Today is Halloween, the spookiest day of the year, when our thoughts tend to turn to the dead and other horrors. It’s the perfect time of year, then, to discuss a fear all of us surely have: taphophobia – the fear of being buried alive. 

Putting aside the very remote possibility of falling afoul of a drugs cartel (your line of work depending), someone could be buried alive accidently if they are mistakenly presumed dead. This is not as farfetched as you may think, and a quick google search will return some very worrying news stories on the subject. 

Being accidently buried alive was probably far more likely before the advent of much of the medical technology doctors employ today, which may explain the abundance of 19th century patents on the subject in our collection. Below are a few of our favourites. 

US 81,437 of 1868 – Improved burial-case 

This patent is for a coffin with a detachable vertical tube, which, while attached, creates a means of escape for any poor occupant not quite ready for the grave. Air inlets allow anyone alive inside the coffin to breathe freely and a sliding glass lid allows those above ground to check for movement. 

If the occupant is too weak to ascend the ladder, they can ring a bell for attention using the cord placed in their hand during burial.  

If, after a certain length of time, it is clear the occupant of the coffin is indeed dead, then the tube can be removed (closing the spring-loaded lid of the coffin) and used in another burial. 

 

US of 329,495 of 1885 – Burial-casket  

This invention consists of two removable pieces of apparatus (an air pump and an alarm system), which are connected to a coffin buried under ground. Both are activated when a wire attached to the occupant’s hand detects movement, flooding the coffin with air and alerting those above ground to come rescue this poor soul pronto. 

The tube of the alarm apparatus also doubles as a way to view the face of the body within the coffin, by means of a lightbulb and a reflector. 

Again, when death is more certain, the above ground apparatus can be removed and used in another burial.

 

US 500,013 of 1893 – Coffin signal 

                               

This invention is intended to alert those above ground that someone is still alive inside a coffin, but it feels a little too easy to miss. But we’re skipping ahead. Mechanisms are placed on the body, hands, and head of the coffin's occupant, and are designed to detect the slightest movement. If movement is detected, a spring-loaded device will raise a signal above the coffin. Looking at the patent illustration, this appears to be a mop. Luckily, this also opens a passageway for air to enter the coffin, as it could be some time before someone happens to walk by. 

 

GB 4,626 of 1896 – Preserving dead bodies from decaying  

No picture for this one (and preventing premature burial is only a side benefit), but it is one of our favourite British patent specifications, that just so happens to be perfect for Halloween, with lines such as: 

 'In fact it will lessen the horror of dying in knowing that when we die our bodies will be preserved and not be a meal for worms, insects, rats, mice and the like. Spirit will also revive the seeming dead.' 

 Anyway, one for the pickling fans out there. 

US 658,247 of 1900 – Apparatus for preventing premature burial 

This invention is unlike the others, as it’s designed to be used pre-burial. 

It’s quite an ambitious patent really, as it describes an ‘observation chamber’ with tracks on the floor (for ease of movement of the coffins) and side rooms for a furnace and an air pump. 

In the centre of the main room sit several airtight ‘observation receptacles’ (complete with glass tops), into which the coffins are wheeled (also complete with glass tops). An air and exhaust pipe ensure a steady flow of fresh air to the potentially still alive occupant. The exhaust pipe leads to the furnace, meaning any ‘obnoxious or infectious gases’ are drawn off and burnt. 

As in other patents, an alarm system is placed inside the coffin to detect any movement. Then it’s a case of waiting. Either for the occupant waking up, or for a clearer confirmation of death. In which case the body can be buried safely. 

 

Bonus patent: US 208,672 of 1878 – Improvement in coffin-torpedoes 

This invention is slightly off topic, but it’s being included as a bonus as it is on the theme of burial and, quite frankly, sounds bonkers. The torpedo (stay with me) is placed inside a coffin prior to burial and is designed to go off if anyone attempts to remove the body – severely injuring or killing the grave robber. Good luck with that one future archaeologists! 

It would probably also be useful for those worried about zombie resurrections as well. 

Happy Halloween! Hopefully no one reading this will wake up wishing you had one of these someday. 

 

 If you want to find out more about how the different kinds of IP can benefit your business, you can sign up to our online webinars or attend our Kickstart Your Business workshops. 

Written by Steven Campion, Subject Librarian at the British Library

Secret spells and hidden brews, tricks of the trade make treats anew. Who would have thought IP (intellectual property) could be so magical?

One type of IP is more unknown and mysterious than all the others. Its hiddenness makes it special and used in the right way can be just as powerful. It’s called a trade secret and is a type of IP protection that can be pure business alchemy.

 

What is a trade secret?

 

In a nutshell, a trade secret is confidential business information that has value. Or, to put it another way, anything secret you’ve created that you wouldn’t want to lose to a competitor! It could be something like a hidden process, recipe or even an algorithm that powers the performance of a programme. This is also known as proprietary information.

Trade secrets are different from patents in many ways, although both need to be kept confidential (for patents until the patent application is eventually filed).

 

Nearly every businesses will have some kind of commercially sensitive information, so being aware of that and understanding its value can be an important first step to protecting it. A trade secret is the thing that could really provide you with a competitive edge.

In the UK, trade secrets come under two types of law; the common law of confidentiality and information that by definition falls under the Trade Secrets (Enforcement, etc.) Regulations 2018.

Common law confidentiality arises when ‘information with the necessary quality of confidence is imparted in a situation imposing an obligation of confidence’.

You can see them both as mutually complementary with some overlap. Both aspects carry a strength, just like a two-headed hydra. Think of a witch’s brew, filled with spooky secrets and bubbling with powerful potential.

 

What are some famous trade secrets?

 

There are so many trade secrets concealed around the world, but some are more famous than others.

Does anyone really know the secret formula for Coca-Cola? Apparently not (although it hasn’t stopped other brands from trying to work it out). In the company’s own words, ‘the formula for making Coca-Cola is a trade secret. We have protected the special taste of Coca-Cola for more than 130 years. Only the Coca-Cola Company knows how to make Coca-Cola’.

The mystique behind the Coca-Cola formula is so famous, that the company has it locked away inside a vault on display in the Coca-Cola museum, Atlanta, USA.

 

 

Trade secrets are actually quite common in the food and drinks industry. Think of all those secret recipes handed down over generations. There is hidden knowledge to making the perfect chocolate brownie, malt whiskey or even a colonel’s secret fried chicken recipe made from 11 herbs and spices. KFC’s original secret recipe is what they claim makes their chicken so ‘finger lickin' good’. For both of these brands, it is magical marketing in its messaging too.

However, what if your trade secret isn’t cooking, but computing? Yes, there are plenty of secrets in technology too, especially software. Search engines such as Google (parent company Alphabet) have built an entire business model on algorithms that effectively rank information for ease of finding.

The algorithm has been developed and refined over many years of testing and trading. Recent news of a leak of an AI related trade secret have sent the company into a tailspin resulting in a criminal case been filed. Part of a secret was out.

Any leak of a highly guarded secret can bring major consequences for any company and so protecting these secrets becomes paramount. Once the witch’s secret cat is out of the bag, it’s out. Therefore, businesses will do everything to protect their secrets with the legal equivalent of an ancient curse.

