping young people in enterprising activities and supporting them into business has been recognised by Libraries Connected - a membership organisation representing the public library services in England, Wales and Northern Ireland - in the form of the Children's Promise Award.
Of course, the BIPC doesn’t only support young people, but we’ve been particularly focused on younger generations here in Oxfordshire, partnering with local and national organisations to nurture their ambitions, and give them the skills to build their enterprise.
For the past two years we’ve been partnering with Oxfordshire Young Enterprise to host the end of year showcase. Last year alone, we had 75 students from 14 schools all over the county attend a special learning event where they pitched, exhibited and were interviewed on their projects.
We’ve additionally hosted individual school visits, including those for children special educational needs. This includes introductions to resources including our free market research databases including COBRA, which provides how-to guides on starting hundreds of different types of businesses.
For people making the first steps into business, we appreciate there can be barriers to accessing the knowledge that is mostly gained from experience. Having the tools to navigate the market is critical in so many sectors, and being able to offer access to some of these is something that makes us unique here in Oxfordshire. This is also why we’re also looking at cross-organisational approaches to link up with colleagues in Target Youth Support services to help young people who may not ordinarily have this access to get involved and gain skills they need, while also signing them up to benefit from a library membership more widely.
Beyond this, we’ve also been looking at how we can support companies or help people to create companies that support young people in education, wellbeing and other related activities.
Among the organisations to benefit from our services is GetFED. GetFED provide barista and business training for young people at risk of exclusion and exploitation. Through bespoke training sessions, the organisation supports young entrepreneurs with the basics of running a small business, developing barista skills and even project managing their own events.
The Drone Rules is another organisation that has been working closely with the BIPC. This unique organisation provides education for individuals and educational providers on all things drone-related – a technology that will be no doubt of interest to a lot of people.
BIPC Oxfordshire is certainly opening the doors for many young people and we hope we can continue to tap into the undiscovered skills of many more.
If you want to find out more about the work of BIPC Oxfordshire visit their website or head to the Centre, you can find them on the second floor of the Oxfordshire County Library in Oxford, with Locals in Bicester and Blackbird Leys Libraries.
Ryan Johnson – BIPC Engagement and Marketing Manager at Oxfordshire County Council
22 August 2023
An innovative history of the historic patent collection at the British Library
Sir Isaac Newton, once said, “If I have seen further, it is by standing on the shoulders of giants.” A few generations after, the Newtonian revolution in physics along with other discoveries of the time heralded in a new age of innovation, engineering and industry. Patents are the primary records of that step process in innovation. They’re a fascinating and invaluable ‘time capsule’ of brilliance (and occasional eccentricity).
Today, the British Library’s historical patent collection has become a world leading collection of historical IP documentation; not only from the UK, but from over 150 countries worldwide. No other collection at the Library captures better the progress of technology and commerce from the early 17th century to the present day.
And now, the British Library’s Business & IP Centre also sits on the shoulders of this gigantic treasure trove of patent, design and trademark information. In fact, it’s almost 170 years since it was first made available to the general public as the Library of the newly formed Patent Office. It really is a library within a library. The history and development of the collection offers us an intriguing insight into how much this information was prioritised managed valued, for researchers then as it is now. One report, by the US Commissioner of Patents in the 1860s described it as a ‘technological library unequalled by anything in America’.
I believe it still is.
Why a patent library?
From a practical point of view, a patent library is an essential part of being able to find (and provide evidence) that a new patent application is indeed an innovative step on what’s preceded it. One can view the history of these patents almost like a family tree of technical steps and developments, each building on the other.
Hot off the heels of the Patent Law Amendment Act of 1852, establishing what we know as the Patent Office (the Intellectual Property Office today), came the Patent Office Library. It opened on the 5th March, 1855. Its formal title was ‘The Library of the Great Seal Patent Office’. To be clear, there were patents and records of them before 1852, managed by Court of Chancery, but the nucleus of the library were 388 books from Bennet Woodcroft, the Superintendent of Specifications and Indexes, and 707 books from Richard Prosser, an engineer closely associated with the Act.
The site was on 25 Southampton Buildings, off Chancery Lane. A site it would occupy in various forms and alterations until the 1990s. In 1891, due in part to an increase in the number of visitors to the Library, plans were drawn up to rebuild the entire site. This was undertaken in stages between 1893 and 1912, with the Library moving to temporary accommodation in 1898. A full library service was maintained during this time. The new Patent Office Library was designed in the cathedral style of library architecture by Sir John Taylor.
