At a high-profile meeting The Rt. Hon Amanda Solloway, MP., heard from some of the UK’s major IP stakeholders representing the digital, brands, trade marks and design sectors. The subjects spanned the importance of intellectual property post C19; ensuring when EU transition period ends on Dec 31 UK designers do not lose Unregistered Community design protection in EU27 and making absolutely sure that IP and our rights are not eroded in any way in forthcoming new trade deals.
Coinciding with the launch of the Intellectual Property Office’s launch of the 2020/2021 Corporate Plan, Tim Moss CBE., CEO of the IPO said, “Our main priorities will be to:
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In response, ACID’s CEO Dids Macdonald, OBE., said, she spoke for many around the table to say “I do hope that the “enforcement strategy” remains high on the IPO’s priority as this is one of the foremost interests for IP creators – access to cost & time effective redress for IP theft”
Dids continued, “With the magnitude of C19 also come solutions within new science, research and innovation, consistently finding answers to unprecedented problems. And quickly.
Design & manufacturing UK has nimbly risen to this challenge by reinventing their manufacturing processes to deliver answers. Many of these companies are micro and SME, all creating new intellectual property.
The downside, inevitably, presents a fantastic opportunity for those who seek the fast track to market by copying & counterfeiting to seize the moment. And this is already happening.
Also, as we now, Retail UK is on its knees, again seeking the fast track to a diminishing market and recently major retailer Swoon was caught out exploiting a lone freelancer by stealing her design.
Another, a global retailer with a significant UK presence, worth £258 billion, have been flagrantly copying on one our best and innovative young fashion designers.
The Government is married to the mantra that we have the best IP framework in the world, which is probably true, but this is a legal index provided by lawyers, Taylor Wessing.
The reality is that legal redress through our IP system is cost & time prohibitive for SMEs and the luxury of the rich. Basically, it is too complex and too expensive.
The mantra for copyists is
In both these two case studies – one sought justice through social media and succeeded and the other is now contemplating it, having exhausted the paucity of her funds to fight a behemoth. This is their only alternative because there is little deterrence against copying.
Unlike other infringement in copyright and trade mark theft, they have the luxury of the ultimate criminal sanction as a deterrent, for most of the UK’s 1.69 million involved in design & design skills, they do not.
As we row our own boat on Jan 1, 2021, unless an agreement is brokered by the UK with the EU the majority of our designers will lose EU27 IP protection for unregistered C design rights currently available which would be a further calamity.”
Dids concluded by saying, “With science, innovation and R & D galloping at an exciting and much needed pace, and as we emerge to get the country back on its feet, it’s about time that the intellectual property underpinning this country’s most valuable asset has a place at the top table in Number 10.”
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