Woe will to any soul who breaks the secret seal on any trade secret! The curse will come through prosecution.

How to protect your trade secret

Which raises a pressing question, how does a company or individual protect themselves from having their secrets stolen?

The answer will depend on the circumstances, and professional legal help is always advisable. Generally the secret is best protected in-house by firstly limiting exposure to a set number of individual(s) on a need to know basis only. Therefore, every company should have a confidentiality process in place backed up in employment contracts.

 

Physical and electronic security is an absolute must, depending on how the secret is kept.

Furthermore, before any sharing of a secret to a third party it is highly advisable to protect it with a non-disclosure agreement.

Trade secrets are unregistered intellectual property rights. This simply means there is no register of them or requirement for application. This is unlike patents, designs and trade marks. Controlling access to the secret is through contracts based on the law of confidentiality and specific regulations covering trade secrets.

This in some circumstances can be an advantage over patents. A patent, although initially secret will eventually be published before it can be granted to the inventor. The quid pro quo is then a monopoly on the technology or technique for twenty years. If you want to look at alternative ways to protect your process, then exploring trade secrets as a viable alternative could be the way to go.

If you’d like to find out more about the magic combination of all the different types of IP, then our Introduction to Intellectual Property workshops and webinars will do the trick.

Spook your competition and keep your trade secrets close

Your trade secret is truly a magical thing that spooks your competition. It has all the mystique you need to creates an aura of mystery in your business and spellbind your customers. They will want to keep coming back for more, hooked on the power of your hidden magic.

So this Halloween, do not be scared to find and use your business’s secret spell. The treat is always in a secret trick.

 

To celebrate World Food Day we’re spotlighting some inspirational food businesses who have been supported by BIPCs around the UK. Do you need a nudge to start your business? Or have you started but feel like you need support? You are not alone. Here are some wise words of advice from people who have been there and done it before.

 

Test your ideas and refine them before going all in

 

 

"The advice I'd give to someone who wants to set up a food business would be to go for it! But remember, passion is key. You have to love what you’re doing, especially in the food industry, because it’s a lot of hard work. Get clear on your niche – whether it's a specific cuisine, style of cooking, or type of service (like catering, classes, or a product line).

 

Although passion is crucial, it needs to be paired with a solid business mindset. Start by understanding your market and see if there’s demand for what you’re offering. Be realistic about costs and pricing; passion alone won’t pay the bills! Also, start small – test your ideas and refine them before going all in. Don’t hesitate to ask for help, whether it’s from mentors, fellow entrepreneurs or organizations like the BIPC. Building a strong network can help you avoid common pitfalls and grow smarter. 

 

When I started my business journey I wish I had known how unpredictable things can be. I thought I had it all mapped out, but sometimes plans change and you just have to roll with it. It’s ok to pivot and adapt to what your customers want rather than sticking too rigidly to your original vision. I also underestimated how much time would spend on the ‘other’ side of the business – admin, marketing, social media etc... I wish had been kinder to myself in the beginning. Mistakes happen, and they’re all part of the learning process! 

 

The BIPC has been a game-changer for me.

 

Starting a business can feel overwhelming, especially when you don’t know where to begin. The BIPC offers tons of free resources, advice and workshops that are perfect for anyone starting out. They also helped me understand the legal side of things, like protecting my brand and intellectual property, which is super important. Plus, it’s a great place to connect with other entrepreneurs – you don’t feel like you’re going it alone. Honestly, if you’re starting a business, tapping into the BIPC is a no-brainer!"

 

- Suki Pantal, Founder of Suki's Curries and Spices

 

Advertisement is key

 

 

"My advice would be to speak to the environmental health team before your inspection. If you contact them directly and say you are a new business and would like to know all the ins and outs of what makes a good food business, they will certainly help you. I was lucky to have one of the inspectors come to our business when we were setting up and he told me exactly what I needed to do, along with the best and most affordable options. He helped us plan the best place for our sink and what we needed to watch out for.

 

Advertisement is key. If that be having a theme, all the way down to window design. We found that two years on many people didn’t know where we are but knew where the new shops are in town. So, we have invested more into our shop window, so people know exactly what we do and where we are.

 

At the start of my business journey I wish I'd have known that I didn’t need to buy everything new. I wish I had saved thousands buying more second-hand items for my shelving and units as I am stilling paying these off two years later. This would have also been so much better for the environment.

 

The BIPC has been amazing for me. They helped me set up my business and pointed me in the right direction to get it to grow. I wouldn’t be here today with my shop if it wasn’t for the BIPC."

 

- Laura Curling, Founder of Higham Refill

 

Research your product

 

 

"When setting up a food business you have to first of all research your product. Go to your local BIPC and use the resources there to look at food trends and what consumers are looking for. Look at your competitors and what their USP is. Does your product match trends?  If so, what also makes it different and stand out from your competitors? What is your USP? What is your brand about?

 

Contact and register with your local Environmental Health and Trading Standards and work out what it is you need to do in terms of food safety and labelling before you sell anything.

 

Next, work out the aims for your business and where you want to sell it. If retail is your goal make sure you are clear about what percentage the retailer needs from products, then go back and work out your prices. Take some time to test your product out at markets and events and see how sales and feedback goes. Then you can make tweaks accordingly.

 

Get good at social media, it can make a real difference to your sales. People like to get to know who is behind the brand. It is something that I constantly need to improve on!

 

At the start of my business journey I wish I knew the time it can take to get a product to market. Creating a product isn’t the hard part, it is the processes you go through to get that product to market that takes the time, so always allow much longer than you think! Also I wish I had had better business knowledge at the start of my journey in accounting, profit/loss, forecasting etc. I would recommend visiting your local BIPC and getting on as many courses that deal with the business side of things as soon as you can.

 

The support you can receive from the BIPC is amazing. From the free resources at the library, to free events, free consultations with experts and the opportunity to get funding, it really is a fantastic place for start-ups and established businesses. I have been so grateful for the support and people I have met through BIPC who are continuing to help me on my business journey."

 

- Vicky Armitage, Founder of Meraki Cacao

 

Have confidence in your ability and just do it

 

 

"My advice to anyone looking to start a food business would be to ensure you really are passionate about food, then the setting up a of food business where you can bring all the aspects of your food enjoyment together could be the icing on the cake!

 

There are also many non-food related issues to consider when setting up a food business, for example legislative requirements, food hygiene and business insurances. Are you working on your own or shall you employ staff? If so, how many full time or part time and subsequent training needs. Where are your suppliers based? What is your customer base? Spend some time on market research, know the market you are entering - competitors, price and location. 

 

Talk to people, lots of people and not necessarily within the food industry. You don’t have to do it all on your own, there are lots of organisations who can help. Stay positive. Make mistakes and learn from them.

 

Time management is key. Organise yourself to carry out all the business tasks or delegate where you can. It is very easy to let your business run your life and it can become all encompassing. Plan time away from your business, time for friends, family and time for you to recharge your batteries. This is easy to say, but not always easy to put into practice.

