For designers, your creations are your livelihood. But in a world where copying is easier than ever, how do you protect your hard work? Enter intellectual property (IP). By understanding the basics of IP rights, you can safeguard your designs and stay one step ahead of potential infringers. Let’s dive into the four main types of IP and how they apply to designers.
1. Copyright
What is it?
Copyright automatically protects original works of authorship, such as illustrations, patterns, graphics, photographs, and written content, as well as certain types of 3D work, such as sculptures. It’s a right you don’t need to register in the UK – as long as your work is original (i.e. not copied from another work) and recorded (e.g., written, drawn, or saved digitally), it’s protected.
Example: A surface pattern designer creates an original floral motif for a wallpaper collection. The artwork is automatically protected by copyright, meaning others can’t reproduce or sell it without permission.
How ACID helps: By uploading your work to the ACID IP Databank, you can digitally time-stamp your creations, providing an added layer of proof in case of disputes about ownership or creation of works, as it carries more weight being recognised as independent 3rd party dated evidence.
2. Trade marks
What is it?
A trade mark protects names, logos, slogans, and other brand elements that distinguish your products or services. Unlike copyright, trademarks must be registered against the relevant goods or services to give you exclusive rights.
Example: A jewellery designer trade marks their brand’s name and logo for jewellery and related products. This ensures no one else can legally use identical branding for the same goods, protecting their identity. It can also prevent the use of similar brands for the same or similar goods if there’s a likelihood of confusion.
Pro tip: Registering a trade mark not only protects your name but can also enhance your business value. Think of it as safeguarding your brand’s reputation.
3. Patents
What is it?
Patents protect inventions or technical innovations. If your design involves a new way of doing something or a unique functionality, you could consider applying for a patent. Patents are more complex, involve a need to demonstrate overcoming a technical hurdle or solving a technical problem and require registration, including detailed technical documentation.
Example: An industrial designer creates an innovative chair with a folding mechanism unlike anything on the market. A patent ensures competitors can’t copy the mechanism for a set period, typically up to 20 years.
Important note: Not all designs qualify for patents, but if your work involves technical or functional innovation, it’s worth exploring.
How ACID helps: We have dedicated legal affiliates who can let you know whether you should or shouldn’t try to patent a design. They can also help you with the registration process, as it can be notoriously complicated.
4. Design Rights
What is it?
Design rights protect different aspects of the appearance of a product, including its shape, configuration, pattern, materials and decoration. In the UK, there are automatic design rights (unregistered) and registered design rights.
Example: A furniture designer creates a minimalist chair with a distinct silhouette. The design is automatically protected, but registering the design with the UK Intellectual Property Office gives stronger, longer-lasting protection.
Why register? Registered design rights provide, proof of ownership and are easier to enforce. Unregistered rights may require more effort to prove in cases of infringement, especially around the creation and ownership, and are more complex to navigate because different rights protect different aspects of a design.
How ACID helps: ACID membership offers access to expert guidance on registering designs and provides support in case of disputes. As many designers only rely on unregistered design rights, ACID can support your evidence with the ACID IP Databank submissions.
Pro tip: Care should be taken when registering designs because the images or drawings which you file will define the scope of your legal rights. Unregistered design rights can still be valuable as a gap-filler and you should therefore make sure that you have secured your unregistered design rights before filing any registered design application.
5. Trade Secrets
Trade Secrets are exactly as they sound. They are the recipe, formula, know-how or technique that you use to create your designs in your own unique way. Trade secrets often underpin an entire business model. If you don’t want someone else to copy the way you create something, keep your method a secret!
How ACID can help: We have many discounted legal agreements which can ensure anyone you work with on your designs has to keep your trade secrets a secret, for example, with Non-disclosure Agreements (NDA). This will ensure that employees or manufacturers must not share your secret processes and valuable commercial know-how with any other parties.
Why Protecting Your Designs Matters
Every creation is an asset, which is vulnerable to copying, which can harm your reputation and financial growth. While this risk can never be mitigated, understanding and leveraging IP rights is essential for securing your creative future.
How ACID Supports Designers
Anti Copying in Design (ACID) is here to help designers like you navigate the complexities of IP. As an ACID member, you gain access to:
- The ACID IP Databank to store and time-stamp your designs.
- Use of the ACID logo for deterrence
- Legal support from IP specialists.
- Educational resources to empower you with knowledge.
- Networking opportunities with like-minded creatives.
- Discounted legal agreements
- Support at major UK trade shows
- IP Strategy Reviews
- Promotion of your creative business
- Campaigning on yours and all designers behalf
- Opportunities to influence policymakers and the law
Don’t leave your designs unprotected. Join ACID today and take control of your IP.
Ready to protect your designs? Explore ACID memberships and safeguard your creative work from copying and infringement.
Find out more about registering designs with the Intellectual Property Office (IPO).
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 us in promoting a culture of respect for intellectual property and protecting the rights of creatives by signing the ACID IP Charter for free today.