ACID's legal affiliate presented the importance of protecting intellectual property rights. ACID explained how to avoid having property copied or being accused of copying an individual's work.
Intellectual Property Rights
Copyright for 2D designs (UK):
This covers paintings, drawings, fabrics, diagrams, and photographs. All work must be original and the individual has to prove they have used their own skill to produce the item. Once the item has been audio or physically recorded, the right is automatically created, thus there is no need for formalities. This right is then in the name of the creator or their employer. It is important to know that a record of the idea should be made before discussing it with anyone, otherwise it is very difficult for lawyers to determine who made the original. This copyright last for life, plus 25 to 70 year after the individual passes away.
Copyright for 3D designs (UK):
Copyright for 3D designs (UK):
This copyright is the same as the Copyright for 2D designs, except the items it covers are (in the loose term) sculptures, works of architecture and works of artistic craftsmanship.
Unregistered Design Rights (UK):
This right protects furniture, interior accessories, lighting designs etc. 2D designs are not covered in this right, unlike Copyright for 2D designs. Designs must be original and must not copy designs even if they are considered to be "commonplace". There is no need for formalities, and designs are protects up to 15 years at the end of the first year the product is made, but not marketed, or 10 year at the end of the first year the product has been put on the market. This allows the individual to test the market. Anyone can copy the original in the last 5 years of the protection, but must pay the owner in royalties. Copyists will be penalised if only slight changes were made.
Registered Design Rights (UK):
The protection covers the appearance of the product, unlike the Unregistered Deign Rights. Shape, contours, lines, colours, texture of the product or ornamentation are protected. The design is only liable for registration if it has not been on the market for more than one year. The design must be original and copyists will be penalised if the product creates the same impression as the original. Unlike Copyright and Unregistered Design Rights, there is no need to provide evidence of copying a design. This means the owner has full monopoly over the design. Once the design is registered, it is protected for 25 year, and can be renewed every 5 year after registration.
Trademark:
In order for the design to be liable for registration, the goods or services must show how theirs differs from that of other other businesses and companies. The trademark shows that the owner had registered that item.
Patent:
This protects inventions and allows the owner to the right to manufacture use and sell a product of the invention. For the invention to be patented, it must follow 2 rules:
Registered Design Rights (UK):
The protection covers the appearance of the product, unlike the Unregistered Deign Rights. Shape, contours, lines, colours, texture of the product or ornamentation are protected. The design is only liable for registration if it has not been on the market for more than one year. The design must be original and copyists will be penalised if the product creates the same impression as the original. Unlike Copyright and Unregistered Design Rights, there is no need to provide evidence of copying a design. This means the owner has full monopoly over the design. Once the design is registered, it is protected for 25 year, and can be renewed every 5 year after registration.
Trademark:
In order for the design to be liable for registration, the goods or services must show how theirs differs from that of other other businesses and companies. The trademark shows that the owner had registered that item.
Patent:
This protects inventions and allows the owner to the right to manufacture use and sell a product of the invention. For the invention to be patented, it must follow 2 rules:
- Novelty - It must never be acknowledged by anyone prior its patent application date.
- Inventive step - It must have obvious adjustments to something that has already been invented.
Patents are very expensive - The individual must consider the pros and cons of applying for a patent.
Fees:
To register something in the EU costs €350 and £60 in the UK, however this registration only covers the specific countries. If the owner went to the US, for instance, they would not be covered as other countries have different regulations in IP rights.
How to define a copying infringement of a design:
There is no percentage of similarity to penalise someone for copying a design. In order for IP lawyers to determine a copyist, they consider these points:
- What stands out?
- How many replicas have been made compared to the original and the copy?
- Has the concept itself been copied?
- Is the design novel enough?
This seems to rely on subjective analysis and reveals many grey areas when determining a copyist.
To avoid being copied, create an audit trail or record each stage of progression without overwriting it in order to see how the individual achieved the outcome.
When involving lawyers, it is important to consider whether the case worth the money - How likely will the individual win the case and will it pay for itself?
The law of passing off
This applies to people like celebrities, who have a reputation and merchandise which comes from an unofficial source. If the merchandise is unofficial, it could be argued that people may become conduced as to whether this item is official or not. This could potentially effect a brand or celebrity's reputation.
ACID Marketplace
It is the UK's first design exchange website. Individuals with an account can control who can access sight to their concept or project they have uploaded. This then allows the individual to identify who has seen the concept, thus recognising any copyists.
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