 

What is great for anyone setting up their own business that that the BIPC service is completely free. It is accessible online and in person. I live in Glasgow, my local BIPC is located in the Mitchell Library, so it's very handy for me to visit and see the service in action. I found out the range of services of offer and enjoyed the use of their free workspace. The staff are friendly, approachable and nothing is too much trouble.

 

I borrowed some business text books and arranged a one to one session which helped explain more about my business and for me to obtain a set of information tailored to my needs. Packed full of business information, BIPC is an invaluable resource with access to a variety of networks that can assist you. A very helpful and knowledgeable service."

 

- Kirsteen Oliver, Founder of Granny Beaton’s

 

If you're thinking about starting up but aren't sure where to begin, sign up for our free Kickstart Your Business programme that offers tailored, accessible workshops and webinars to help you on your business journey. Topics covered include financing your business, researching your market and protecting your business's intellectual property. Find out more here and sign up today!

We are proud to support a large community of businesses who put sustainability at the heart of what they do through our BIPC services, available in libraries around the UK. This Green Libraries Week we reached out to just a few of them, to find out their stories and gather tips on how you can take your first steps towards sustainability.

 

Start small but start now

"At Poppy Eco Hub we focus on sustainability because it’s essential to reduce environmental impact without compromising business performance or finances. Every business has a responsibility to do its part, and for us that starts with building quick, green websites.

 

The digital world, while often overlooked, contributes significantly to carbon emissions. Our goal is to change that by creating energy-efficient sites that reduce carbon output. Clients benefit not only from eco-friendly websites but also from faster load times and better SEO. By optimising everything from code to hosting, we ensure sustainability doesn’t come at the cost of speed or functionality. It’s about making choices that are good for the planet and great for business.

 

The Get Ready for Business Growth programme and other BIPC services have been instrumental in our journey. The Intellectual Property and Trade Mark workshops were invaluable in helping us protect our brand as we scaled and working with BIPC Northamptonshire has connected us with grants and resources that were vital for our growth. For any business just starting out, we highly recommend getting in touch with them. The advice, support and opportunities they offer can make a huge difference.

 

Our advice to any business working towards sustainability goals is simple: start small but start now. Sustainability doesn’t have to be overwhelming. Begin by identifying the areas of your business that have the most environmental impact, then find ways to reduce it. 

 

It’s also important to engage with experts and resources, like your local BIPC, to help you along the way. Sustainable changes not only benefit the planet but can also improve your business performance and appeal to a growing eco-conscious audience.

 

We recommend the following websites to help you on your journey:

 

Sustainable Web Manifesto – Pledge your commitment to digital sustainability, just like we have done.

Your Virtual Carbon Footprint – Data and statistics about global digital emissions.

Ecograder – How green is your website?

Website Carbon Calculator – Test your own website."

- Marie Cox and Daniel Lister, Poppy Eco Hub

Think long-term

"At Cyclehoop we ensure that our business focuses on climate and sustainability because we see it as a key responsibility in shaping a healthier and more resilient future for cities and communities. Congestion, pollution and carbon emissions pose serious health risks in urban areas, which can all mitigated by cycling.

 

We believe that providing secure, accessible cycle parking is a crucial part of encouraging this shift. We are aiming to reach Net Zero by 2050, aligning our efforts with global climate targets and ensuring that we are actively contributing to the solution. For us, sustainability is a long-term commitment to supporting greener cities, enhancing urban mobility, and ultimately making a tangible difference in the fight against climate change.

 

It’s great to have BIPC resources readily available in shaping the development of our carbon reduction plan and environmental policy, providing key information and frameworks that can help us refine our strategies.

 

Our advice to businesses seeking to improve their sustainability is to think long-term. Start by identifying where your environmental impact is most significant and focus on reducing emissions, waste or resource use in that area. Track your yearly progress and ensure transparency both internally and externally. Leveraging partnerships is crucial to discover more sustainable ways to do business. We also definitely recommend seeking out resources like BIPC, which can provide invaluable guidance and support for businesses aiming to build sustainability into their core strategies."

 

- Anthony Lau, Founder of Cyclehoop

 

Look for partners who can help you

 

 

"As a circular clothing company, the core of our business Verte is sustainability. I'm passionate about it because fashion is the third biggest contributor to carbon emissions (more than the shipping and aviation industries combined) which a lot of people aren't aware of. Once you look in to it and hear stats like that fact that a lorry's worth of used or unsold clothing is dumped in the Global South every second, I find it hard to believe you wouldn't become passionate about it. Verte is here to challenge that, encourage people to get more use out of their existing clothes and keep items in circulation for longer.

 

Sustainability is important to me because of the impact fashion is having on the planet, but also because it's only going to get worse as our consumption keeps picking up pace coupled with a growing population. Shopping is something that almost everyone does and there are very few options for ways to shop sustainably and in a nice environment. My mission is to help bring people together, build their confidence and create amazing experiences for people to shop pre-loved.

 

There is over 30 billion pounds worth of unworn clothing hanging in people's wardrobes, so I want to put it work! It's natural for us all to evolve our style, want new things, grow out of things but so much joy comes from feeling good about the clothes you wear that I want people to continue to experience this without feeling guilty or harming the planet any more.

 

The Get Ready for Business Growth programme has helped me drive the clarity I've been looking for in terms of messaging and direction for my business. It reignited my passion for what I was doing because I carved out time to step back and look at why I started the business in the first place. My mentor was brilliant and so helpful and I feel has moved me along in a way I couldn't have done alone.

 

My advice to those working towards their sustainable goals is to not give up, even though the money might be flowing in the wrong direction. There is a greater good you're working towards and if you don't try, we'll never get there. Look for partners who can help you because we can't do it all, and one of them just might be able to do the part you can't. It's ok to not be able to do everything and as the saying goes: 'we don't need a few people doing sustainability perfectly, we need millions of people doing it imperfectly'."

 

- Jessica Brunt, Founder of Verte

 

Do your research

"Sustainability is important really to us all. We don’t want ourselves or our children growing up in a world that is getting filled with rubbish so that future generations will have to make hard sacrifices for our selfishness. We all can make better choices, and Higham Refill allows anyone to do so.

 

The BIPC has been amazing for me. They helped me set up my business and pointed me in the right direction to get it to grow. They offered me a chance to win a grant to improve it further and make us more sustainable, and when I was stuck two years later they still offered me advice and help on how to change my business model.

 

I wouldn’t be here today with my shop if it wasn’t for the BIPC.

 

My advice for becoming more sustainable would be to research. There is nothing wrong with asking for advice and guidance, whether that be from your local BIPC or other businesses within your sector. You will often find that people will generally want to help and see you grow towards a more sustainable future. I would also advise to keep an eye out for any sustainability grants available. These help tremendously towards your business becoming more sustainable."

 

- Laura Curling, Founder of Higham Refill

 You can't do it alone

"Layrd Design are a young company that employs young designers and we feel that it is our responsibility to put the planet first and make as much of an impact as we can. We are also asked to meet ESG (environmental, social and governance) targets and show what impact our designs have on our client's carbon footprint.