War and Post-war
The Library continued to offer reading room services during the First World War, albeit with reduced hours and staffing levels. Visitor numbers predictably fell. And with the later onset of the Second World War, the library experienced a few near misses from incendiary bombs and a V1 flying bomb in 1944.
All during the war years, the need for a comprehensive scientific and technological network in the UK was apparent. And post-war, while widespread support was seen for a national library of science and technology, there was considerable debate on whether the British Museum or the Patent Office collections would form the basis of the new library. The debate was settled in 1959, when a Working Party on the issue recommended the new library should be based on both collections, and put under the control of the British Museum Trustees. And this, in hindsight, was what took it a step closer to the custodianship we have today.
In April 1966, the Patent Office Library formally transferred from the control of the Board of trade to the British Museum and became the National Reference Library of Science and Invention, (NRLSI Holborn division). In the late 1960s it was decided that there was a need to create better links between the UK’s major lending and reference libraries. To that end, the National Libraries Committee was formed in 1967, which recommend the creation of a national library system in 1969.
The British Library is founded
And so, the British Library was created on the 1st July 1973 as a result of the British Library Act which was enacted in 1972. Under the Act the following institutions were administratively combined to form the British Library: the library departments of the British Museum (including the NRLSI), the National Central Library, and the National Lending Library for Science and Technology.
The NRLSI was renamed the Science Reference Library upon joining the British Library and then in 1985 it was restructured to become the reference arm of the Science Technology and Industry Division (being renamed the Science Reference and Information Service (SRIS) in the process).
1998
The next most significant turning point was the opening of the St Pancras site of the British Library and the rehousing of the patent collection. The collection had its own floor (level 2 where the Newsroom currently is). But it wasn’t until 2006 that the Business & IP Centre as we know it today was formally opened. It was a unique opportunity to merge two distinct, but related collections; business & intellectual property under one umbrella. And so came a physical alteration to the space that included meeting rooms and the well-used networking area space.
All this was with an aim to offer a comprehensive range of resources, workshops events and services to support small businesses from the first spark of inspiration to forming and growing their business. Inspired by how the New York Public utilised its Science, Industry and Business collection it was a model that resembles how the Centre operates today at the British Library and now across a national network of over 20 Business & IP Centres.
But today, there is a very special merger that’s not only about business and intellectual property. It’s connecting the past with the present. Our current intellectual property advice and expertise would likely not exist were it not for the historic patent collection. So as we look ahead to what a tumultuous 21st century could bring, it’s somehow reassuring that the firm anchor of the past will continue to guide the innovators, problem solvers and entrepreneurs of the future.
Co-written by Jeremy O’Hare Research and Business Development Manager at the BIPC and Steven Campion, Subject Librarian at the British Library
17 August 2023
A few of our favourite things about the British Library
Did you know that the British Library is home to over 200 million collection items? Occupying over 746km of total shelving, growing an extra 8km every year, our St Pancras site houses inventions that date back thousands of years, as well as new technology from our digital age.
To continue our celebrations for the British Library's 50th anniversary, we asked our BIPC team what their favourite facts about the Library are, as well as their favourite inventions.
