04 May 2020
Book and podcast recommendations from the BIPC team
Missing our collections and the lovely members of the team who can help you navigate your way through them? Following on from the book recommendations from our BIPC entrepreneurs for World Book Night last week, we also asked our BIPC team for any suggestions of books, podcasts or online content which you may want to explore during this period. Here are their suggestions of what to get stuck into:
Meron, Business and IP Reference Specialist
In terms of books, She Means Business by Carrie Green is great – it’s insightful, gets you into a 'success' mindset and has amazing 'actions' at the end of every chapter.
For podcasts, I really like Start-up Stories by Andrew Warner. You get to hear the stories of many amazing entrepreneurs, through all the ups and downs. It’s very useful for visualising how you can overcome struggles yourself.
The Influencer Podcast is also very good. It is shorter, which I like, and Julie Solomon covers some great topics that would help any entrepreneur at any stage.
Lola, Subject Librarian in the Business & IP Centre
Testing business ideas: a field guide for rapid experimentation by David J. Bland/Alex Osterwalder. This book explains how systematically testing business ideas dramatically reduces the risk and increases the likelihood of success for any new venture or business project. The visuals/designs make the book fun to read and easy to understand.
Plus, you can find more information on business ideas at https://startups.co.uk/business-ideas/.
Crafts have surged during this period and as a result Crafts Magazine has selected a range of craft-related podcasts to inspire and inform you.
And then if you discover an undiscovered talent that could be the basis of a business, the winner of the Best Start-Up Inspiration Book Award at the 2019 Business Book Awards, The Creative’s Guide to Starting a Business: How to Turn Your Talent into a Career by Harriet Kelsall takes you through the very first steps of defining creative and financial success to ultimately establishing a rewarding start-up.
Neil, Manager of Business & IP Centre
A couple of oldies but goodies that I recommend are:
- Business as Unusual by Anita Roddick
- What would Google do? by Jeff Jarvis
- Steve Jobs by Walter Isaacson
- Soul Trader by Rasheed Ongalaru
- The Name of the Beast by Neil Taylor
Loretta, Start-ups in London Libraries Champion, Greenwich
In terms of business podcasts that I recommend for people to listen to I would suggest:
- Hustle – I have to admit to a vested interest here, as I host this myself with my co-host Farah, but we aim to focus on exploring the business journeys, trials and wins of underrepresented entrepreneurs.
- Championing Women’s Voices hosted by June Sarpong
- Nick Bradley’s Scale Up Your Business
- Lead to win with Michael Hyatt & Megan Hyatt Miller
I also think Andyshvc (a startup investment coach) is great to follow on Instagram.
Nigel, Research and Business Dev Manager
Two that are worth mentioning, particularly at this moment in time are:
- Value proposition design by Alexander Osterwalder, Yves Pigneur, Gregory Bernarda, Alan Smith - a very useful approach to assessing changing needs and priorities at a time of massive disruption and developing products and services that meet these needs. Also an effective process for assessing and revising existing business developments. Feels very topical!
- Lean customer development: building products your customers will buy by Cindy Alvarez – this showcases really practical approaches to engaging with customers to find out how their needs and experiences are changing.
Gloria, National Network Co-ordinator Apprentice
There's a book I recently read She's Back by Lisa Unwin and Deb Khan. It's aimed at women who had taken a break in their career (mostly because of motherhood, but also for those who took a break later in life for any other reason). It’s very uplifting and has plenty of resources and practical tips.
Mark, Start-ups in London Libraries Champion, Lewisham
In terms of books – everyone should read Rich Dad, Poor Dad. I would also recommend following the Financial Times and Bloomberg on Instagram.
Alex, BIPC Sheffield
There are some good podcasts coming from Courier at the moment, especially in reaction to the current situation.
Remi, Business Programmes Manager
I have so many recommendations:
- Profit First by Mike Michalowicz – I think this is a must read for any business. It will have you thinking about finance and operating your business with an exit plan from day dot.