 

Ensuring we are sustainable is important to us because we are aware that the construction/building industry has contributed a lot to global warming. See extract below:

 

'Buildings are currently responsible for 39% of global energy-related carbon emissions: 28% from operational emissions, from energy needed to heat, cool and power them, and the remaining 11% from materials and construction.' - World Green Building Council

 

We have the ability to change this for the better and it is our duty to do so. For example, 0ur flagship event Future Spaces was born to showcase sustainable and wellness-inspired design solutions to the design industry.

 

The Get Ready for Business Growth programme has allowed me to focus on the growth of our business, set further goals and grow as a team and company. Growing the business has allowed me as the founder to be more focused on sustainable solutions and ensure both Layrd and our projects are fully sustainable-focused.

 

The advice I would you give to businesses who are also working towards sustainability goals would be to keep pushing and being consistent with your aims. When we were first talking and pushing sustainable design our clients were more cost-focused and less interested. This has now completely changed and we're actually being engaged because of our sustainable focus. I would also say you can't do it alone, so look for supporters or suppliers in your network that can help drive the same messages as you."

- William Mayes, CEO and Founder of Layrd Design Ltd.

You can celebrate Green Libraries Week with our panel of small business owners that are pursuing their sustainability goals and get tips on how you can do this too at Start-Up Stars: Championing Green Businesses on Thursday 10 October. Get your free tickets here.

A night of inspiration and achievement 

At the Business & IP Centre (BIPC), we had the pleasure of hosting an awards ceremony to celebrate the incredible women finalists who participated in the National Women’s Enterprise Week (NWEW) Women’s Launch Lab incubator programme. The event was a highlight of National Women’s Enterprise Week, a celebration of women in entrepreneurship founded by entrepreneur Alison Cork MBE, a BIPC Ambassador, run in partnership with the BIPC. 

Meet the winners 

The two cash-prize winners of the programme were Beatrice Larkin (start-up winner) and Jenny Wordsworth (scale-up winner). Both women impressed the judges with their innovative ideas and dedication. We can’t wait to see what more they achieve in the future. 

Beatrice, who has used the BIPC said:  

“The Women's Launch Lab was an intensive brilliant few days filled with workshops and networking, and I met some brilliant, inspiring entrepreneurs on the course. I found out about the opportunity through The British Library and the Business & IP Centre after completing their Growth Mentoring Programme and I am so glad I applied. The BIPC is such a fantastic resource that I will definitely be accessing further as my business grows. In the past I wouldn't have called myself an entrepreneur, always describing myself as a textile designer with my own business. Being part of National Women's Enterprise Week and winning the Start-Up award has given me the confidence to now call myself one!” 

A panel of inspiring women 

To complement the awards ceremony, we hosted a panel discussion featuring four successful women entrepreneurs who have used the BIPC to boost their businesses. The panel was moderated by Alison Cork MBE, the founder of NWEW and Make It Your Business. 

“To have a room filled with so many female entrepreneurs dedicated to creating more opportunities for all female entrepreneurs is quite something and to be one of the panel this year was great!” - Amelia Packham 

Meet the panelists 

• Amina Alkzemi: Founder of Amina AI, an AI-driven solutions brand. 

• Suki Pantal: Founder of Suki's Curries and Spices, a culinary ambassador and storyteller of Indian culture. 

• Amelia Packham: Founder of Cool Crutches, a company that designs comfortable and stylish walking aids. 

• Esther Soloman-Turay: BIPC Lewisham Ambassador and founder of Authentic Worth Publishing. 

“There is power in unity when we come together and work as a team - we must learn to give others an opportunity to show their skills and serve the upcoming generation of entrepreneurs willing to make a difference in the world, starting with the community one step at a time. With the help of the BIPC and their services, they have helped Authentic Worth with opportunities to talk about my business journey, meet other like-minded business owners and those desiring to start a business. I hope business owners and entrepreneurs will be able to access the resources they offer and utilise it for the growth of their personal and professional endeavours.” 

- Esther Soloman-Turay 

Why National Women's Enterprise Week matters 

National Women's Enterprise Week is a crucial initiative that aims to support and encourage women to start their own businesses. Despite the fact that women are more likely to turn a profit in their first month of trading than men, they still face significant challenges in the business world. NWEW works to address these challenges and create a more equitable environment for female entrepreneurs. 

A night to remember 

The awards ceremony and panel discussion were a resounding success. It was inspiring to hear from so many talented and driven women. We are proud to support the next generation of female entrepreneurs and look forward to seeing what next year’s National Women’s Enterprise Week brings. 

Congratulations to all the participants and the winners of the Women’s Launch Lab incubator programme! Sign up to our workshops to boost your business and follow us on Instagram and LinkedIn to hear about our upcoming events and next year’s NWEW and Launch Lab.  

 

It’s World Photography Day, so we thought we’d highlight a few notable patents on the subject.

 

Daguerre – English patent 8,194 of 1839.

First up is the Daguerreotype, the first commercial photographic process, which was invented by Louis Daguerre in France. Not only did it produce highly detailed photographs, but it shortened exposure times from hours to minutes. The French government acquired the rights to the process and presented it ‘free to the world’ on the 19th August 1839. Unfortunately, a patent had been filed in England five days before; meaning English photographers were not allowed to use the process without first paying a license fee.

 

Eastman – US patent 388,850.

In 1888, George Eastman patented and released the Kodak, the first successful roll-film hand camera. It was sold with the film pre-installed and, once all the photographs had been taken, the camera was posted back to the company who handled the developing. The camera, with a new roll of film installed, would be posted back, along with the developed prints of course. Hence the slogan ‘You press the button, we do the rest’. Photography had never been so easy.

 

Land – US patent 2,543,181.

 

 

Polaroid founder Edwin H Land held 535 patents over the course of his life, but it is the invention of self-developing / instant film that he is best remembered. Even in the age of camera phones, his Polaroid camera remains an icon.

 

Want to learn more about the importance of patents and why they matter to your intellectual property (IP)? Check out our free webinars and workshops, or book in a free one-to-one with our IP experts today! 

Operating out of libraries around the UK, including the British Library which is home to over 13 million books, we are never too far away from literature and the powerful worlds that can be found within the pages...

To celebrate Book Lovers Day, we reached out to some of the businesses we have proudly supported over the years to find out their book recommendations and the impact that books have had on them and their journeys to success.

Books are a bridge to the world

"My family and I grew up in relative poverty, and books were our bridge to the world. As the first in my family to attend University, I owe this to my Grandfather and Mother for their love of storytelling and taking me to the library multiple times per week. I decided to go into the business of books because I wanted to be involved in a culture of storytelling and of sharing knowledge so that we are resourced to liberate ourselves across all margins of society. I also wanted to reimagine what a bookshop as third-space could look like, built on the principles of reciprocity, trust and community building.

Two books I'd recommend would be At the Bottom of the River by Jamaica Kincaid and Braiding Sweetgrass by Robin Wall Kimmerer."

- Jay Latarche, co-founder of The Folkestone Bookshop and Get Ready For Business Growth participant

A fed imagination is an active imagination

"I grew up poor and neglected and in books the world was a better place. I chose books and escaped to where I wanted to be and the library was a space where no-one bothered me. I didn't own a book until I was 17.

