16 October 2024
How to set up a food business: hear from the experts this World Food Day
The British Library Business & IP Centre can help you start, run and grow your business
This blog is written by members of the Business & IP Centre team and some of our expert partners and discusses business, innovation and enterprise. Read more
16 October 2024
04 October 2024
- Marie Cox and Daniel Lister, Poppy Eco Hub
You can't do it alone
- 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.
12 September 2024
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
“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.
19 August 2024
06 August 2024
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
01 August 2024
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.
20 June 2024
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.
29 May 2024
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.
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.
15 May 2024
What's it really like to have a family member that's also your business partner? In honour of International Day of Families, we caught up with just some of the family-run businesses that we have supported on their journeys to success.
Abigail founded creative design consultancy 'Buttercrumble' with her twin sister Chloe, and we are proud to have supported them through our scale-up programme Get Ready For Business Growth (applications are now open, email [email protected]).
What made you decide to set up a business together?
"Ever since we can remember, we’ve loved collaborating. As children, we’d always be drawing joint pictures together. We had a creative calling, and knew we wanted this to be our career. It would be rare to find a workplace that would employ both of us simultaneously, so we made our own opportunities. We’re following our passion and we love it!"
What is it like having a business partner as a family member?
"Comforting. You have to trust your business partner completely because business is tough! When we work together, we know we’ll receive honest feedback and authentic support. It’s in our best interests to help each other out. We feel fortunate knowing someone always has our back."
What’s your favourite thing about working with a family member?
"We see each other nearly every day! Yes, sometimes it can be intense, but we’re grateful for all the time we can spend together doing something we enjoy. We get to share in the successes, and that benefits the rest of our family too. It brings everyone together."
Is it hard to separate family time and work time?
"Whenever we go out for a casual coffee date, we always end up talking about business. It’s tricky, but we enjoy our work, so sometimes we can’t help ourselves. That said, it’s important to take breaks. It can help to bring along friends and other family members to curb our work chat. It helps to have hobbies too!"
What advice do you have to anyone who is looking to go into business with a family member?
"Separate business from personal matters. It’s easier said than done. We continue to learn, but we must retain professionalism when we’re working with our clients. Sort out squabbles outside of the office! Don’t let them harm your business efforts."
You can hear Chloe speak about collaborating with her sister at our Start-Up Stars: Creative Collaboration event next week - an evening of inspiration and networking as successful creative businesses tell their collaboration stories. Book your free ticket here.
Ann founded 'London Fine Art Studios', a school dedicated to teaching the classical techniques of drawing and painting, with her twin sister Clare and husband Scott. They also received support from our Get Ready For Business Growth programme.
What made you decide to set up a business together?
"As family members you know you can trust their work ethic and that they have your best interests at heart."
What is it like having a business partner as a family member?
"I work with both my husband and my twin sister. I think it can be very amazing as you can short cut so many questions and you know you don't need to worry about how you phrase things or if you upset each other as it is more important to be time efficient."
What’s your favourite thing about working with a family member?
"It's nice to be able to see them every day and at meal times: it allows you to get to know them so well."
Is it hard to separate family time and work time?
"This is the only downside, as often my husband will want to talk about work at home. We all need switch off time, and it can sometimes be unfair on the children if work is always being brought up."
What advice do you have to anyone who is looking to go into business with a family member?
"Establish your boundaries before you start. See that person in a working environment, both in terms of their work ethic and how they treat other people. I worked with my husband for five years in a separate business before we set up our own business. It is obviously great if the work is going well, but also can be nice if one of the couple has a steady income."
Ann will also be speaking at the Start-Up Stars: Creative Collaboration event, find out more.
Patty founded handmade piñata brand 'Sweet Paper Creations' with her eldest child Ali. They received business support from their local BIPC and are now business ambassadors for our BIPC Local in Waltham Forest.
"When Ali was struggling with their mental health, I didn't know how to help or motivate them, so I started making piñatas as a relief strategy to cope with the waiting time to see a professional. We found that making piñatas together allowed us to relax and simply exist around each other, and this led to us setting up our business, as well as being able to open up to each other.
Working together has been quite a journey, but it always brings a great feeling of achievement. From the very beginning, we decided to differentiate between the roles of mother and child and allocate responsibilities to each other. This has helped us to stay organised and on track. We have established effective communication and mutual respect for each other's abilities and roles."
Thinking of starting up with a family member? 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!
10 May 2024
We are proud that supporting small businesses is at the heart of what we do here at the Business & IP Centre (BIPC). This year we reached out to some of our BIPC London business ambassadors, as well as entrepreneurs who received help on their business journey through their local BIPC resources and our Get Ready For Business Growth programme, to provide advice on coping with the inevitable stresses of starting up.
