From the Newsdesk

IP is a Business Matter, not Just a Legal Issue

Dids Macdonald OBE, ACID’s co-founder and Nick Kounoupias, ACID’s Chief Counsel were invited to take part recently in the Lord Mayor’s Knowledge Miles Series “connect to prosper”

Below is a summary of the lecture and a full version can be read here and the presentation here.

To watch the online seminar, please see here.

Intellectual property (IP) is a crucial business asset, driving innovation, growth, and providing competitive advantage. Protecting original ideas through IP encourages investment in research and development, transforming creativity into marketable products. The design industry, for instance, contributes nearly £100 billion to the UK economy. However, IP infringement, or “theft,” can threaten small businesses, as seen when a large US retailer attempted to copy a design created by my company, Holbein, a small, niche company producing decorative accessories. They threatened to stock the design in 11000 stores globally. Rather than pursuing a costly legal battle which they could ill afford, Dids adopted a creative strategy to stop them in their tracks. Co-founding Anti Copying in Design (ACID), the founding pillars are education, deterrence, and support to combat IP theft and foster business success. Together with campaigning for much needed design & IP law reform ACID has a powerful community.

For 25 years, Anti Copying in Design (ACID) has promoted intellectual property (IP) as a key driver of business growth. Through workshops and IP clinics, they educate young industry professionals on the importance of IP in protecting brand identity and fostering innovation. ACID’s dispute resolution service helps businesses protect designs from copycats, especially at exhibitions. Despite progress, ACID advocates for legal reforms to make design law more accessible. They emphasise that IP isn’t just a legal matter but a strategic asset for both small and large businesses, enabling competitive advantage, innovation, and long-term growth.

Nick further emphasised that Intellectual property (IP) is a business issue, not merely a legal one. While lawyers may view IP protection as their domain, its absence can be existential for a business. IP encompasses intangible creations of the mind, including designs, inventions, and artistic works, which are critical to business success. Laws like copyright, trademarks, patents, and design rights protect these creations, enabling industries such as music, film, and fashion to thrive. Although legal protection is vital, IP ultimately drives creativity, innovation, and economic growth. Therefore, IP rights should be seen as business assets rather than purely legal safeguards.

Patent laws provide crucial protection for industries like pharmaceuticals and chemicals, granting 20-year monopolies that incentivize investment in R&D. Trademark laws safeguard brand identity, offering perpetual protection for logos and names, while design laws protect creators, though their fragmented nature weakens enforcement. While creators like songwriters may continue to create without legal protection, businesses would not invest in their works without secure IP rights. Legal disparities, especially in design, highlight an unfair imbalance, with some sectors enjoying robust protection while others, like the design industry, struggle. ACID advocates for stronger design laws to protect UK-based designers, who are essential to the economy.

Despite the importance of IP, many businesses undervalue it. Unregistered rights, like copyright and unregistered designs, often go unnoticed, leading to missed financial opportunities. Only 8% of UK businesses have had their IP valued, which could enhance business operations and secure funding. ACID’s Intellectual Property Strategic Review (IPSR) helps businesses manage and protect their IP assets. IP enables creativity and innovation, making it vital for business success, but without designers and creators, the laws would be meaningless. Thus, IP is not just a legal framework but a vital driver of business growth and innovation.

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