Here's what they came up with:
- ‘My favourite fact about the British Library is that it’s an unusual and uniquely built building that resembles a ship. Prior to becoming an architect, Colin St John Wilson was a naval lieutenant... This now makes sense!’ - Meron, Reference Specialist
- 'My favourite invention is the Starship delivery robots in Milton Keynes. I love the innovative solution for local deliveries. They are completely autonomous and the robots can sense when they need to move out of the way. Since they can deliver a small grocery shop, it’s a great solution particularly for people less able to leave their homes. Also, they’re surprisingly cute!' - Claire, Head of Reference Services
- 'I find it amazing that as you walk through the British Library there are four levels of football pitch sized floors of information beneath your feet; the lowest basement sitting beneath the Piccadilly line. I find the historical patent collection just an endless treasure trove of incredible inventions that have changed what is even possible. My favourites are the aviation patents. The Wright Brother’s and Frank Whittle’s aviation patents. Like so many of us, I took one of these ‘flying machines’ to go on holiday somewhere warm and didn’t even consider the marvel of it.' - Jeremy, Research & Business Development Manager
- 'I have thick and often unruly hair and couldn’t live without my trusty Tangle Teezer™. Shaun Pulfrey, inventor and founder of the eponymous company, came to the Business & IP Centre when it had recently opened to see if he could protect his innovative design and now, over 15 years later, he has patented the brush in over 30 countries. Each brush design is also protected by design rights and the name Tangle Teezer™ is also protected as a trade mark. Shaun also took part in our scale-up programme, now called Get Ready for Business Growth in 2014-15 and in 2021 he hit revenues of £43.5 million and sold a majority stake to Mayfair Equity Partners for around £70 million. This is an incredible achievement by Shaun and his team and we like to think that we made a positive contribution to their successful business journey.' - Isabel, Head of Business Audiences
- 'Apart from the amazing free business support the BIPC National Network provides, the most impressive aspect is its geographical spread. It would take just over six days and 458 grueling miles to walk from the most southern point of the BIPC National Network (BIPC Devon Local in Paignton) to its most northern point (BIPC Glasgow in the Mitchell Library).' - Billy, Project Administrator
- 'My favourite invention is the printing press. The democratisation of text ushered in the second information age in Europe by allowing for the mechanical mass production of books and broadsheets. With greater demand for written materials, the invention also fostered translations of popular texts that could be disseminated to the public rather than remaining within the church or royal courts. The British Library’s Treasures exhibit displays one of Gutenberg’s bibles, the first book printed with moveable type in Western Europe, as well as a copy of Chaucer’s Canterbury Tales printed by William Caxton, the first book printer in England.' - Amy, Growth Programme Service Liaison Manager
- 'My favourite invention would have to be either the Printing Press, or the Electric Guitar!' - Simon, MI and Project Coordinator
- ‘If you see five items each day, it would take you over 80,000 years to see the whole of the Library's collection.’ - Jordan, BIPC Workshop and Events Administrator
- ‘Our science blog recently posted some interesting facts about the hidden 'wild' features of the British Library: "the British Library hosts a permanent show of animal fossils, hiding in plain sight. As you cross the Piazza on a visit to the Library you tread on limestone, formed in the early Cretaceous period (145 and 100 million years ago - Ma) in a warm, shallow sea, teeming with life. You can also find fossilised sea sponge outside the Conference Centre, as well as calcareous algal pellets and various fossil shells on the floors inside the British Library".' - Alyssa, Project Coordinator
- ‘The British Library collects words, written and spoken. Its sound archives collect oral history to bring back stories and accounts, like for the BBC programme Aids: The Unheard Tapes. I felt proud of the British Library’s contribution to the programme, which brought personal stories back to life, turning the programme into compelling viewing.’ - Elisabetta, Project Administrator
25 January 2023
Going into IP battle with Banksy
The anonymous street artist, Banksy is no stranger to intellectual property (IP) controversy.
A recent spat with high street clothing retailer Guess over the use of a Banksy work, Flower Thrower, in their shop window has erupted into another round of IP battles between Banksy and others who use his/her work. The allegation is that the image was used without permission.
And that’s just the point. Banksy, being an anti-establishment artist, will always experience some tension between working within the ‘IP system’, to enforce creative and commercial rights as an artist. Not to mention associated moral rights too.
But on that front, I believe Banksy has had some success. And I would wish any artist or creative can enjoy that too for their own work. But in Banksy’s case, there are some unique lessons.
The story of Banksy’s relationship to IP is not unlike a Matryoshka Doll. There are hidden complexities within hidden complexities nested within the hidden artist whose power and intrigue rests on mystery, surprise and subversion.
No wonder it can be hard to put Banksy into a neat category of a recognised artist commercialising their work.
So just how is Banksy different? And what’s Banksy doing to shake things up in the ordinarily suited and booted world of IP regulation?
Subverting while using the IP system
I liken Intellectual Property to an umbrella term to describe a family of different rights that protect the work of creators and inventors. The different members of the family protect different expressions and for street artists that will mostly be copyright. For a business’ product and service brands, there are trademarks.
An artist may branch out into creating products that are manufactured, such as printed T-shirts or other merchandise that carry a distinctive appearance. And for that that there’s registered design.
Banksy, is correctly using as many different forms of IP as he can to maximise protection of his work (we’ll come on to his use of trademarks as a strategy).
In our workshop and webinar, Introduction to Intellectual Property, we emphasise how each of these ‘members of the family’ can be deployed to maximise the defence and use of your creations. While there are distinctions and differences between them, all could potentially be of use.
