1. CEO of Anti Copying in Design & Vice Chair Alliance for IP
Dids Macdonald
CEO of Anti Copying in Design & Vice Chair Alliance for IP
LOUGHBOROUGH
14 JUNE 2017
essentials of a proactive intellectual property

2. How do we support makers and designers?
IP Education & awareness
IP Deterrence
IP Prevention
IP Support
Anti Copying in Design
AND….
ACID is a united voice speaking to Government, policy officials and key influencers to effect change and design law reform. They champion original design, its protection and enforcement
Who are we?
.…ACID SHOUTS very loudly – ACID, champions original design, its protection and enforcement and work on behalf of its members as a leading UK campaign group for design law reform.

3. IP about ownership and permission.
Anti Copying in Design
Intellectual property is a property right - lease, sale, sub-letting, rent, share you don’t want…squatting?
IP about ownership and permission.

4. An Intellectual WHAT IS Review
SO, WHAT IS INTELLECTUAL PROPERTY?
Intellectual Property (IP) is the property in intangible items.
The subject matter of IP is very wide and provides property ownership in respect of the fruits of creative effort or commercial reputation and goodwill.
Every business has IP and I have yet to come across a business with no IP
Physical Property:
House, car, house contents, clothes, belongings, jewellery, watch
Intellectual Property:
Copyrights, Patents, Trade Marks, Designs, Trade secrets
Anti Copying in Design
Intellectual capital is a critical asset, the DNA running through most businesses whether small or large.

5. A guide to practical elements to create a proactive IP strategy
A guide to practical elements to create a proactive IP strategy. BE PROACTIVE NOT REACTIVE!

6. Recognise and Value your intangible assets
Essentials of an IP Strategy
Start by creating one!
Step ONE
Recognise and Value your intangible assets

7. Essentials of an IP Strategy
Know and learn about…
And become “IP savvy!”
Essentials of an IP Strategy
Step TWO
Become IP “savvy!”

8. Essentials of an IP Strategy
Step THREE
IP isn’t rocket science!
Essentials of an IP Strategy
Step FOUR
Identify & understand the IP rights that protect your brand!

9. Essentials of an IP Strategy
Know your design right from your copyright, your trade marks from your patents -understand the “myths” about IP.
Essentials of an IP Strategy
Step FIVE
Learn about brand protection and enforcement
Myths such as…..
If I make 7 changes in a design it becomes a new design
I have registered my name at Companies House therefore it is protected
If I make a certain % change to a design it becomes a new design
I can register my copyright, Where can I patent my design?
I can patent my idea………And so on…..

10. COPYRIGHT - What does it protect?
Novels, newspaper articles, technical reports,
manuals, databases
Engineering, technical, architectural plans, design drawings and plans
Paintings, sculptures, photographs, diagrams, maps
Original musical works, songs, plays, dramatic works
Promotional literature, advertising, fabric design
Films, videos, cable or radio broadcasts
Computer software, dvds, videos
Anti Copying in Design
What does it NOT protect? ideas, concepts or inventions
How long does it last?
Generally minimum of life plus 70 years for most types of written, dramatic and artistic works, and at least 50 years for broadcasts. It can be different for other types of work
I use a very simple analogy of property ie., your home or flat, when talking about IP. Intellectual property is a property right - lease, sale, sub-letting, rent, share or…squatting?
ownership and permission.

11. An Intellectual Property Review
COPYRIGHT
Every new innovation or technology is protected by copyright almost by default. No registration
Books, newspapers, publishing, music, film, computer software, TV, radio, satellite, internet, databases, art, photography.
Protection from 50 years to life of author plus 70 years delivering absolute monopoly for three generations.
©Dids Macdonald June 2017
Anti Copying in Design

12. An Intellectual Property Review
DESIGNS
Anything in three dimensions that is new, has not been copied and has individual character can be protected as a design. Designs can be registered.
Can be registered in either UK or EU or not (registered designs) but if not arise automatically anyway (unregistered designs).
Confers absolute monopoly for between 3 and 25 years depending on precise use.
Four different types of design protection in UK!
UK registered designs
EU registered designs
EU unregistered designs
UK Unregistered designs
The first three all are based on the same test. The fourth is completely different.
Anti Copying in Design

13. UK & EU Registered Design
Lasts for 25 years renewable every 5 years – a monopoly right

14. UK & EU Registered Design
Lasts for 25 years renewable every 5 years – a monopoly right
What you can and can’t register
To register your design, it must:
be new not be offensive (for example feature graphic images or words)
be your own intellectual property
not make use of protected emblems or flags (for example the Olympic rings or the Royal Crown)
not be an invention or how a product works - you’ll need a patent instead

