Intellectual Property: what is it?
Intellectual Property (IP) is the result of the ideas and inspiration you have that you convert into something tangible, like a painting, music, a chair, or a tool for manufacturing a product.
Isn’t there more to it than that? Yes, and some of it sounds really complicated and expensive So, before panic sets in, let's get informed - it is the best thing you can do, and it won't cost you a penny.
I am a furniture designer/maker, not a trained lawyer at all, so all of this was new to me too. Some of the things I'd read made me think I would need all sorts of expensive legal protections for my ideas and products. That won't necessarily be true, let me share what I found out with you.
Copyright ©
Most of us know what copyright is, vaguely, something to do with books and music, but it is more. Copyright is an automatic right, so it doesn't need registered, and it covers:
Literary: written items like books, eBooks, and instruction manuals
Dramatic: acting and choreography
Musical: lyrics, composition, and sound recording
Artistic: paintings, photographs and works of artistic craftsmanship
Typographical arrangements of published editions: a new edition of an existing book, play or music
Sound recordings: songs, talking, other sounds recorded electronically, on tape or CD
Film: movies and documentaries
Computer programs or code (they have their own special section).
Design right
This right can be registered or unregistered and covers the visual appearance of a product, all or part, including lines, contours, shapes, textures, and the material the product is made from.
Trademarks ™ ®
A trademark is any graphically represented sign which distinguishes the goods and services of one business from those of another and can be registered or unregistered.
A patent is used to protect new and inventive products, systems, or processes, it is about how something is made or works, and it should be better, cheaper, or different from things that have gone before. For example, a new component, industrial process, or new equipment for that process.
Patents are not relevant to my business, so I’ll leave it here, however there is a link in ‘Patents’ above if you want to know more.
So, what is good and bad about it?
Copyright -
Design Right -
Trademarks -
How do you decide what's right for you?
I'm a start-up so I haven't much money, I kept this in mind when deciding what would be best for me.
I am designing bespoke furniture in the UK so will I need to use a patent? I don't think so, chairs and other furniture are notoriously difficult to make different or innovative enough to warrant one.
I create designs so should I be protecting them? Yes, I will automatically get unregistered design rights in the UK and because the designs are bespoke, I won’t register unless there's something in the future that I plan to make lots of.
I have my own logo which I use to identify my business, should I register it as a Trademark? I think as the business grows it would be a wise move, meantime I can use the logo without registration.
I plan to use social media to promote my business so am aware that infringement of my copyright may be an issue, but also infringing other's rights through using photos, music, and video clips.
Sensible (mostly) free precautions
What protection is there for free?
Use the copyright sign © on your documents, or a watermark on your photos, sign and date them this will let people know you know your rights and will protect them.
© Rachel Archibald 2021
Use the Trademark sign ™ to show you are using your logo as a trademark. Don’t use the ® sign unless your Trademark is registered.
Keep any innovations you are working on under wraps or use a Non-Disclosure Agreement (NDA) if you are working in partnership with others.
Getting your designs on social media can prove existence as posts and transactions are dated.
Social Media
The content you produce for your website, and social networks are protected by copyright as long as it's original and belongs to you. Dealing with an infringement is difficult, each platform seems to have its own rules and forms for reporting. HarperJames has a table explaining this, it's very helpful. You might not think you are online enough to worry, but it's worth knowing about, especially if you are very active and maybe have your own youtube
channel! Some organisations help their members like ACID
Don't forget, when sharing or using other people's work you may be infringing their rights, get permission.
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