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Anyway up Kat |
This little Kat is pleased to be back in London to take full advantage of the many IP events. (Keep up to
date with our forthcoming events page
here). Last week she had the pleasure of attending
Combat the
Copycats, an event organised by the
Intellectual
Property Awareness Network (IPAN) and
City,
University of London as a fringe event to
Clerkenwell Design Week. (A celebration of design and innovation in
Clerkenwell involving 250 exhibitors, more than 90 showrooms, 10 installations and 7
exhibitions).
The event was opened by
Mandy
Haberman (Vice chair at IPAN and inventor/entrepreneur), who talked about the
Anywayup cup [a seminal patent
case for any IP enthusiast] from her personal perspective. Mandy described how she successfully defended her IP rights and subsequently sold over 40 million cups worldwide! You can read the full details
here.
This was followed by a real-life story of an IP 'close shave' from the
perspective of Industrial Designer
Pete Coding (Design
director at
Future Nova). Pete told how he was inspired by The bathroom
by Alexander Kira to design a squat toilet, the ‘
Le Penseur’, aimed at the western
market as part of his final year MA project. The innovative idea led Pete to give a
Tedx talk and was
subsequently hired by Dyson. It wasn’t until he later decided to move
forward with the product, that he realised he hadn’t thought
about his IP rights. After receiving legal advice he registered
the design himself. Pete said that IP protection enabled him to obtain funding support to develop his design.
The rest of the event was separated into two sections: Firstly,
how lawyers can help designers, presented by
Professor David Musker
(Queen Mary University of London) and
William Miles (Solicitor
at Briffa). William provided an overview of copyright, design rights and
registered designs rights, in particular pointing to 4 helpful action points
for managing IP rights: identify, protect, exploit and enforce. Most
interestingly, he talked about one of Briffa’s well known clients - the owner
of the
Trunki suitcase [another classic
IP case, reported by IPKat
here].
As readers may remember, the Trunki was unsuccessful on the BBC entrepreneur
series
Dragon Den because
the ‘dragons’ thought that the product would be too easily copied. Nevertheless,
the designer registered the black and white design of the suitcase, but when the product was copied he lost the case on Appeal.
William pointed out
that the designer only registered the black and white image of the suitcase and
not the drawing.
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The speakers and organisers of the event |
David added further discussion on
design rights and some interesting thoughts on the relationship between lawyers
and designers. He suggested that whilst designers think synthetically, lawyers
think analytically and as a result they don’t always understand each other’s
perspectives. David also spoke of the benefits of patenting, other than the
obvious licencing options, as it can legitimise a designers product, encourage investment
and have tax benefits. He brought along the example of the
Wolffepack backpack which is lowerable
and swingable - with a lovely story that you can read about
here.
The final part of the afternoon focused on how designers can
help themselves.
Professor
Ruth Soetendorp (IPAN Education Group convenor and Associate Director,
Centre for Intellectual Property Policy and Management, Bournemouth University)
discussed confidential information and trade secrets.
Lawrence
Smith-Higgins (Head of Campaigns and Education at the Intellectual Property
Office) talked through a whole range of IP educational resources from the IPO
such as
cracking ideas which offers educational
materials and the UK
IPO
Youtube channel which hosts a number of IP education videos. The materials
aim to raise awareness and encourage respect of IP.
Finally,
Dr Luke McDonagh
(City Law School, City, University of London) discussed trade marks and branding,
focusing on the importance of trade marks in relation to their purpose and
history.
Overall it was a worthwhile event that was
interesting from an IP perspective and no doubt helpful for the designers who
attended in order to hear more about the practical importance of managing their
intellectual property. Clerkenwell Design Week will be back next year, stay tuned
here.
Cat photo: las - initially
Speaker photo: Ruth Soetendorp
It is great that so many are now waking up to the reality of many lone, micro and SME creators who face significant challenges by copycats intent on taking the fast track to market through copying. Inevitably in the David (SME) & Goliath (often major retailers and manufacturers) scenario we are seeing the might of corporate lawyers who stonewall any legal challenge by SME innovators and perpetuate litigation leaving it almost impossible for a micro designer to continue to write legal letters and actually get to a final Court hearing if they are copied. In our experience, sadly, taking legal action is the luxury of the few so ACID's concentration is on a proactive IP strategy - education & awareness, prevention, deterrence, support when things go wrong and fiercely campaigning for design law reform. Since campaigning for criminal provisions to be introduced for the intentional infringement of a registered design was enshrined in the 2014 IP Act, we have seen a move in the right direction. The fact that individual directors are also liable would seem to have resonated. Ultimately, the message to Government has to be more enforcement support for a sector which punches well above its weight underpinned communicated and articulated CSR - declared IP compliance, ethics and respect.
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