57 ACID To find out more, visit www.acid.uk.com Many ask, why register a design? Registered design rights provide formal proof of ownership whereas unregistered design rights may require more effort to prove copying in cases of infringement. This is especially important around creation and ownership, and are more complex to navigate because different rights protect different aspects of a design. So, good business practice when registering your design, is to ensure that what you submit in images and drawings are accurate because that is what you have to rely on if they are infringed. Trade Secrets can keep your process confidential and can give you protection on techniques such as formula or manufacturing methods which are unique to your business. Unlike other IP rights, they must be actively protected through secrecy or confidentiality agreements if you’re working with others, such as manufacturers. Case Study Imagine you’re make soaps and develop a special blending technique. By keeping the method secret and using NonDisclose Agreements (NDAs) with manufacturers, they prevent competitors from copying it. Using legal agreements like NDAs to safeguard confidential information is an easy way of keeping your trade secrets. Not often relied upon within the giftware sector, patents are a strong IP right and protect inventions and technical innovations. If your design includes a unique functional aspect or a new way of doing something, a patent may be an option. However, patents require a formal application and must meet strict criteria. Case Study If a designer invented a self-extinguishing candle holder with a unique mechanism, a patent would ensure competitors can’t copy the functional and inventive aspect for up to 20 years. Few designs qualify for patents, but if yours involves a novel technical feature, consult an IP expert to explore your options. A watchpoint is NEVER disclose your invention unless it is to a legal expert who will help you. Why? Because publication can make your patent application invalid. Support, self-help tools When Anti Copying in Design (ACID) was first founded, our pillars were education and awareness, prevention, and deterrence against the copycat culture and support to help businesses grow in safety using their IP as a positive force. Today, they remain the same. We have developed a raft of benefits and tools of self-help to support designers in many sub-sectors of design. Campaigning, too, is a key part of our DNA. Currently a hot topic is AI and IP and in the next issue we will be examining risks and opportunities and highlighting the ongoing Make if Fair campaign. Are you a designer, artist, maker, or business owner? Or an individual or organisation that promotes IP as a positive force for change? Are you passionate about promoting and protecting IP rights? If yes, then join our community in promoting a culture of respect for IP and protecting the rights of creatives by signing the free ACID IP Charter today.
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