- Any book by by Seth Godin – he makes all businesses think a little further outside of the box.
- The Mom Test by Rob Fitzpatrick – a book on how to talk to customers and figure if your business is a good idea when everyone else is lying to you. For me, this is an absolute must-read before investing into your business.
In terms of podcasts, I like Founders Clinic by Andy Ayim and Nana Parry – a podcast where underrepresented entrepreneurs openly and honestly discuss their companies.
Vanesa, Innovating for Growth Project Manager
I recently watched a Netflix TV series called Self Made about Madam C. J. Walker, the first female self-made millionaire in America. She was an entrepreneur, philanthropist, and a political and social activist. She was also a black lady which back in the 1900s in the US adds even more merit to what she achieved. It's still so topical, it even covers the struggles for women to get funding! I found it very inspirational, so if you were looking for something to watch these days, I strongly recommend it.
Clare, Strategic Partnerships Manager
Some of our BIPC Ambassadors have been involved in some great content. For example, Paul Lindley's book, Little Wins is very apt for current times. Plus, our Entrepreneur in Residence, Julie Deane was interviewed for the BBC podcast The Disruptors. Her discussion with Kamal Ahmed and Rohan Silva really was a great piece - she was on top brutally honest form!
26 April 2020
Will Intellectual Property provide ‘the cure’ for Covid-19?
The world is waiting for a breakthrough. Global attention is on the discovery and manufacture of an effective vaccine against Covid-19. Today is also World Intellectual Property day, so right now, all intellectual property (IP) related to treatments and vaccines is of intense interest.
And this is where it gets interesting and complicated.
There are some big questions about what existing and emerging IP can be deployed to create a vaccine to help solve the Covid-19 crisis and how that is done within the existing laws protecting IP.
Though one thing about finding a solution is clear, there is no single government or company that has all the know-how or answers. Some form of working collaboration between government, research institutions and private industry will be required. And this may even need to be international.
So agreements around IP rights will be key to how a vaccine is developed.
Out of all the five forms of Intellectual Property (patents, trademarks, design right, copyright, trade secrets) recognised around the world, developments in patents and trade secrets are taking centre stage.
So why patents?
Patents
A patent is granted by a government authority (we’ll see why this is important) to an inventor giving them the right for a limited time (usually 20 years) to prevent others from making, using or selling the invention. Patents must meet two important criteria; it must be an innovative step on what has gone before and not disclosed.
Many vaccines are made up of multiple patents because a vaccine itself is a biological preparation containing differing ingredients. How those different ingredients are composed is the innovation and therefore where the patents sit.
As a form of intellectual property, patents can be sold or licensed to others to the benefit of the owner. Patent rights can also be waived if the inventor so chooses.
Could these rights then be waived in the interests of speedily creating a vaccine? And would companies do this voluntarily? The big issue for them is the cost incurred in developing those patents licenced for use in a vaccine and this may prove to be too great a disincentive.
Governments may also look at their options.
Governments and IP
One extreme scenario are compulsory licences. Because patents are a state granted right, governments under exceptional circumstances can, if they choose, assert rights over ownership and manufacture to third parties.
In fact a number of countries are actively pursuing this route. Among them Germany, Canada, Chile and Israel. Other provisions are covered under UK law for the use of patented inventions for services to the Crown. The question is whether this provision will need to be called upon.
And what company would even want to be named as having their IP requisitioned?
It would also be assumed that such exceptional intervention would involve some compensation to patent holders.
So might companies and research institutions voluntarily share information?
Trade Secrets
This is where another form of IP is crucial in the hunt for a vaccine against Covid-19; trade secrets. This IP is as simple as it sounds. Companies in the course of their activities may acquire know-how that gives them a competitive advantage. This know-how is so important that knowledge of it is protected and bound by confidentiality to those working with it.
Companies and research institutions working in drug and vaccine discovery work with multiple forms of trade secrets.
