Download Issue 74 Low-resolution - Gift Focus magazine
Download Issue 74 Low-resolution - Gift Focus magazine
Download Issue 74 Low-resolution - Gift Focus magazine
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Is the ACID Design Databank an important resource if I am relying on<br />
unregistered design rights?<br />
It’s well known that many designers/creatives have relied on sending<br />
a copy of their designs in a registered envelope to themselves to<br />
‘copyright their product’. In reality, all this actually does is create a post<br />
mark on an envelope giving the date upon which the letter or envelope<br />
was sent. The creation date clearly must have been before that time, so<br />
this method is unreliable in support of an unregistered right.<br />
The ACID Design Databank evidences an unregistered right with<br />
the added advantage that the date on the document submission was<br />
verified and received by an independent third party.<br />
If necessary, ACID is able to provide written statements that the<br />
document submission was received on a particular date if the date is<br />
ever challenged in court. ACID has provided statements on behalf of<br />
some members in the past and they have been accepted as evidence by<br />
the court; further highlighting the benefits of using this free service.<br />
It’s often very difficult for copyists to create a compelling audit trail<br />
showing how a design developed from the seed of an idea to the<br />
marketplace; the ACID Design Databank is a free resource for ACID<br />
members to help them do just this.<br />
How to use the ACID Design Databank<br />
Niall Head-Rapson, Head of the IP team at ACID accredited law<br />
firm McDaniel & Co, commented: “The Design Databank is a free<br />
service provided by ACID but it is not the same as registering<br />
designs with the relevant authorities (UK IPO/OHIM), nor does<br />
it act as a substitution for design registration with any of these<br />
governing bodies.<br />
When ACID members submit designs to the ACID Design<br />
Databank, they either sign a form (for postal/email submissions)<br />
or acknowledge terms & conditions (via the website submission<br />
service), which note<br />
the awareness of the<br />
differences between<br />
an official registration<br />
and unregistered rights.<br />
Despite members<br />
acknowledging this<br />
by signing/digitally<br />
accepting the<br />
information, there<br />
are clearly still some<br />
misconceptions, which<br />
need clarification.” g<br />
Further information<br />
Visit the ACID website www.acid.uk.com
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