Books still change the playing field for many young people and adults: they not only offer escape but they change our options, especially when there is representation in books. Books develop the brain like no other medium. They are life changing and introduce us to people cultures and worlds that are beyond us. A fed imagination is an active imagination.

I decided to go into the business of books because of frustration. I was fed up of not being able to see Black authors in book shops and libraries and I knew if I waited for someone to fix the problem it might never get fixed. I always told my children to choose to be part of the solution, so I took my own advice.

My recommendations change daily, however these are the books I have been thinking about today: In Memory of Us by Jaqueline Roy, which is a brilliant book about conjoined sisters that doesn't go where you think it will, and Unearthed by Claire Ratinon, a meaningful story of a woman who reconnected with herself through the world around her."

- Carolynn Bain, founder of Afrori Books who used BIPC Sussex for one-to-one sessions and to look at funding

Books help us rise above the ordinary

"I love books because they have the power to change the world! Depending on the book, reading helps us create a vision for our lives, expand our imagination and help us to rise above the ordinary. Books also take us on unbelievable and unforgettable journeys, where we can be at many places at once. Reading is definitely one of the fundamental foundations of literacy which allows us to function effectively in society. 

I got into the business of books to help increase the literacy of young boys in my community and to add meaningful value to their lives. Reading books allows children to have higher cognitive strength and more creativity which helps to broaden their horizons and brighten their future.

I'd recommend any book written by Michael Connelly, who I think is one of the greatest authors of our time. I'd also recommend The Gospel of Wealth and Other Timely Essays by Andrew Carnegie!" 

- Mel Nichols, founder of Chayses Boys Bookclub and BIPC Lewisham business ambassador

Books leave me with a feeling of connection

"I didn’t always love books and as a child and struggled with reading, but in hindsight this was because I had not found the right stories for me. I started reading because I began to discover characters who were facing the same challenges and dilemmas I was facing and had something within their nature I could relate to. Books leave me with a feeling of connection, being part of an event and seeing something with such intimacy you’re not just witnessing it but you’re being invited to share in a viewpoint you may have never considered.

I went into Publishing because I wanted more stories out there that people could relate to. There are so many great stories out there but there are also so many that haven’t made it onto our shelves yet, so what could be better than doing something that helps people tell their stories in a way that they get heard?

I recommend Small Worlds by Caleb Azumah Nelson; he shows you his world and invites you to be part of this beautiful story. I also recommend Essays in Love by Alain du Botton. H talks through all the dilemmas and heartbreaks of a relationship and relates everything to what philosophers have said over the years. It both makes philosophy accessible and also it makes you feel more normal for feeling all the irrational things you think you do when in love."

- Damien Mosley, founder of Indie Novella Publishing and Get Ready For Business Growth participant

A book is just a wonderful thing

"Books are important because they serve so many purposes in one's life: they can be a source of comfort, escapism, education, entertainment, joy and fun! A book is just a wonderful thing that can educate and bring communities together. Books can empower, inspire and offer comfort too.

I love people, I love stories and I loved community, so I fell into television production as it felt like a natural place to be around all three. However I started to feel that the television industry wasn't necessarily right for my stories, my people or my community, so after years of trying, I left and chose books as my next medium. This time I could have more control over what I shared with the community I wanted to serve. I wanted to find books that represented Black and Brown characters and get them out there so people like me, who wanted them, but couldn't find them, could now find them easily. 

My book recommendations are The Secret Confessions of Frannie Langton by Sara Collins, When We Ruled by Robin Walker and People Need People by Benjamin Zephaniah."

- Samantha Williams, founder of BookLove and Get Ready For Business Growth participant

Books inspire you to dream

"I think that books are the most important source of knowledge. For me, they are an opportunity for financial independence and professional realisation. When I was 6 years old, I lived in an impoverished neighbourhood in Colombia and my family didn’t have a house with proper structural walls. I didn’t think at that time, in my wildest dreams, that in my adulthood I would be living in London and managing my own business. All that is thanks to my parents’ efforts, my husband’s support and my love for books.

Books are essential because they teach, entertain and inspire you to dream.

I am reading two books at the moment which recommend: Just Looking Thanks! by Alf Dunbar and Red Herrings and White Elephants by Albert Jack."

- Judy Chicangana-Matthews, founder of Delmora and Start Up Bromley business ambassador 

Books are 'Machines of Empathy'

"Robin Ince calls books 'Machines of Empathy' and I couldn’t agree more. Pick up a book and you’re immediately put into someone else’s shoes. Whether you’re reading a dragon-filled fantasy, a historical retelling, or blood-soaked crime novel, you’ll learn something about what makes us human. And that can only be a great thing. 

I love talking to people about anything creative, so bookselling was always a likely destination, even if I didn’t know if during my previous meandering career through music, radio and advertising. In 2016 the bookshop in our neighbourhood closed after 40 years and in 2018, when the unit came up for let, my wife and I decided we should try and bring it back. Almost six years later it’s proved to be a deeply fulfilling move.

A non-fiction book I’d recommend to anyone is And The Band Played On by Randy Shilts. It’s a journalistic account of the 1980s AIDS crisis in America and at once makes you despair for our callous cruelty and weep for our selfless charity. It led me to volunteer for an AIDS charity and fundamentally changed my life.

After that, we probably need something a little lighter, so I'd also recommend Amor Towles’ new short story collection, Table for Two!"

- Sam Taylor, co-founder of Max Minerva's and Get Ready For Business Growth participant 

Books have stood the test of time for a reason

"Ever since we can remember, we've loved books. There's something magical about being able to turn the pages and discover something new in such a tangible way (even more so in our digital word). Books have stood the test of time for a reason! It's a way of curating information and stories and sharing them across generations. 

Since starting a business, we have kept little notes of golden information, which naturally grew into a book. BIS Publishers saw our work and helped us polish this into The Brand Power Manifesto. It now means we have a roadmap we can share with other entrepreneurs to help and inspire them. We wanted to show how anyone can develop a sustainable brand with style. 

We recommend Wuthering Heights by Emily Brontë. It's an oldy, but a goldy! There's passion, revenge and haunting, all taking place on the Yorkshire Moors. We're from Yorkshire, so we must celebrate this iconic book. Also Know Your Onions: Graphic Design by Drew de Soto. This book offers a practical guide for anyone interested in graphic design. It demystifies the workings of a creative studio and provides tips for developing your own designs."

- Abigail and Chloe Baldwin, founders of Buttercrumble and Get Ready For Business Growth participants

I believe there is a book in all of us

"I believe books are valuable resources and tools that help in ones’ day-to-day life, and a great way to start each day positively, keeping focused and grounded. Reading is an essential part and contribution to our mental and emotional wellbeing when applying the right books in season. 

As a publisher of 8 books I use my business to support and help aspiring and existing writers publish their own books, whilst sharing their stories in the community. I believe there is a book in all of us, and it’s up to us to find time to nurture and turn it into valuable tools for other people to benefit from. 

A book I’d recommend is The Power of a Forward-Thinking Mindset written by me! It focuses on how powerful the mind is and how we can work on consistent growth in building our mental and emotional wellbeing independently and with how we interact with other people."