Patents alone won’t resolve the challenge of creating a vaccine, there need to be trade secrets such as gene sequencing, manufacturing methodology and a whole host of other forms of data required in vaccine development that may even include business modeling and pricing.
Therefore companies and institutions will have knowledge that will need to be voluntarily revealed in any form of collaboration and I'd expect under specific conditions of agreement.
And some are moving in this direction.
Collaboration is Key
Recent discussion of creating a patent pool of shared patents to help in the fight against Covid-19 has gained some traction. The Costa Rican President Carlos Alvarado Quesada has initiated the call for a medicines patent pool available for free or licensed on reasonable terms, as well as the sharing of other data. This has been endorsed by the WHO.
So much is happening in the fight against Covid-19 that a complete list of current collaborations across the world has been produced and can be found on the Milken Institute who are compiling all the current treatments and vaccines in the pipeline.
Another organisation, the Coalition for Epidemic Preparedness Innovation (CEPI) is an ‘innovative global partnership between public, private, philanthropic and civil society organisations’. This overseeing body is co-ordinating funding and deploying it. CEPI has helped fund the recent Oxford University vaccine.
They are also collaborating with GlaxoSmithKline who own the patent to an important adjuvant to enhance the effectiveness of any vaccine.
CEPI is an example of how public, individual, research institutions and the private sector are coalescing and co-ordinating their responses to Covid-19. The fruits of this provide some cause for optimism for finding a workable vaccination that benefits all contributors.It’s an indication of where we may be heading in terms of how IP is shared in such unusual times.
‘Where there’s a will there’s a way’ couldn’t be truer in our urgent need to find a vaccine against Covid-19. And the way will require a significant collaboration of IP, public and private interest. Something the world will hope for more of this World IP Day.
Jeremy O’Hare is an Information Expert in Intellectual Property at the British Library.
02 March 2020
Getting to grips with IP: Back to basics
We asked Briffa, a boutique IP law firm based at the Business Design Centre in Islington, who are specialist IP lawyers and Business & IP Centre delivery partners, to unravel the confusion and complexities around IP…
IP is like spaghetti. A big tangled mess. We frequently hear people say things like “I want to trade mark my idea!” (you can’t) or “how do I patent my business model?” (you can’t) or “I paid you to design something, so surely I own the copyright!?” (not necessarily). It’s only when we untangle the spaghetti and get to grips with the individual rights that sit underneath that umbrella term that we can hope to discover how intellectual property can be used to protect the fruits of our creative labour. So here are a few basics to get started:
What is intellectual property?
Intellectual Property, or IP, is an umbrella term we use to describe a collection of rights which, broadly speaking, allow people to control the use of their creations. The common thread that runs through all IP rights is that their value derives, in part at least, from the ability of the IP owner to exercise monopoly control over what they have created. Or, to put it another way, to stop someone else from using their stuff.
What are the main IP rights?
The four main statutory IP rights are:
- Copyright - which allows the creators of literary, dramatic, musical, artistic and other creative works to prevent third parties from copying or otherwise using their works without authorisation
- Trade marks - which allow the owners of brand assets such as names, logos, slogans and jingles to prevent competitors from using those brand assets without authorisation
- Design rights - which allow product designers to prevent others from using their designs without authorisation
- Patents - which allow inventors to prevent others from using their inventions without authorisation.
How do I get these IP rights?
There are two main categories of IP rights, registrable and unregistrable. As the name suggests, registrable IP rights are rights that require registration in order to secure protection. Conversely, registration is neither necessary nor possible in the case of unregistrable rights. Instead, those rights simply arise automatically.
What are the registrable rights?
The main registrable rights are:
- Patents
- Trade marks
- Registered designs.
In the case of these three rights, protection normally starts from the date the application is filed (not the date the registration process is completed, which in the case of trade marks might be a number of months after the application is filed and in the case of patents might be a number of years after the application is filed). Patent protection normally lasts for 20 years and renewal payments must normally be made annually to maintain the patent.
