76 Whilst online product launches are effective there’s nothing like showcasing your new designs or new product ranges at an exhibition and meeting and chatting to prospective buyers. So, if you’re thinking about exhibiting your new designs, putting a safety net around them by creating a proactive intellectual property (IP) strategy, to help to mitigate the risk of them being copied, is a must. All new designs that have a novel or distinctive aspect and which are your own original work are capable of being protected by IP rights. Following some simple, practical guidelines can help you feel more confident and ensure that you maximise new design buying potential from a position of strength and safety against the inevitable copycats. 1. IP? Cross all your t’s and dot every i. If costs permit, make sure you register your designs as comprehensively as possible prior to the exhibition. The downside is that UK registration authorities do not examine your registrations, so what you submit is what you must rely on. Alternatively, if you choose not to register them officially and rely on unregistered rights, ACID membership will give you access to a free IP Databank. This doesn’t add to your design rights but gives independent evidence of your designs existence on the date they are received. So, for example you can lodge all the stages of a design’s development from idea to marketplace, vital evidence if you are unlucky enough to be copied. 2. If you don’t want to be copied, say so! There’s no more powerful message on your website/marketing material. Something along the lines of, “All the intellectual property in our designs belongs to (your name). Any infringements will be pursued seriously.” 3. Sign and date all your work! Simple, but when it comes to proving your design ownership, an audit trail of the detailed journey from concept to final design is compelling! Most ACID cases have settled based on strong evidence to support unregistered designs. Make sure that this information is to hand. 4. Become IP savvy! Know the IP laws that protect you, watch the competition. What’s in a name? Trademark your brand name if you can! The more you build up your reputation either under your own name or one that you trade under, the stronger protection you have. 5. If you have not done so previously, consider registering your trademarks/designs. More information can be found at www.ipo.gov.uk. It’s easier to take legal action if you have registered rights. 6. Have a no photography policy. Don’t allow anyone to take photos without your permission and always make sure that you take a business card or use a data pen and save contact details of every visitor to your stand. You may need this information in the future to prove they had access to your products. 7. Photograph your exhibition stand: Take detailed photographs of your exhibition stand and products. Time-stamped images can provide proof that you exhibited your designs on a specific date. New designs can be photographed very quickly and copied immediately. 8. Publications and press releases: Publicise your designs through press releases and industry publications. This establishes a public record of your design’s originality and the date it was first shown. 9. Limit exposure: Avoid displaying critical details or complete designs if unnecessary. Use partial displays or mock-ups to reduce the risk of full copying. 10. Seek legal advice: If you are at an ACID Accredited Exhibition you can access free, specialist IP advice from one of ACID’s Legal Affiliates or, if you are unlucky enough to be copied, they can advise you how to act quickly and effectively. Above all, in conversations with would be purchasers of your new designs, talk about the creativity, skill and sweat equity you have invested in your product range and be proud and assertive about the IP you have created. IP is a property right and, as such, others cannot use it without your permission. By implementing these low cost and practical tips, this can help safeguard your designs and reduce the risk of IP infringement at exhibitions. Exhibition protection ACID CEO Dids Macdonald looks at design protection at exhibitions and how to be prepared To find out more, visit www.acid.uk.com
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