- Esther Solomon-Turay, founder of Authentic Worth and BIPC Lewisham business ambassador

The words people use to convey a message can make a huge difference

"Books are important because they give us something that the technological developments of the past few years, despite all the amazing benefits they’ve brought, still can’t match or replace. There’s something so relaxing about wandering into a library or bookshop and getting lost among the shelves.

We both love language and firmly believe in the power of words. Whatever people have to say – whether their aim is to inform, entertain or persuade – the words they use to convey that message can make a huge difference. We wanted to use our passion for language to help get people’s messages across in the most effective way possible, so we set up a business that focuses on doing just that. 

 

In our line of work, we’re very lucky that we get to read all kinds of different texts on a huge range of topics. A non-fiction book we recently proofread was a heart-wrenching but also incredibly uplifting account by holocaust survivor Ivor Perl called Chicken Soup Under The Tree. In fiction, we recently revisited an all-time favourite, E. M. Forster’s classic A Passage to India. The descriptions are so rich and playful."

- Rosie Tate and Peter Clayburn, founders of Tate and Clayburn and Get Ready For Business Growth participants

Books are portals to a different time

"There is nothing quite comparable to books. For me they are important as portals to a different time. Appreciating the chosen art work and illustrations of books, as well as the content, all makes it a very personal experience with the author, similar to how you can connect with musicians and their album covers.

I'd recommend The Little Prince by Antoine de Saint-Exupéry: though the author and illustrator disappeared over the Mediterranean a year after the book was published in 1943, he lives on eternally through the book and his artwork. I also recommend How To Win Friends and Influence People by Dale Carnegie; it reached the New York Times best-seller list in 1936 and did not fall off for the next two years! I read it more as a historical insight into it's era.

Interesting fact, I used to always look forward to visiting my local library since primary school. It just so happens to have been Leytonstone Library, London's first BIPC local!"

- JJ Khun, founder and CEO of WIILMA and BIPC Waltham Forest business ambassador

Reading gives you so many skills and empowers you in life

"I love that an author and an illustrator (with the help of an editor and designer) contain their thoughts and ideas between two covers, and then you get to read them! Reading is such a close, personal experience but it can open your mind to the whole world.

I publish books for children. Reading for pleasure is one of the most important factors in helping children become happy, healthy adults – it gives you so many skills and empowers you in life. A fun job with great people, and you can make a difference? Sign me up!

A non-fiction book I’d recommend is our bestseller, Real-life Mysteries by Susan Martineau, illustrated by Vicky Barker. It’s full of spooky stories! I'm also a fan of the recently published I’m a Fan by Sheena Patel, it's the perfect summer read."

- Sam Hutchinson, founder of b small publishing and Get Ready For Business Growth participant 

Books can be transformative

"Books are an essential tool for learning, growth and fostering connection. They can totally transport the reader to an immersive world that you never imagined existed until you dared to open those pages, and allow the author to take you on a journey. This is where our imagination and senses comes alive.

As coaches, we know that books can be transformative. Mary Beth O'Neill's Executive Coaching with Backbone and Heart offers a systems-based approach to coaching, which emphasises the importance of balancing business focus with compassion. O'Neill argues that effective leaders must not only make sound decisions but also lead with empathy. This helps to create environments where employees feel valued and understood, ultimately leading to more cohesive and productive teams. 

In our experience, fear is a common obstacle among clients. Feel the Fear and Do it Anyway by Susan Jeffers offers a straightforward message: while fear is inevitable, our response to it is what defines our path. She encourages readers to embrace their fears and take action despite them. This mindset shift can be incredibly empowering, enabling individuals to push beyond their comfort zones and achieve their goals."

- Fiona Wedderburn-Graham and Jennifer McLean, founders of Amaze Associates and BIPC Lewisham business ambassadors 

Books tell you about the world and teaches you how to read it

"A really good book not only tells you something about the world, but teaches you how to read it. This often demands patience and careful attention, which in turn requires generosity and a bit of effort. With so much clamouring for our attention, I never regret time spent reading.

I went into the business of books because it’s nice to be part of the chain, which turns a solitary idea into something thousands of people (hopefully) hold in their hands and find pleasure/inspiration/comfort in.

I recommend Glória, written by Victor Heringer and translated by Sophie Lewis and James Young, which we at Peirene Press published in July. It’s a Brazilian novel about three brothers from a unique family, which explores internet culture, charismatic Christianity and the meaning of art, with restless energy and a big heart. Victor Heringer very sadly died in 2019, aged just twenty-nine, but he left us two brilliant novels and we are very proud to publish them in English."

- James Tookey, co-publisher at Peirene Press and Get Ready For Business Growth participant 

Books are crucial tools for fostering a more inclusive and understanding world

"We love books for their ability to inform, inspire and connect people, and we see them as crucial tools for fostering a more inclusive and understanding world. At Peepal Tree Press, our passion for Caribbean and Black British literature drove us to fill a gap in the publishing industry. We aim to amplify underrepresented voices, illuminate cultural heritage, and empower through storytelling. We want our books to make a meaningful impact on the literary world. 

We recommend Manzu Islam's Godzilla and the Song Bird and Colonial Countryside - both hot off the press!

Godzilla and the Song Bird is truly a War and Peace for Bangladesh, with Tolstoyan philosophical depth (and unTolstoyan humour!), infused with a uniquely contemporary Bangla voice. Colonial Countryside is a book of commissioned poems and short stories produced by ten global majority writers featuring National Trust houses with significant colonial histories. The book also features essays by leading historians on the properties concerned, and a stunning photo essay by Turner Prize shortlisted artist Ingrid Persaud."

- Hannah Bannister, Operations Manager at Peepal Tree Press and Get Ready For Business Growth participant 

The greatest sporting show on Earth has begun, as Paris has now officially launched the XXXIII Olympiad, the third time the City of Light has hosted the summer Olympic Games. The expected hype that goes with the most famous sporting spectacle in the world has not disappointed. Nor yet are the hopes of the many Olympians eagerly awaiting their chance to mount the podium in gold and glory. 

The image of the Olympics has attained the true status of iconic - a word that is entirely accurate for the values and memories of millions. How can its magic be bottled or valued? We all have experienced that uniqueness, and we even own a tiny part of it. Who would not buy a badge or a memento to mark the celebration? 

The ‘bottling’ and ‘packaging’ of sporting stardust is down to one thing, its intellectual property (IP). The International Olympic Committee (IOC) who oversee, organise and promote the games worldwide understand this entirely, and harness IP for the broader movement’s benefit: it is their own powerful asset, monetised to benefit sporting participation around the world. 

So, what exactly is it? How do you ‘sell’ the Olympics? 

Olympic IP Rights

The most recognisable emblem of the Olympics would have to be the five famous Olympic Rings. First created in 1913, they represent the five continents of the world, incorporating all the colours of the flags of nations who compete. Pierre de Coubertin, one of the co-founders of the modern Games, drew and coloured the original by hand. 

Today the rings are a trade mark, and visually represent all that the Olympics stands for. Being able to use them is to be officially associated with the IOC and its movement. That has real value. 