Trade mark protection lasts forever provided that renewal payments are made every 10 years.
Registered design rights last for a maximum of 25 years and renewal payments must be made every five years.
What are the unregistrable rights?
The main two unregistrable rights are copyright and design rights. In the case of UK unregistered rights (copyright and UK unregistered design rights) protection arises automatically from the moment of creation, usually in favour of the creator. Copyright usually lasts until 70 years after the death of the creator of the work (though the term of protection is shorter for some categories of work). UK unregistered design rights last for 15 years from the date the design is created or 10 years from the date the design is first made public, whichever occurs first. EU unregistered designs rights last for 3 years from the date the design is first made public in the EU.
Copyright protection ‘usually’ arises in favour of the creator? Huh?
Yes, the default position under English copyright law is that the creator of a work is the first and automatic owner of the copyright in that work. However, there is a major statutory exception to that rule. If the creator of that work is acting in the course of their employment, then copyright rests automatically with the employer and not the employee. In many cases, an employment contract will contain an IP clause confirming that the employer and not the employee will own any IP created or developed by the employee in the course of their employment.
But surely if I pay someone to design my logo I own the copyright, no?
Not necessarily. As above, the default position is that the creator of a work owns the copyright in that work unless they are an employee acting in the course of their employment. So if you pay a freelance artist to design a logo, no, you will not necessarily own the copyright in the logo (even if you have paid them). Depending on the circumstances, you may have an implied right (licence) to use the copyright but an implied licence is not the same as full ownership and if you want to secure full ownership of the copyright in your logo you must have a written copyright assignment signed by the artist.
What about ideas generally? How are those protected?
IP rights generally do not protect ideas. They protect the expression of ideas. For example:
- Copyright protects artistic works (i.e. the physical expression or manifestation of an idea such as a photograph of a bridge taken at sunset), but it does not protect the idea or concept behind the artistic work (i.e. the idea of taking a photograph of a bridge at sunset)
- Design rights protect the appearance of products (i.e. the shape and surface decoration on a piece of furniture), but they do not protect the idea or concept behind the appearance of the product (e.g. a rustic style or a modern style of furniture)
- Patents protect inventive products and processes (i.e. a new technical invention for automatically locking a car using a sensor), but they do not protect the idea or concept behind the invention (e.g. the idea of having cars lock automatically upon a sensor going out of range of a vehicle)
- Trade marks protect specific brand identifiers (i.e. a particular word, logo, strapline, colour or shape that customers use to identify the brand), but they do not protect the idea or concept behind the brand identifier (a particular style adopted by a range of brand identifiers).
So there is no way to protect an idea or concept?
The best way to protect an idea or a concept is to keep it confidential and control its disclosure by ensuring that anyone you share the idea or concept with signs a non-disclosure agreement (or NDA) which contractually precludes them from sharing the information publicly or taking the information and using it for their own purpose. A famous example of information which has retained its value by virtue of its confidentiality is the recipe for Coca-Cola. Its value does not derive from the fact that that the recipe is patented, or from any other registration. Its value derives from the fact that it is a very closely guarded trade secret.
What about ‘taking inspiration’ from someone else’s work? Does that infringe their IP?
Big question, short answer. It depends. All IP rights have different legal test for what constitutes infringement and these different legal tests therefore determine the scope of protection afforded to the IP owner. So let’s take a look at two examples: infringement of copyright and infringement of registered design rights.
Infringement of copyright
The test for infringement under English law is whether or not the alleged infringer has copied the ‘whole or a substantial part’ of the original copyright work. If the whole or a substantial part of the actual original work has been copied (e.g. the specific artistic pattern) then there is a likely a case to be made for copyright infringement. If the whole or a substantial part of the original work has not been taken (e.g. the specific pattern has not been copied but only the concept/idea/style of the pattern has been taken) then it is less likely that there is a case to be made for copyright infringement.