So how is Banksy doing it and what’s different?
He’s asserting his IP rights, in this case copyright, not to commercialise but to prevent commercialisation and to have his work used within his terms. The terms of use on his website make that very clear;
“Are you a company looking to licence Banksy art for commercial use? Then you’ve come to the right place – you can’t. Only Pest Control Office have permission to use or license my artwork. If someone else has granted you permission, you don’t have permission. I wrote ‘copyright is for losers’ in my (copyrighted) book and still encourage anybody to take and amend my art for their own personal amusement, but not for profit or making it look like I've endorsed something when I haven’t. Thanks.”
The case of Guess
In the dispute with retailer Guess, Banksy was asserting his rights as the copyright holder around usage. Anyone who creates an original work (be it artistic, musical, recording or even software) can assert the same rights. The hard job is often to enforce those rights.
Banksy, did that in his own inimitable way. He claimed usage of Flower Thrower was essentially theft and encouraged a similar response in an outraged Instagram post; “They’ve helped themselves to my artwork without asking, how can it be wrong for you to do the same to them?”
Just to be clear, there is a difference between civil law and criminal law (IP the former, shop lifting the latter) but perhaps from the point of view of the creator who’s had their work used, it can feel the same.
Guess, for obvious reasons, removed the image from their store front.
But then there’s another mystery, nested within the same matryoska doll.
Guess are selling a range of clothing in collaboration with Brandalised who license images by graffiti artists, among them it appears, Banksy. Was there some deal done in private with a third party like Brandalised to allow limited usage?
We may never know and we don’t have to know. Again, the rights holders can use the work as they see fit in public or private. Which again, serves to illustrate how they should be able to retain the upper hand. It is their property, after all.
But what happens when the copyright owner wishes to remain anonymous, like Banksy does? Because to enforce your rights, you have to identify yourself as ‘the author’ or creator.
How can someone who remains anonymous do just that?
Subverting trademarks for a purpose
That is why, some have speculated, Banksy took an interest in filing some of his images as trademarks. Introducing now another Banksy work, Laugh Now, after the image of a monkey holding a placard stating ‘laugh now, but one day we’ll be in charge’.
Its application through WIPO can be found here and the applicant is Pest Control Office Limited, presumably the commercial entity representing Banksy (and doing so anonymously).
Which is why a trademark in Banksy’s case might have appeal.
But not only that, a trademark in theory can last forever, so long as it’s being used and renewed every ten years by an individual or company who owns it.
This particular application was met with opposition, however. A company objected to the application on the grounds it was filed ‘in bad faith’ in order to avoid the standard copyright requirements of establishing ‘an author’ and that there was no intention to commercially use the mark.
After an initial rejection at the EUIPO trademark Cancellation Division, it was overturned by the Board of Appeal (Case R 1246/2021-5) on the grounds that, ‘the relief from not being required to reveal his identity does not exclude the intention to use the trade mark.’ And, ‘it may not be extrapolated or concluded that Banksy will use the system of trade mark protection as mere substitute of copyright in an unlawful manner. It may neither be concluded that the proprietor has in general a negative view on Intellectual Property Rights which would lead to a filing of a trade mark without any intention to use it’
One – nil to Banksy.
What does this serve to prove?
Making the system work for you
Owning one or more form of intellectual property is on the one hand just good sense, while understanding your rights to usage is another. You don’t necessarily have to have a commercial purpose to still benefit from IP protection, especially if you want to retain rights over how your creations are used. Like Banksy, look at the different options and make it clear what you own and the value you place on it.
Especially those in any creative industry. You don’t need to even be subversive or anonymous, like Banksy. Any creative business or individual should be prepared if they ever have to have their own IP battles.
And with Banksy, at least, he’s doing it in his own style.
Written by Jeremy O'Hare, intellectual property information expert at the BIPC.
21 September 2022
Gold and the alchemy of Intellectual Property
Our obsession with one metal has inspired some of the greatest art and creativity in history. Why are we so enamoured with it?
Gold is rare, malleable, remoulded and reinvented into countless forms, throughout many different cultures and civilisations. It is also incredibly beautiful.
We extract it from the earth to form objects that are coveted and often become more valuable over time until they become treasures. This process inspires great innovation and creativity. All in the pursuit of one, precious metal.