However, it is not only the famous rings that are owned and carefully managed; there are Olympic phrases too. Would you like to use the word Olympian in your marketing campaign? Best not to, because the IOC owns the commercial usage of that word. As well as the words: Olympic(s), Olympic Games, Youth Olympic Games and Olympic torch, among many others associated with the games.  

Many more even include slogans. Faster, Higher, Stronger – Together, the most famous phrase for the games. 

Olympic ‘Property’ 

These trademarks among its many other designs and creations are regarded as the IOC’s properties. The IOC defines its properties in its Olympics Charter as those things that ‘refer to the Olympic symbol, flag, motto, anthem, identifications (including Olympic or Olympic Games), and any musical, audio-visual or creative works created in connection with the Olympic Games.’ 

It’s not only the trade marks it owns, but emblems, mascots, torches, posters and pictograms (an image or symbol used to represent words or ideas). The peripheral design assets also carry the spirit and memory of each Olympiad. I know this myself, as I owned a badge from the 1984 Los Angeles Olympics that my dad brought back on a business trip. That’s the reason I remember those games being so young (as well as the 84 glitzy grand pianos playing in unison at the opening ceremony – one to look-up). 

The other IP rights of copyright and registered design are part of the IP package of protection and utilised fully by the IOC. Another piece of favourite memorabilia is old Olympic Posters. Looking at how the designs have changed over the 20th century and into the 21st is a visual lesson in the evolving look and styles of the advancing decades.  

These are just a few of the multiple properties that are utilised for best commercial impact. You can see the various kinds they own on the IOC’s page, dedicated to managing their IP assets. 

Laws and treaties supporting the Olympics' IP 

There is also something unique about how the IP rights of the Olympics are enforced. Many countries around the world (the UK included) have adopted IP protection for Olympic assets in its own statute books. We have the Olympic Symbol, etc (Protection) Act 1995 and subsequent amendments for the London 2012 Olympics.  

Other countries may opt to be a signatory to the 1981 Nairobi Treaty on the Protection of the Olympic Symbol.

This is a recognition of the unique cultural value of the games: its non-partisan and unifying ethos that many countries recognise value and sign up to in principle. It adds to its specialness. 

Income in licencing 

All these Olympic properties are able to benefit others, but under the strict conditions of a licence. This is typical of every other form of intellectual property, it can be ‘rented out’ to others for commercial or non-profit use.  

The World Intellectual Property Office (WIPO) has some helpful information on IP and the Olympics. On merchandising, it states that ‘by maintaining high merchandising standards, they act as creative and pro-active custodians of the Olympic brand, enhancing the Olympic image and ensuring quality goods for the public.’

This partnership with the private sector helps to keep the Olympic image current and relevant. It is a very convenient two-way street as sponsors will pay top dollar to have rights and association with the sporting movement. Sponsorship revenue for the Paris games is estimated to exceed £1.08 billion.  

Having official sponsors and licences is also a safeguard against anyone trading off the image and rights of the IOC. The problem can range from the serious issue of counterfeit goods or even businesses large and small trying to cash in on the mood. Infringement takes potential revenue away from supporting sports and participation around the world. 

Olympian IP direct to your home 

As you watch and enjoy the incredible, inspiring feats of sporting brilliance, there is a single reason why we can all enjoy it: the Olympics has retained its value for everybody. This is only because of IP and its effective use by the IOC and its affiliates. They have been highly effective and successful in how it has managed and controlled its ‘property’.  

The Olympic brand has such high esteem because of intellectual property. It will continue to do so as it builds on its legacy of heroes and Olympic hopefuls of the future.  

 If you want to find out more about how the different kinds of IP can benefit your business, you can sign up to our online webinars or attend our Kickstart Your Business workshops. 

Written by Jeremy O’Hare, Research and Business Development Manager at the BIPC.

It was the battle of the burgers the other week as independent Irish fast food chain, Supermac’s, chalked up a sizeable trade mark victory for small and medium-sized enterprise (SME) businesses.  

A much bigger Mac (you know who) recently lost an important European Court of Justice decision regarding exclusive rights to the term ‘Big Mac’ (or similar ‘Mac’ variations) for meat and fish products, excluding beef. This created a legal opening for Supermac's to defend its right to use ‘mac’ in the naming of their meat products, including poultry too, by putting its challenge to McDonald's.   

The case highlights some very important lessons in relation to trade marks that apply to businesses of all sizes..  

Trade marks; get your classes right 

A trade mark is a ‘sign’ that ‘identifies you as the owner of your goods or services to make clear it belongs to you’. We’re surrounded by them every day and your favourite brands and products are all likely to be registered trade marks. . 

When any business applies to register a trade mark, they need to indicate which area of trade the mark will be used in. It could be goods, services or anything in between. This is known as the Nice classification system (after the city in France) and it’s adopted all around the world for consistency.  

Trade marks are territorial too, meaning that if you sell abroad, you’ll need protection abroad. For the United Kingdom you can register a new trade mark with the UK Intellectual Property Office for the European Union, the EUIPO. 

In 1996, McDonald's applied for an EU wide trade mark for the phrase ‘Big Mac’. They applied under Nice class marks 29; ‘edible sandwiches, meat sandwiches, and chicken sandwiches’, Nice class 30; ‘services rendered or associated with operating restaurants and other establishments or facilities engaged in providing food and drink prepared for consumption and for drive-through facilities’ and Nice Class 42, ‘preparation of carry-out foods’. A sensible range of classes for the activities McDonald’s was trading in, or intending to trade in. 

The first lesson here is that it pays to know the areas of business you want to sell your products or services and to find the correct corresponding Nice mark before filling in your application form. You can search all Nice classes by keyword to find the best match for you, here. 

Furthermore, it pays to use the mark in the classifications of choice, as we’ll see why. 

Trade marks; use them or lose them 

Supermac’s had also chosen the correct class marks, but the crux of the recent case was over usage.  

Under UK and EU law, a registered trade mark must be demonstrably in use in the classifications it was registered within the first five years and every five years after. There’s good reason for this, as it prevents the equivalent of companies ‘squatting’ on trade marks without using them. We’ve seen how unfair that has been in relation to URLs, so this trade mark law acts as a  safeguard. 

This means a third party can file for a revocation of a trade mark for non-use, which is essentially what Supermac’s did. Their argument was based on the fact that McDonald’s had not used ‘Big Mac’ in relation to chicken sandwiches or foods prepared from poultry products, for which the mark was also registered in.  

McDonald’s tried to defend its ‘Big Mac’ mark citing its use of the mark for meat products besides beef burgers, but it wasn’t enough to persuade the judges. They failed to gather significant evidence of sales volume or length of usage. The mark hadn’t been used properly, so consequently they lost exclusive right of use. 

The initial ruling was to lose all meat products, including beef, but on appeal McDonald's was able to win back exclusive use of the mark in relation to beef products (which is what we know it’s famous for, after all). 

This opens an opportunity for Supermac’s and other food outlets to use similar ‘Mac’ like names, in other meat and fish products, so long as it doesn’t trade off the name and reputation of the ‘Big Mac’.  