Infringement of registered design rights
The test for infringement under English law is whether or not the alleged infringer has created a product which creates ‘the same overall impression’ as the earlier registered design. If it does (e.g. the two pieces of furniture create the same overall impression from the perspective of an informed user e.g. a furniture enthusiast) then there is likely a case to be made for design infringement. If it does not (e.g. the two pieces of furniture are somewhat similar but they do not create the same overall impression such that an informed user e.g. a furniture enthusiast would very easily tell them apart) then it is less likely that there is a case to be made for design infringement.
So I might get into trouble by simply taking inspiration from the world around me? Madness!
Well, the first point to bear in mind is that in these situations the specific facts of the case are crucially important.
With copyright, a court would look at the most creative/important bits of the earlier design. If those bits have been copied, the court might find that the infringement claim is made out (even if those most creative/important bits only make up a minority of the overall earlier design i.e. the test for copyright infringement is more qualitative than quantitative).
Similarly, with design infringement, the court would look at the things like any existing designs, which might be very similar to the earlier design. If there are lots of similar designs out there, the scope of protection of the earlier design will be narrower (i.e. limited to the differences between all the other similar designs); whereas if there are not, and therefore the earlier design is quite unusual/novel, the scope of protection will be broader.
In the final analysis, it is better to be inspired by concepts, themes and/or ideas if possible, and to develop a new creative work based on those concepts, themes and/or ideas. If you start by copying an existing creative work and modifying it here and there in an attempt to put distance between the old work and the new work, you run the risk of incorporating into the new design elements from the old design which will quite obviously be the result of copying rather than coincidence.
My head hurts, what now?
IP is not just like spaghetti, it’s a veritable spaghetti monster with issues too complex for Oprah. My advice: take advice. The British Library’s Business & IP Centre offers a wealth of advice and resources to businesses and individuals who are trying to wrap their head around their IP. Take a look at the website to find out more.
Similarly, Briffa is always happy to take your call/meeting and give you a steer on any IP issue. Contact 020 7288 6003 or email to book a free consultation.
07 July 2019
A week in the life of…Emma Richards, Business Outreach Manager at the IPO
The Intellectual Property Office (IPO) is a government department responsible for granting Intellectual Property rights including Trade Marks, Registered Designs and Patents.
Emma has worked for the IPO for 20 years after studying Business and Marketing at the University of Wales in Cardiff. She is experienced in delivering and advising on all aspects of Intellectual Property. She has worked in the Business Outreach Team for the past 12 years and travels the UK giving advice to SME’s and individuals who want help with their IP strategy.
Sunday
Instead of packing the school bags ready for the madness of the school run, I’m packing my case and loading up the car to prepare for a busy week ahead. Leaving my husband with a long list of things to do, I give the kids a big cwtch and head to the other side of Newport to collect my colleague, Nick. We are heading off to Shrewsbury this evening and after a long car journey, we finally arrive at the hotel at 20.30. After a quick bite to eat we retire to our rooms for an early night.
Monday
I know the idea of having a hotel breakfast appeals to many people but the novelty soon wears off and the waistline tends to suffer! Nick has the right idea, he’s already been to the gym by the time we meet at 8.00 (I prefer the extra sleep myself). We’re fuelled up and ready to head over to the Shrewsbury Growth Hub. Today we are delivering an intellectual property workshop to a group of new businesses who are keen to learn the value. New to IP? Watch our short video below:
As many presenters will know, the curse of the Powerpoint is always ready to rear its head and it’s in full force this morning. With time ticking on we decide to continue minus the slides in true experienced improvisation mode.
Despite the problems with the IT, we delivered a successful workshop and after lunch, I got ready for some one-to-one sessions and Nick headed off to the train station, no rest for the wicked as he was heading off to London.