The British Library’s Gold exhibition showcases its own collection of golden treasures. On display are manuscripts, treaties and book covers of varying ages and from different places, cultures and civilisations from all over the world.
Here we see how this valuable commodity, when combined with innovation, creates new objects that can be protected, valued and resold. As we’ll discover, it’s a kind of intellectual property alchemy.
Innovation to extract beauty
Over the centuries there have been various places where people have literally, ‘struck gold’. These have become renowned; from the ancient mines of Egypt, India and Anatolia to parts of Europe, where explorers obsessed over a mythical place in the new world called El Dorado, the city of gold. More recently, it is the 19th century that springs to mind, with its gold rushes in Australia, New Zealand and North America as well as Canada’s famous Klondike gold rush in the Yukon province, immortalised in novels and film.
Each gold rush generated new migrations, economic development and new technology. It’s here that the patent system gives an interesting snapshot into what was going on technologically as speculators were investing in sophisticated ways to extract more and more from the same mine.
A patent is an intellectual property right that will protect new and original inventions and processes. The British patent GB1853 no.997, Apparatus for Washing Earths containing Gold, is one such example. Here, two mining engineers from France sought protection for a new technique to ‘dredge’ and ‘wash’ earth and materials derived from rivers to extract more gold. We can see an illustration of how their patent worked in practice here:
There were many other such patents at the time related to mining and metallurgy to keep up with the demands of the industrial age’s hunger for minerals and metals.
Innovation in transformation
Once sufficient quantities of gold are gathered, they can then be transformed into objects of various kinds. How the gold is used has inspired many different techniques over time that have lasted through to today. The use of gold leaf is over 5,000 years old. Ancient Egyptians developed techniques to hammer gold into a thin layer, which created just the same appearance as the solid material but with a more economical use.
Gold leaf can also be finely ground into gold paint combined with a pigment to create ‘shell gold’. Again, another economical use of gold which means that the gold, in its leaf and shell forms, can be used in as varied works as wooden sculptures to gilded porcelain to illustrated manuscripts; such as the British Library’s Harley Gospels.
But the value is not just in the commodity, it’s in the artistic creation. Many jewellers have registered designs for unique pieces made of gold and other precious metals. A well-known brand like Bulgari have a number of watches registered as a design, presumably as they are unique signature pieces of great value to the brand and its design heritage. Here is one such UK registered design:
Main illustration for design number 80800720005000
Registered design is an intellectual property right that gives companies or individuals the right to protect the appearance of a product, such as its shape or pattern. These are ordinarily for more than one piece that is in production.
But what about one of a kind creations using gold? Can they also acquire extra protection and value?
The golden rule of copyright
Each of the works on display in the Gold exhibition is a unique work of craftsmanship and art. Among the most modern is an Art Deco binding by Pierre-Émile Legrain (1889– 1929) of Colette’s La Vagabonde Paris, 1927. Like nearly all of Legrain’s work, they are one-off, original creations and so are automatically protected by copyright at the time of creation. You can call it the golden rule of copyright: if you create an original work it’s automatically yours to own (or sell). However, as Legrain died over 70 years ago, his work is now in the public domain so can be copied and reused. However, this doesn’t lessen the value of his originals, which sell at impressive prices at auction due to their recognised skill and scarcity.
Pierre-Émile Legrain binding on Colette, La vagabonde Paris, 1927. British Library, C.108.w.8
All that glitters isn’t exactly gold
Gold is so valuable and treasured that anything associated with gold, almost unconsciously takes on this value, conveying a meaning that taps into our shared cultural experience and memory. This is where the modern world of branding has lifted this golden association and taken it into new places, in every kind of trade conceivable!
What do you think of, when you hear ‘golden arches’?
A search on existing registered trade marks is a fascinating look at how everybody wants to be associated with all that’s golden. There are over 1,000 trade marks that begin with the word, ‘gold’. From estate agents to media companies, the tourism sector to restaurants, to name but a few.
This goes to illustrate just how we love all things golden, that the value of a trade mark and its reputation is enough for businesses to invest in their brands with the hope of one day selling or licensing their name. This is IP alchemy taken to another level!
Why gold will always hold its value
But it’s not just the value of gold as a commodity, it’s the versatility of gold that exponentially increases its value. Its value may be in a beautiful jewellery design, a one-off work of art that features gold, an invention to find more gold or the power of association that makes us love a brand or business.