The second lesson here is make sure you use your mark, otherwise it risks being challenged. 

Trade marks; prove you’re using them 

This case emphasises another lesson for all business owners, keep good records. In the case of McDonald’s, they weren’t able to prove adequate usage. This is more significant a loss, given its size and enormous resources to fight legal battles. There’ll no doubt be important lessons learned for them, but these apply to any business. 

So, keep records of where your mark is used in marketing and advertising campaigns and where products or services might be listed. Ensure you have evidence of sales, as this can be an important figure if you need to fight for damages to reputation if someone infringes your mark, or in the case of McDonald's if you need to defend it against a revocation challenge. 

Your value is your brand 

What’s in a name?  

Everything. Many of us have grown up with the ‘Big Mac’ brand and some of us may even consume the product. That’s why trade marks are so important for any business large or small. It’s the identifying mark that distinguishes your product or service from everyone else. As this case study shows, intellectual property law is there to ensure as best a level playing field as possible. 

Your trade mark is a vital asset that you need to prove you’re the owner of.  

It doesn’t matter whether you’re a brewer, barber or in the burger business, what you’re famous for will always be your brand. Supermac's have always known this, and McDonald's have just been reminded of it. Your trade mark is the key to keeping that way. 

The British Library's Business & IP Centre runs a regular programme of intellectual property webinars and workshops that include trade marks. You can view the latest listing of upcoming events here.  

What data is being used to feed the ‘learning machine’?

Another AI-generated storm has occurred with the recent news that a chatbot voice created by OpenAI sounds eerily similar to Hollywood star, Scarlett Johansson. The story takes a more unusual turn, with claims by Johansson that she was asked by the same company to be a chatbot voice, refusing the offer a number of times. 

It seems the boundaries between human and machine are now completely blurred. The inexorable rise in the power and utility of generative Artificial Intelligence (AI) is producing case after case of controversy, ethical debates and inevitable concerns about where it’ll all end.  

Generative AI is artificial intelligence that is capable of creating text, videos, images or other data that has similar characteristics to the ‘training data’ used to create them. The question as to whether these works are original creations in and of themselves is hotly contested. 

However, Scarlett Johansson’s case is not the first time that generative AI has fallen afoul of celebrities and artists. Tom Hanks warned of a fake ad using his image to promote a dental plan he did not endorse. Musicians Drake and The Weeknd have experienced having their voices used to create an entirely new song, not of their creation. AI software was trained using their vocals and that was the key to the generative work being created: called, ‘Heart on My Sleeve’, it was subsequently dropped from streaming services after protests from the artist’s music labels. 

The question now with Johansson’s example is whether it’s all just an unfortunate coincidence that the voice of OpenAI’s, ‘Sky’, ended up sounding too similar to Johansson. And how was that voice created? Who owns the final product? 

In times like these, who else can you call, but an Intellectual Property lawyer? 

Where is the intellectual property? If Johansson decides to pursue a case of infringement against OpenAI, she can call upon laws in most US states known as ‘publicity laws’. These work in a similar way to other IP laws, in that the individual is ‘the product’. This means that they have the right to control the commercial use of their name, likeness, image or identity.  

In the case of Johansson, it’s the use of her voice.  

It’s no surprise to discover that the state of California, being the home of Hollywood, has such a law. (We don’t have an equivalent in the UK, but we do have other laws that can be stitched together to do the same thing). 

In fact in the US, legislators are right now actively looking at strengthening federal laws to provide further clarity on individuals and usage rights. Recent debate around the proposed bill for a NO FAKEs Act addresses these issues directly. 

Meanwhile, in the UK there seems to be a growing consensus in reasserting the interpretation of ‘data mining’ in existing UK copyright law to mean the use of data (for machine learning) only for non-commercial purposes. This is significant as it precludes the commercial use of data mining by AI companies.  It’s all in the prompts. 

Two sides to every case

The creators of generative AI have some arguments in their defence too. For an AI platform to generate an image, voice or text, word commands called prompts need to be used. And there is growing recognition in the power and skill of using the best possible prompts to create the most desired output. Think of a very long and focused search engine description.  

In fact, these particular prompts can be so integral to the final generated product, that they can be considered a trade secret and even copyright. These are two existing IP rights used all over the world.  

So it’s advisable that creators (be they companies or individuals) record the prompts (but keep them secret) in order to prove the creative process and also potentially as a defence in case the output does inadvertently infringe someone else’s copyright (or publicity right for that matter).  

Moreover, companies like OpenAI are significantly investing in their platforms by feeding them with all the data they need. They also have an IP interest because there is an inherent novelty and commercial value in creating (and licensing) the platforms themselves. They too, are protected by intellectual property rights and copyright is the predominant IP protection for software. 

But, as ever, there’s another flipside, and that is the question of what data is being used to feed the ‘learning machine’? Is the data public domain information? Or is it under copyright? If it’s the latter, it carries real risks of a generative platform creating an infringed work. As they say across the pond; ‘garbage in, garbage out’. 

Human v Machine; who’s the creator? 

The big question remains, who owns the intellectual property in an AI creation? If I use a generative AI platform, can I claim ownership of the final product?  

The first thing is to always check the licence agreement of the platform you’re using, especially if there’s a clause where they keep a record of the prompts used, or if the generated image can be reused.  

In the United States, the question of whether an AI created product can itself be subject to copyright has been partly addressed with the recent case of graphic comic titled Zaraya of the Dawn. The United States Copyright Office rules that ‘works created with substantial AI input are not eligible for copyright protection in the United States.’ Interestingly, they did recognise that the prompts were a work of human authorship, so therefore falling under copyright, as were the text and arrangement of images, but not the resultant images itself. 

In the UK, the question is complicated further by an interpretation of what Section 178 of the Copyright, Designs and Patent’s Act (CDPA 1988) could mean in relation to AI today. In the Act copyright cannot vest in machines or non-human actors but if ‘in the resulting author of a computer-generated work is the person “by whom the arrangements necessary for the creation of the work are undertaken.”’ It takes a sharp legal mind and a good case to define how that could be interpreted! Any interesting broader summary for existing UK copyright law and AI can be read here. 

It’s complicated... but also clear 

As the world begins to adapt to the massive disruption that AI will create, it’s safe to say that some boundaries have been drawn and clear sides are taken.  

1. If you’re creating any original work of any kind, you have rights over that work. Nothing has changed. 
2. If you’re using AI generated work, your ownership of work is open to question and at times challenged depending on the way national laws are interpreted, and the terms and conditions of the platform creating it. Best to seek legal advice for your particular context. 
3. If you’re an AI developer, you are at risk if the data you’re training your machine learning on is potentially copyrighted. So legal advice around taking protective measures against the risk of infringement or seeking permissions to use that content is a necessity.  

Further useful guides on all can be found on some law firms, such as here. 

Regardless of who will win the IP wars between humans and machines, a human is still a human and their voice will always belongs to them. In our age of digital disruption, Scarlett Johansson may well be helping us all find our voice, and keep it too. 

Written by Jeremy O’Hare, Research and Business Development Manager at the BIPC.