56 For designers in the giftware sector, creativity is your currency. But in a world where copying is easier than ever, protecting your intellectual property (IP) is essential. Our IP focus in this edition is a refresher breakdown of key IP rights and how they help safeguard your designs. The suite of IP rights which most designers rely on include copyright which protects 2D or artistic works; for trade marks, think about your name, logo or brand, whilst design rights affect the look and aesthetics of a 3D product. Less so in the giftware sector, designers can also rely on patents which are for inventions and technical innovation. Trade secrets are really important, the jewel in the crown of most businesses. Consider the importance of your particular skills, know-how, technical aspects, and data lists, for example. Trade secrets are confidential business information that provides a competitive advantage, protected by IP rights, and require reasonable efforts to maintain their secrecy. Did you know that only a handful of people in the world know the Coca Cola recipe? It’s one of the most famous trade secrets. Essentials in your IP armoury Copyright automatically covers 2D original works, such as illustrations, patterns, graphics, music, and typeface. In the UK, copyright arises automatically and does not require formal registration. So, if your work is original and recorded (e.g., drawn, signed, and dated or saved digitally), it’s protected by copyright. The jewel in the crown Dids Macdonald and Faith Capstick look at protecting innovation for giftware designers Case Study If a designer created a unique floral motif for wrapping paper and it is an original work, copyright ensures others can’t reproduce or sell it without permission. It’s therefore important to keep vital records as evidence of the audit trail at different stages of the design process. For example, signed, dated or digital records can be recorded and kept safely, lodged with your solicitor or uploaded onto an IP databank, such as ACID’s. What’s in a name? A lot in fact. Trade marks protect names, logos, and brand elements that distinguish your products from competitors. Unlike copyright, they must be registered to provide exclusive rights. Looking at design right, this protects the appearance of a product. To be eligible for registration, a design must be new and possess individual character. In legal terms, ‘a design must be novel and create a different overall impression on the informed user’. Registered designs protect shape, contours, surface decoration, colours, lines, textures, and materials. In the UK there are registered (25 years, renewable every 5 years), unregistered (10-15 years depending on when it is first published), and a fairly new supplementary design right which lasts for three years and was introduced post Brexit to ensure that UK designers didn’t lose out. Case Study So if you make candles, for example, you can set yourself apart from the competition by your distinctiveness. Applying to register your brand name, logo, or slogan is relatively simple and affordable. Case Study If a giftware designer creates a Christmas tree decoration with a distinctive design, the design is automatically protected by unregistered design. However, there is an option to register the design which gives stronger, longer-lasting official protection, and you have a numbered certificate to prove you own the design.
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