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Know your Rights

Protection of products against copying is an increasing concern facing exporters, says Dids Macdonald

In a global market place, laws on copying vary considerably between countries. Intellectual property rights education is a key strength for IP owners, as knowledge and understanding contribute to prevention and deterrence. Flagging up intellectual property protection, from concept to market place, allows product a better chance to reach its full revenue potential.

Key questions for exporters
Do I have documentation to prove that I own the rights to my designs?
If you rely on unregistered UK or EU community unregistered design rights, ensure you have signed, dated and detailed evidence of whom created the designs. In the UK, unregistered design rights last for 10 years from the end of the year of first marketing, EU unregistered design rights last for three years. If you have UK or EU registered designs, display the reference number in a prominent place on all your product and marketing literature. Recent improvements make registration easier in the EU - one application will cover 15 member states for 25 years. This gives you a certificate saying that you own a particular design. It is a monopoly right and you dont have to prove copying. Communicating your registered protection on all your product literature can have a significant deterrent factor.

Do I know the law of the country I am exporting to? Have I registered my trade mark?
Investment in protecting your trade mark is a small price to pay for protecting a brand name for which you are known. It often takes years to build up a reputation under a recognised name - ensure you safeguard the brand value by registering your trade mark. Check on the WIPO, UK Patent Office and OHIM sites www.wipo.org, www.patent.gov.uk and www.oami.eu.int for contact details of IP law in those countries - be aware in some areas of the world there is minimal IP protection for example the Far East.

Do I have healthy agreements with Manufacturers, Agents, Distributors and Licensees?

If not, invest in reusable precedent agreements that will stand up to legal challenge. Ensure there is a clause stating the agreement is governed by UK law.

Will I be sending prototypes or sampling to a prospective customer?

Always make sure you have signed a confidentiality or intellectual property agreement. (ACID has a special licence tape for this purpose)

At the Exhibition Venue
Display a "No Photography" sign - do not allow photography without your express permission. Beware of trade visitors who have mobile phones with digital cameras - you are quite entitled to ask the exhibition organiser to delete photographs taken of your stand or products that you have not given your express permission to photograph. Do not give literature without a bona fide business card. Always make a note of the date, time and exhibition where you receive a business card. Should an infringement occur in the future this can provide vital evidence of an interest having been made in your product range and evidence if product literature has been given. Beware of organisations that appear to be legitimately putting your company's name on an international database, without reading the small print.

The Internet
While the Internet is a valuable marketing tool, it can be vulnerable for copyists to cherry-pick new product anonymously. Encourage controlled access, this can also be used as a positive marketing tool - reinforce the importance of your IPR (intellectual property rights) by including a simple copyright statement. ACID members use a suggested statement (sending a warning shot to copyists) hyperlinked to the ACID website (www.acid.uk.com). All copyright, design rights and intellectual property rights existing in our designs and products and in the images, text and design of this website are and will remain the property of (Company name/Your name). Any infringement of these rights will be pursued vigorously. This can also be adapted to use on all your marketing material. If you are putting design images on the website make it as difficult as possible to download, many designers and manufacturers are beginning to use outline sketches rather than fully detailed images.

September/October 2010
issue 61
available now