15. UK & EU Registered Design
Lasts for 25 years renewable every 5 years – a monopoly right

16. UK & EU Unregistered Design
contours IP

17. Designs: registration, protection and enforcement
An Intellectual Property Review
Registered designs
Registration : what you register is what you rely on!
Anti Copying in Design
Designs: registration, protection and enforcement

18. An Intellectual Property Review
Registered designs
Registration : what you register is what you rely on!
Anti Copying in Design

19. ACID Copyright & Design Databank
Anti Copying in Design
ACID Copyright & Design Databank
ACID Brand Enforcement Services to beat online IP theft

20. Patents: Confers registered protection on any new inventions or processIP

21. An Intellectual Property Review
Patents: Confers registered protection on any new inventions or process and confers on patent owner a 20 years monopoly in return for disclosing how have done it
Need to show your invention or process is new (never done or disclosed before), contains an inventive step and is capable of industrial applicability
Pharma, computers, mobiles, technology, chemistry

22. TM Registration
Trade Marks indicate to consumers the origin of goods and services
A trade mark registration is a means to protect a trade mark or brand
Various different types of trade marks can be registered Words.
Coca-Cola
Logos
Shapes
Others (sounds, smells, colours, etc.)

23. Trade Marks can protect a logo

24. Bass Brewery’s logo became in 1875 the first image to be registered as a trademark
TM Registration Costs Application to register a trade mark: £200 For each additional class: £50

25. Step SIX Essentials of an IP Strategy
Identify the territories in which you trade
If your IP is infringed in another where is your IP support? Have you registered your IP in that country? BRIC countries – Help at hand with IP attachés

26. Essentials of an IP Strategy Step SEVEN
Trade Secrets/employees – guard confidential information carefully

27. Trade secrets/employees An Intellectual Property Review
WIPO Trade Secrets as any confidential business information which provides an enterprise with a competitive edge.
Only a limited amount of people within a business may have access to such information.
It can include things such as a businesses customer list, the methods you use to make your product or manufacturing or industrial processes.
Ensure there are restrictions in contracts of employment.
Theft can have serious consequences.
Anti Copying in Design

28. Create confidentiality agreements for sensitive information
Step SEVEN a
Create confidentiality agreements for sensitive information
AGREEMENTS
Make sure you have them in place at the start!
Sign and date them correctly!
Step SEVEN b
Who owns the IP – clarity of ownership is essential

29. IP DEFINITION Anti Copying in Design
Intellectual Property Rights:  patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up [and trade dress], goodwill and the right to sue for passing off [or unfair competition], rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how [and trade secrets]) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Anti Copying in Design
Agreements usually have defined terms and the start.
The IP definition above is has a very broad coverage. It doesn’t have to be this wide and it depends on what agreement you are dealing with.
There are usually standard IP clauses in agreements that we will run through in the later part of the talk.

30. Essentials of an IP Strategy
Step SEVEN c
If you’ve got a good idea – keep it safe!
Essentials of an IP Strategy
GOT A GOOD IDEA?
Keep it safe!

31. Essentials of an IP Strategy
Anti Copying in Design
Essentials of an IP Strategy
Step EIGHT
Encourage an ethos of respect, compliance and respect for intellectual property!
In Dids’ conversations with Government or anyone that will listen to she and the organisation are determined to reinforce the need for CSR

32. Essentials of an IP Strategy
Step NINE a
Keep watch, look at the competition, who is copying you? Is your brand safe?
Essentials of an IP Strategy
KNOW THE RISK FACTORS
Who is copying
Keep watch!

33. Essentials of an IP Strategy
If relying on unregistered design do you have an IP audit trail?
Anti Copying in Design
Essentials of an IP Strategy
Step NINE b
If you are unlucky enough to experience design infringement – can you prove your ownership?
If relying on unregistered design do you have an IP audit trail? Gather evidence and Seek advice – don’t panic! Relying on a registered design? you don’t have to prove copying.
If unregistered design gather your design audit trail evidence (ACID Design Data Bank) Often a strongly worded letter before action with supporting evidence will be enough to settle a case

34. Essentials of an IP Strategy
Anti Copying in Design
Essentials of an IP Strategy
Step NINE c
If you are unlucky enough to experience design infringement – prove a design audit trail of key stages
Design Audit trail: Signed and dated drawings. Helps if they are held by an independent 3rd party – ACID? Solicitor, IP Advisor
Signed, dated, drawing number, any registrations ©