Gold carries a symbolism seen in every culture and time. It’s been considered sacred and it’s been considered profane. It’s inspired the best of our creativity (and sadly the worst of our greed). It is truly timeless and its varying forms are endless.
So next time you see anything golden, remember there’s more than meets the eye when it comes to its value. There’s creative alchemy, and sometimes a little IP.
Jeremy O'Hare, Business & IP Centre IP expert
29 April 2022
Spotlight On... our IP experts!
To mark World IP Day this week, we're shining a spotlight on the intellectual property experts of the Business & IP Centre in London to learn about their favourite inventors, weird and wonderful IP queries they've helped to solve, and more.
Neil Infield, Business and IP Centre Manager
If you come into the Business & IP Centre at the British Library you'll see Neil's friendly face! He's there to guide you through the complex material we have. Since joining the British Library 17 years ago, Neil has become an expert on trade marks and has supported thousands of aspiring entrepreneurs develop their IP. Let's hear more from Neil now.
What's a weird and wonderful IP related query you’ve had?
"I met with someone who wanted us to arrange a meeting with the head of Transport for London. His invention would remove air from underground tunnels, which would remove air friction from the tube trains. This would massively reduce energy consumption on the underground system. We didn’t resolve the issue of how passengers would breathe on the trains."
What form of IP should every business have?
"I’m a bit biased as I deliver the workshop on Trade Marks. But on the basis that if you are successful, you will definitely have competitors, you need to be able to differentiate yourself from them. And owning a distinctive registered trade mark is the way to do it."
What piece of classic/pop culture will have a big impact when it comes out of copyright?
"I guess the biggest name to go into the public domain will be Micky Mouse next year (2023). But it will be only the original version of Micky (think Steam Boat Willy) will be coming out of copyright. You can find out who came out this year on Wikipedia
Who is your favourite inventor or invention?
"I think I will go for inventors I have actually met, but I can’t get below three people!
- Mark Sheahan, our Inventor in Residence at the Business & IP Centre for over 15 years. He has helped hundreds of inventors through his free, one to one advice clinics.
- Ian Harrison, who I met at my first British Invention Show in 2006. His Milli Grip adjustable spanner is sheer genius. And I am the happy owner of both the original and updated versions. You can see Ian demonstrate the spanner here.
Like many great inventions it hasn’t had the success it deserves. It is currently available through Monument Tools. - An equally brilliant invention is the Kikka Digga developed by Nick Skaliotis. I first met Nick demonstrating his tool at a local agricultural show at Plumpton College. In conversation while buying an early version of the Kikka Digga, I discovered he had already been helped by the Business & IP Centre. Again this product is still waiting to mainstream, but if you read this review on Amazon you (like me) will wonder why every keen gardener doesn’t yet own one."
Seema Rampersad, Senior Research and Service Manager
Seema has been with the Business & IP Centre for 9 years and has built a reputation as one of our top notch presenters and speed-mentors. She has worked as an information professional for over 25 years, most of this time has been as a business librarian in the corporate sector.
What's a weird and wonderful IP related query you’ve had?
"We frequently get asked for patents from the 19th century which are not available to find easily or free on the internet. We usually must research some aspects of the query using our specialist resources and even patent indices to find the patent number, year and actual patent with drawings. Some of the 19th century inventions are baffling but also interesting such as one on a physiognotrace for drawing portraits. There was one international government department from another country who were extremely pleased when I provided them with a culturally significant patent which they had previously spent about 10 years trying to trace. I found it in about 10 minutes using our patent resources!"
What form of IP should every business have?
"Trade marks and copyright are forms of IP that most companies have for trading and doing business. As a member of staff who uses a lot of digital content as well as a consumer of content in everyday life, I am reminded of copyright very often. Copyright for creative works is an automatic right but I still would recommend that you are explicit that the right belongs to you and your business to ensure that your copyright is protected and not infringed. I also recommend that you do your due diligence and research copyright owned but others in the onset of your startup to avoid infringing the rights of others."
What piece of classic/pop culture will have a big impact when it comes out of copyright?
"The book Winnie the Pooh came out of copyright in 2022 and there are various artist pieces of works in music, sound and films that are out of copyright which I am less familiar with. However, music like Gershwin's 'Rhapsody in Blue' and songs like 'Long Road to Tipperary', 'Til we meet again' and 'Pack up your troubles in an old kit bag' are still being sung freely nowadays with Eliza Doolitte doing a remake of the latter in 2010.