After the last one-to-one session, I went back to the hotel and headed off for a run. Running in a strange location is always a bit risky, especially in the rural areas of the Shropshire countryside. After a few dices with death, I decided the safest place for me is in the swimming pool! Trying to time calling home is tricky with three young children and a husband at the end of his tether, but thanks to the wonders of the 21st century I am able to Facetime and admire the carnage! Then it’s a quick bite to eat and off to bed. Rock and roll!
Tuesday
I head off to the Growth Hub again this morning to meet with another colleague. Today’s session is slightly different as the audience is now made up of business advisors. Whether a business is just starting out or already trading, IP should always be considered as part of their business plan. Our short video helps explain this in more detail:
Thankfully the IT is playing ball today and after lunch, we get ready to meet local businesses. We invite two local businesses to explain their business to the advisors and during an interactive session they discuss the potential IP problems and opportunities and offer suggestions. It was a great afternoon, bringing together the role of the advisor and business and where IP fits into business planning.
I gather all my things and head off to my next location, Birmingham. Following another swim and challenging Facetime session with the kids I fall into bed ready for the day ahead.
Wednesday
This morning I am heading off to Aston Villa FC for the Midlands Expo. I meet my colleague there who is based in the region and hoping to make contacts for further business support. The exhibition is targeted at SMEs in the area, so I am hoping to give lots of valuable IP advice today.
I start the day off with an IP talk to delegates, giving them an overview of IP and why it is important for them to consider. During the course of the day I speak to a variety of customers with many trademark, copyright and designs queries. At 15.00 I am ready to head home and press my favourite button on the sat nav. I finally arrive home at around 18.00, but the fun doesn’t stop there! I’m faced with three excited children wanting to fill me in on the last three days in ten minutes and an exhausted husband who has clearly lost the will to live. I run the bath, start the conveyor belt of shampoo and pyjamas and get them off to bed feeling the happiness of this crazy normality.
After the craziness has calmed down my husband and I do the abridged version of the last few days and I am happy to head off to my own bed.
Thursday
Today I’m heading into the office, so after the madness of the school run I join the traffic. Being in a job that takes me out of the office most of the time, means I am in demand when I’m here. I find my day busy with meetings and planning and before I know it, it’s home time. The usual tea time/ bath time ensues and then I head off to meet my brother for some food and a theatre show.
Friday
It’s my non-working day so I enjoy a nice long run, followed by a nail appointment. Having a non-working day is really important to me as it allows me to catch up on everything I’ve missed out on during the week while I’ve been away. I always make sure that we eat as a family on a Friday evening and we chat about the week we’ve had. After our meal, we kick back and watch a film together before the chaos of bath time. With the kids safely in bed and allocated babysitter in place, my husband and I head off to our local for the pub quiz and a bit of well-earned quality time together.
A week in my life is hectic, to say the least, but a weekend with the kids…well that’s another story entirely! I end the week feeling I have made a difference and look forward to my next business event on the calendar.
05 June 2019
European Patent Office’s PATLIB Summit
Business & IP Centre Hull, part of our National Network, recently visit Porto, Portugal for the first PATLIB Summit. Sue Pleasance, Enterprise and IP Lead Officer attended, along with other representatives of national patent offices of the European Patent Office’s (EPO) member states, their PATLIB centres, and their host organisations, European and international organisations involved in IP, technology transfer and innovation. The Summit gave attendees a chance to learn from each other and plan the way forward for PATLIBs across Europe. But first, what are PATLIBs?
The EPO supports a network of patent information centres (PATLIB centres) throughout Europe and has evolved from a grouping of national patent libraries, widely distributed in the member states. PATLIB is an acronym for a PATent LIBrary, however not all PATLIB centres are actually libraries; a number of them are located in national patent offices, universities and chambers of commerce. The main aim of the network is to enable patent information centres to communicate with each other in a feasible and convenient way.
PATLIB Centres provide patent information and, depending on the national system for intellectual property rights, many also provide information on other intellectual property rights like trademarks, designs and models. PATLIB staff provide advice and guidance on searches for IP, some also perform searches for their clients.
