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protect and deter Dids Macdonald CEO of the organisation Anti Copying in Design (ACID) advises on how best to protect new products and deter the copyists In the recently published Hargreaves Intellectual Property Review, design has been finally acknowledged as a key contributor to the UK economy, which is no surprise because, according to Nesta, £23 billion was spent by UK businesses on investment in design. So, for those within the highly competitive giftware sector whose lifeblood depends on creating new, design-led products, protection and deterrence against copying are top priorities. Within today’s tight economic constraints, it is crucial that all the creativity, research and development that goes into creating new products and designs, is allowed to reach its full market potential to reward the originator free from the threat of copying. Risky business Intellectual property law is based on property law so, in the same way that you would have title deeds to your home (or your mortgage company would!) or a lease to rent your flat or house, it boils down to ownership and permission to live in a property. Therefore, if someone squats in your home without your permission, your home rights are violated. Well, it’s the same with intellectual property (IP) – the generic term for patents, designs, copyright and trade marks. If someone “takes” your designs without permission they are infringing your intellectual property rights. Would you send thousands of pounds through the post without adequate protection? I doubt it. And yet designers continually send their precious designs quite happily by email without any safeguards and little regard for the investment they have made in new product development 62 giftfocus to bring a new design to market. Seizing opportunities to submit new product designs when responding to a buyer’s interest in your product range is a ‘no brainer’ but not without its potential IP hazards. Many buyers, naturally, are commercially responsible about respect for IP and in ensuring that they have the right permission to use others’ IP but some, sadly, are not! No one can refuse a business opportunity, but sending designs electronically without safeguards is a risky business. “Seizing opportunities to submit new product designs when responding to a buyer’s interest in your product range is a ‘no brainer’ but not without its potential IP hazards.” Protect When pitching via e-mail you should include an intellectual property statement within your e-mail signature and a copyright statement on design drawings. ACID members also use the ACID logo to inform others that they are aware of their IP rights. It is at this vulnerable stage that tracing the whereabouts of your latest designs can also put a valuable layer of intellectual property awareness into the equation. Using ACID’s new IP Tracker will ensure that details of new designs, drawings, submissions to tender, responses to brief and indeed any other confidential IP rights-based information sent to a third party has the safeguard of confirmed delivery for the sender, with a copy held by ACID as evidence. The service automatically acknowledges delivery of information and the recipient confirms their acceptance of confidentiality of content and the terms of agreement when accessing the file. And all it costs is around £5 per transmission for peace of mind. ACID members benefit from a reduced price of £3.50 per transmission. ACID ambassador and designer Sebastian Conran, commented: “An unintended consequence of digital technology is the dissemination and theft of identities, ideas and designs. Proving ownership of IP is the foundation of protecting it; and the ACID IP Tracker provides unequivocal evidence for files in digital transit - simply, efficiently and effectively.” When IP is translated into tradable knowledge it has a commercial value and needs to be protected. In the UK the majority of IP rights are unregistered (copyright and unregistered design rights). ACID IP Tracker does not add to those automatic rights but using it to send confidential IP based information to third parties will provide third party evidential proof of receipt in the same way as the ACID Design Data Bank, which holds 350,000 copies of designs. Not only will the IP Tracker be another deterrent against copying, it will be a positive vehicle for safer creative collaboration to maximise return on original investment and to bring IP to market successfully and more safely. Visit www.acidtrading.eu.com/acid-iptracker to find out more. Deter Most micro and small to medium-sized enterprises cannot afford to go to court over IP infringement, so the most important element of IP protection is as a deterrent and preventative strategy, particularly when sending sensitive information to a third party. Importantly, providing receipted evidence of sending reverses the burden of proof and makes it easier to take legal action for those whose rights have been infringed.
“If you don’t want to be copied, say so! Nowhere is there a more effective conduit for stating your IP policy than on your website and marketing material.” Survive ACID’S objective is to ensure that every designer/manufacturer within the giftware sector understands the value of their IP rights, has the support to put an effective IP armoury in place in order to fight plagiarists, while having access to effective resolutions through mediation. The year ahead will not be without challenge, so for those who need a survival strategy – remember to: • Have a design audit trail for unregistered designs; • Register designs officially if at all possible (www.ipo.gov.uk www.oami. europa.eu); and • Use the ACID logo (if you are a current member) together with an accompanying IP policy statement for maximum effect. If you don’t want to be copied, say so! Nowhere is there a more effective conduit for stating your IP policy than on your website and marketing material. g Further information Visit the ACID website www.acid.uk.com �� Exhibiting at Autumn Fair and Top Drawer NO MINIMUM ORDERS tel: (01425) 461594 e: cooltradewinds@yahoo.co.uk www.cooltradewinds.co.uk (Please contact us for password)
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Issue 66 July/August 2011 www.giftf
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The success story continues ��
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industry news Catch up on all the l
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industry news industry news Daydrea
Page 11 and 12: Inspiration Formland Inspiration is
Page 14 and 15: We take a snapshot of some of the l
Page 16: and spanking new We take a snapshot
Page 19 and 20: Dexam International Hype Assosciate
Page 21 and 22: est in glass Glassware covers a who
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Page 25 and 26: multichannel retailing today The fi
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Page 29: At Christmas SIA always sparkles an
Page 32 and 33: now or never What do you consider t
Page 34: A customer is only a customer once
Page 37 and 38: Shared Earth is introducing some fu
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Page 42 and 43: New from Enesco, Little Stars is a
Page 44 and 45: TS Homeware supply items such as St
Page 46 and 47: most wanted Namaste offers an exten
Page 49 and 50: Pins and Ribbons is an award-winnin
Page 51 and 52: Autumn Fair 4th to 7th September 20
Page 54 and 55: summer sourcing For five days in Au
Page 57 and 58: � � kitchen aid Everyone loves
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Page 61: Charles Churchman +44 (0)2032 876 5
Page 68 and 69: PETS ROCK THIS SUMMER Takkoda’s a
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Page 74: all the answers well. If you have a
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Page 84: After half a century Home & Gift, H
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Page 90 and 91: 90 giftfocus JJ Vaillant Hall A, St
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Stone Bags Design Point 1, Stand 51
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Lanka Kade Design Point 1, Stand 12
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118 giftfocus CarrieMe Design Point
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Takkoda Design Point 2, Stand 1A Te
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No doubt you are familiar with the
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INTRO NORTH Hall E Charlotte Macey
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Joe Davies’ Equilibrium range of
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Midhaven Hall C, Stand 37 Tel: +44
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Established in 1997, Linda Macdonal
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managing your reputation Nick McAle
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