"Celebrate every small win. When you’re motivated your creativity improves and it’s easier to develop new solutions for business-related problems or invent new products. The connection between physical and mental health is stronger than I thought. It’s important to exercise both mind and body to fully use all your skills on your business. Female entrepreneurs can often face a wider range of challenges: in my case I’ve started my pre-menopause at 42. This brings short periods of depression and lack of sleep, some mornings I don’t want to even get out of bed. It’s difficult, but exercise helps a lot."
- Judy Chicangana, Founder of Delmora and BIPC Local Bromley business ambassador
"It is so common to experience stress if you're a small business owner: it's practically inevitable, unfortunately. To cope with the pressure, I recommend setting SMART goals for your business (Specific, Measurable, Attainable, Relevant, Timely). I always reassess priorities and break down tasks into manageable steps. It's also crucial to ask for help when you need it - reach out for support from mentors and professional networks as they will help you to see the bigger picture. For example, the Get Ready for Business Growth Programme helped us to put things into perspective when it comes to diversifying our revenue streams and organising internal processes. It's worth remembering that challenges are only a natural part of growth!"
- Dana Storo, Co-founder of Codex Anatomicus and Get Ready For Business Growth graduate
"Running a business is a challenging endeavour, especially in the beginning, and new business owners have a lot to learn. My advice would be to visit your local BIPC for business support instead of struggling to work things out for yourself. This, in turn, will reduce your stress levels and give you breathing space. When things feel too much it's important to take some time out to think and do something that excites you. Spend time with good friends and loved ones. That experience will boost your mood and confidence."
- Nevo Burrell, Founder of Nevo Concept and BIPC Local Waltham Forest business ambassador
“If we were to give any advice to small businesses it would be to invest in and harness the power of your network. When we started TwelveTwentyFive we secured our first clients through our network and quickly learnt that we needed to develop it and curate it. Through the support of BIPC Northamptonshire and their in-person and online sessions, events and training we've been able to grow our network of like-minded small and start-up business owners. Through their Build Your Business grant we have been able to invest in our podcast 'Building' and are now featuring many guests who we met through the BIPC network.”
- Harry and Brendan, Founders of TwelveTwentyFive
"In the whirlwind of entrepreneurship, prioritising yourself is essential. Remember our guiding principle: 'Put Yourself First.' Your wellbeing is the cornerstone of your business's success. Feeling stressed? Just pause, breathe and prioritise self-care. Lean on support networks like BIPC; you're not alone. Be courageous in reaching out for assistance in areas causing stress. As coaches, we know this will help you navigate challenges, ensuring both you and your business thrive."
"Immerse yourself in as many events and exhibitions as possible. This exposure not only fosters business growth but also provides a wealth of motivation from observing fellow entrepreneurs. The most significant support from BIPC Northamptonshire wasn't just the grant I received, it was the networking opportunities that really made a difference. Although the financial support was a bonus, it was the connections that proved invaluable. The guidance on constructing a robust business plan and continued support from the BIPC were true game changers for me."
- David Sikharulidze, CEO of Mavis Technologies
"Slow progress is better than no progress. Always think about the compound effect when starting a business: doing small things frequently adds to the big achievements over time. Your business journey is a marathon, not a sprint, so stay focused on your lane and compete with nobody but yourself. I recommend using the business tools and networking events that the BIPC offer to equip you with the knowledge to navigate your start-up journey and meet other like-minded business owners with whom you can share ideas and gain inspiration from. Whenever you feel stressed in your business journey, remember why you started: when you find your why, you'll find your way!"
- Mel Nichols, Founder of Chayses Boys Book Club
"It can be really overwhelming when you start off as a business, especially for a grassroots not for profit like us at WIILMA that doesn't quite fit into a particular box. However, my BIPC consultant really helped to identify and break goals down into small, manageable steps. They revisited these with me, and also checked in on how life commitments were going too, so I didn't feel alone through the process."
"When starting a business, it's important to understand the purpose behind it before thinking about scaling. When your business provides solutions to problems, your business success will speak for itself through your clients. Remember the organisations and brands you buy from did not scale in one day; it took centuries and decades of hard work, dedication and the willingness to persevere amongst the delays they encountered. As a book publishing company, we continue to emulate gradual growth as we understand the needs of creative writers and use our platform to represent and support other local businesses. Our role as a BIPC Business Ambassador is to give value and support first-time and established business owners on their building journey. We are aware that running a business is not an overnight success but takes patience, tenacity and the willingness to come out of your comfort zone."
Esther Solomon-Turay, Founder of Authentic Worth and BIPC Local Lewisham business ambassador
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!