Back to the Summit, my journey went well and I arrived stress free thanks to fabulous organisation skills of the team at the EPO and was ready to get involved with the Summit’s activities and meet many friendly people from all over Europe to discuss and debate how we deliver intellectual property support and guidance.
How stunning the conference venue was Palacia da Bolsa! In particular the Arabian Room where our UK IPO representative Laura Phillips did a great job presenting on how we deliver PATLIB support. Over the two days we attended talks and took part discussions and workshops to discuss, debate and agree on actions needed to strengthen the network and improve and enhance services. Shout out to fellow PATLIB teams’ Mel (Plymouth), Tony (Glasgow) and Ben (Leeds), the latter are also part of the National Network, for great company, lots of laughs and their adventurous spirit!
It wasn’t all work and no play, Grelhador da Boavista was a hidden gem of fresh tasty traditional Portuguese food with HUGE portions, a great atmosphere, humour and quirkiness, which I’ll remember for a long time. Tasting the local beer, Superboc, was a bit hit and miss, had we known there was a whole lounge dedicated to it at the airport we may have waited!
We were also able to find out more about the history of the port, and what better way than by boat, with a trip up the river Douro from the Estiva Quay, followed by dinner at the Alfandega, with a traditional Fado performance.
I was glad we stayed in the city centre in the evening following Day 2 of the conference, where we made a trip to the famous exquisite bookshop Livraria Lello and experienced the traditional celebration Queima das Fitas do Porto, (Porto Burning of the Ribbons).
A lovely end to the evening was when Danielle from the Czech Republic spotted a fabulous local restaurant overlooking the river, serving excellent food, which we enjoyed whilst finding out more about each other’s work and lives.
If it sounds like we had a lot of fun – we did! The fantastic hospitality of the EPO and the Porto community encouraged us to make the most of our stay. But we did work hard and I’m not sure how we managed to cram quite so much in!
The outcome of the event was a set of strategic recommendations to the EPO in a document called the Porto Paper. The Porto Paper can be found here.
Finally I arrived home shattered but with a firm sense of achievement and proud that the UK had contributed well towards the future developments of PATLIBs. It was a privilege to be involved in the summit and how it will benefit Business & IP Centre users from around the country, including Hull. At the Business & IP Centre Hull, we offer free access to databases, market research, journals, directories and reports; a programme of free and low-cost events including workshops on a range of topics such as business planning, social media, market research and intellectual property. Through ERDF funding we are also able to provide free workshops, events, seminars, expert clinics and one to one coaching and mentoring for anyone in Hull who wants to start or grow a business.
Sue Pleasance, Enterprise and IP Lead Officer at the Business & IP Centre Hull
Sue has been the Lead Officer for the PATLIB and Business & IP Centre based in Hull Central Library since 2016. She leads a team of trained staff to provide intellectual property support and guidance, workshops, events and seminars to support potential entrepreneurs and businesses in the area.
29 May 2019
An introduction to intellectual property (IP)
The Intellectual Property Office (IPO) is the official UK government body responsible for intellectual property (IP) rights including patents, designs, trade marks and copyright. The IPO operates and maintains a clear and accessible intellectual property system in the UK, which encourages innovation and helps the economy and society to benefit from knowledge and ideas, as well as helping people get the right type of protection for their creation or invention. Here the IPO outlines the basics of IP and explains how you can discover your IP rights.
Intellectual property (IP) rights grant you the ability to take legal action if others attempt to make, use, import, copy or sell your creation.
The four main types of IP rights are:
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Copyright
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Designs
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Patents
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Trade marks
Protecting creativity
Work in the creative sector? You’ve probably heard a lot about copyright but may not fully understand how it protects your work.
Copyright is a property right which is intended to reward the making of, and investment in, creative works. Copyright protects literary, dramatic, musical and artistic works, sound recordings, films, broadcasts and published editions.
In the UK, copyright comes into being automatically when a qualifying work is created; there is no formal registration. The term of protection for most copyright material is the life of the creator, plus 70 years from the date of their death. Check the website for more information on how long copyright lasts.