Who is your favourite inventor or invention?
"I am an avid Apple Inc fan from my iMac, iPhone, Apple Music and I still aspire to get an Applewatch one day. These items have truly revolutionised the way I work, socialise, relax and consume content. I particularly like that Jony Ive, Chief Design Officer (CDO) at Apple, is from my neck of the woods in London. His journey to greatness is truly remarkable as an industrial designer. I also thank Apple for making me more connected in my personal and professional life with these innovations. Not to mention our amazing successful customers who inspire us with their motivations and business ideas in the Business & IP Centre."
Jeremy O'Hare, Information Expert
Next up we have Jeremy, who has worked at the British Library in a number of roles since 2006. His background is in business information and was previously a Relationship Manager for our scale-up programme, Innovating for Growth Scale-ups. If you've attended some of our webinars, you may recognise him from his intellectual property workshops and one to one clinics.
What's a weird and wonderful IP related query you’ve had?
"Without revealing too much as a lot of people I see require confidentiality, I have worked with performing artists such as dancers and musicians who compose, choreograph and create pieces that become a live art installation. So the IP creation with multiple creators and collaborators (as well as producers) can become very complex but absolutely fascinating. It also demonstrates how IP is in so many different endeavours and is not just about inventions and brands."
What form of IP should every business have?
"I think every business should have at least one trade secret. And I’m saying that in a broad way, such as what is the process to do things that’s better or cheaper than anyone else? Do you have a special network that provides an advantage or have you innovated something so new and unique with value that you can build a business off it? Whatever it is that you wouldn’t want to lose that helps your business should be named and valued."
What piece of classic/pop culture will have a big impact when it comes out of copyright?
"Most of George Orwell’s work is out of copyright from last year, so expect a whole range of work coming out based on his work. There’s already an Animal Farm game. Watch out for adaptations of his established works on stage, film and literature. It’s interesting to note that some of his recently discovered work, may be still subject to copyright restrictions which is why copyright can be a little confusing at times."
Who is your favourite inventor or invention?
"I love looking at the history of patents and how certain inventions have come to create the world we live in. I do think the invention of the first jet engine invented by Frank Whittle, paved the way for the world we know today (GB347206 Improvements relating to the propulsion of aircraft and other vehicles). We can travel to destinations once the preserve of only a few, form closer business relationships, bring long separated families back together and to form new relationships! The world is so much smaller because distance is not an obstacle. It’s just now the price of an air fare!"
Steven Campion, Subject Librarian (Business and IP)
Steven works alongside Business & IP Centre colleagues as the curator of the IP collection. He has worked at the library for 9 years and can often be found in the reading room helping researchers access our world-leading collection of historical IP documentation.
What's a weird and wonderful IP related query you’ve had?
"I quite enjoy a ‘what is this thing’ enquiry. It’s amazing how often a mystery object will have a patent number somewhere on it."
What form of IP should every business have?
"Always protect a strong business name or logo with a trade mark. Plenty of information on our web pages on how to do this – or pop into your local BIPC for advice."
What piece of classic/pop culture will have a big impact when it comes out of copyright?
"Micky Mouse – but only the version as depicted in Steamboat Willie, as the short film will enter the public domain in January 2024. Later iterations of the character will still be in copyright, and Disney have many trade marks on the character (and many, many, lawyers), but I’m interested to see what happens."
Who is your favourite inventor or invention?
"My favourite inventor is Melitta Bentz who invented the coffee filter (and with it the coffee connoisseur’s favourite – pour over coffee) in 1908.
Before Bentz, coffee was usually brewed by pouring ground coffee into hot water and then waiting for the grounds to settle to the bottom. Sieves and cloth bags were available but they either let too many coffee grounds through, or would be so narrow that the coffee would be cold by the time it was filtered. Bentz’s solution was simple yet brilliant – a perforated brass cup lined with a piece of blotting paper from her son's exercise book.
Bentz became one of the first female German patentees and would go on to found the still hugely successful Melitta company. We have a Melitta brand pour over coffee set in our house and every time I see it I am reminded that we all have the potential to have an idea that can not only make our own lives better, but perhaps also change the world a little for the better as well.
…My favourite invention however is Lego. My bank balance is testament to this."
Got an IP query of your own? Head to our website to learn more about how we can support you and get in touch with our IP experts now!
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