35. Essentials of an IP Strategy Step NINE d
Get expert sector IP advice, ACID, specialist IP lawyers

36. Step NINE e Essentials of an IP Strategy
Choose battles carefully – is there quantifiable loss?
Evidence of IP ownership?
£ Size of opponent?
Publicise any settlements as part of a proactive IP strategy

37. An Intellectual Property Review
Positive Communication…
An Intellectual Property Review
Anti Copying in Design
Communicate your IP strategy.
Websites.
Terms and Conditions.
Marketing material.
Product labelling.
Basically, if you don’t want to be copied say so!
Letting others know you are informed as to your rights sends a strong message (ACID logo)
Essentials of an IP Strategy
Step TEN
Positive Communication
If you don’t want to be copied, say so!

38. Essentials of an IP Strategy Step TEN
© Fantastic Designs 2015 and/or
All intellectual property rights are and will remain the property of Fantastic Designs.co.uk. Any infringements will be taken seriously or
Websites, signatures, marketing materials invoices, advertisements, press releases, plans, design drawings
Essentials of an IP Strategy
Step TEN
If you don’t want to be copied, say so! But how?

39. Essentials of an IP Strategy Step TEN
If you don’t want to be copied, say so! But how?

40. Social Media – spot the copy? Original or copy?
Anti Copying in Design
“Naming & Educating!”
ACID has had 1000’s of settlements & publicise them all even if there is a confidentiality agreement – there are ways around this!
Social Media – spot the copy? Original or copy?

41. Essentials of an IP Strategy
Create a pro-active IP strategy…in Design
Identify what IP is important to your business? If you're an inventor then Patents are going to be important to you. In furniture its usually designs, copyright and trademarks.
Identify IP issues and put a plan in place. Keep records – when created, by whom, design docs? Make decisions on what needs protected and in which market.
Ask: what are the risks that could threaten your business, product or idea? Ask: what is our plan of action if we discover copies?
Make sure your IP strategy is not just reactive i.e. dealing with issues when it becomes fire fighting!
Essentials of an IP Strategy
IP education & awareness, deterrence, prevention access to specialist support and understanding the value in the intellectual capital behind your brand

42. We need YOUR support for talks & negotiations with Government
Anti Copying in Design
Tweet #DESIGNIPBREXIT

43. Rob Law, MBE., MD of Magmatic t/a Trunki
My company Magmatic Ltd T/A Trunki designs & manufactures children’s travel products. We employ 80 people at our HQ in Bristol and manufacturing facility in Plymouth. Our t/o is approximately £8.5million, all of which is generated by products protected by registered and unregistered design.
If we lose protection of our unregistered rights in 28 member states, and are unable to enforce our rights, we predict approximately 25% of our sales could be lost. This could effectively quarter our turnover and lose approximately 20% of our workforces.
Anti Copying in Design
Rob Law, MBE., MD of Magmatic t/a Trunki My company Magmatic Ltd T/A Trunki designs and manufactures children’s travel products. We employ 80 people at our Head office in Bristol and manufacturing facility in Plymouth. Our turnover is approximately £8.5million, all of which is generated by products protected by registered and unregistered design. If we lose protection of our unregistered rights in 28 member states, and are unable to enforce our rights, we predict approximately 25% of our sales could be lost. This could effectively quarter our turnover and lose approximately 20% of our workforces.

44. NEW STUDENT MEMBERSHIP OFFER
Anti Copying in Design
Are you a student or have you recently graduated?
NEW STUDENT MEMBERSHIP OFFER
Rob Law, MBE., MD of Magmatic t/a Trunki My company Magmatic Ltd T/A Trunki designs and manufactures children’s travel products. We employ 80 people at our Head office in Bristol and manufacturing facility in Plymouth. Our turnover is approximately £8.5million, all of which is generated by products protected by registered and unregistered design. If we lose protection of our unregistered rights in 28 member states, and are unable to enforce our rights, we predict approximately 25% of our sales could be lost. This could effectively quarter our turnover and lose approximately 20% of our workforces.

45. CEO of Anti Copying in Design & Vice Chair Alliance for IP
Dids Macdonald
CEO of Anti Copying in Design & Vice Chair Alliance for IP
LOUGHBOROUGH
@ACID_tweets
@didsmacdonald
14 JUNE 2017
Thank you!