Copyright grants the creator the right to authorise or prohibit copying, distribution to the public, rental/lending, public performance, adaptation, and communication to the public.
Visit our website to find out more about the rights granted by copyright.
A flair for design
Crafter or designer?
Design refers to the appearance or ‘look’ of products. The look of your design includes the appearance, physical shape, configuration and decoration. This can be 2D patterns or 3D designs.
Registering your design allows you to gain a marketing edge by preventing others from using it without your permission.
Automatic design rights do exist in the UK (UK Unregistered Design Right) and in Europe (Unregistered Community Designs).
Unregistered UK design right automatically protects your work for 10 years from when it was sold, or 15 years from when it was created, whichever is earliest. However, it only protects the shape and configuration of a design and does not include 2-dimensional designs like textiles and wallpaper.
Unregistered designs offer limited protection and can be difficult to enforce. Where disputes arise, you may have to prove the existence of your rights. Unlike registered designs, it will be your responsibility to prove intentional copying.
The IPO has an Instagram account with lots of useful information to help creatives know their rights, protect and champion their products. Follow us @ipforbusiness and use the hashtag #IP4biz.
The ‘lightbulb’ moment
Think you may have invented a market sell-out or something that could even change the world? Or perhaps something simple that just makes everyday life that little bit easier?
A patent protects new inventions and lets you take legal action against anyone who makes, uses, sells or imports your invention without your permission. You can only apply for a patent if you have created something that is inventive, new and useful.
A patent specification is a legal document and requires specialist skills to draft properly. Your chances of obtaining a patent are significantly greater if you use an attorney. Visit the website to find out why you should use an IP attorney.
The most common mistake made by inventors is revealing their invention before applying for a patent. It is your choice on whether you decide to take your product straight to market or apply for patent protection. However, if you have made your invention public, you could lose the possibility of obtaining a granted patent.
Sometimes, you may need help from a third party to create or distribute your products. Non-disclosure agreements (NDAs) are created when a business owner is speaking to potential partners such as investors, manufacturers and stockists.
NDAs are important when applying for patent protection. If a third party is helping you to create your product, make sure they sign an NDA, or it could affect your chances of gaining a patent. To learn more read our guidance on non-disclosure agreements .
Building a brand
Creating a brand that encompasses what you and your business offers is an important aspect of your business plan.
You may want something distinctive and unique that sets you apart in a crowded market. A trade mark protects your company name, logo, or a phrase. It can even protect a shape, colour, sound, aspect of packaging or any combination of these.
The registration of your company name with Companies House doesn’t automatically protect it. You have the legal right to the name, but it doesn’t stop other businesses from trading under very similar names.
The most effective trade marks are those ‘distinctive’ to the goods and services they protect. This allows consumers to identify your goods or service from your competitors. So, if your company name describes the products you sell or the services you offer, there’s a good chance it won’t be distinctive enough to be a registered trade mark!
It is recommended you search our trade marks database before applying to see if a similar trade mark to your brand already exists.
Sharing out the IP
A license grants a third-party permission to do something that would be an infringement of your IP rights without the license.
IP can be “licensed-out” or “licensed-in”. You can “license-out” to another company in return for a fee. You can “license-in” if you want to use another company’s IP to develop your own business and products.
Free online learning
The Intellectual Property Office’s has a range of online learning tools to help you better understand your IP rights.
Our IP Health Check free online tool can help you identify what IP you own. Answer a series of questions and receive a tailored confidential report, based on what you have told us.
IP Equip tool is a free online CPD-accredited training tool. It takes your through four short modules and uses case studies to show why intellectual property is important.
More of a visual learner? Our IP Basics videos provide short, simple explanations of the various IP rights. They also cover licensing and franchising, how to avoid infringing IP and what to do if your business is a victim of IP crime.
Don’t forget to sign up to our e-alerts to receive IP advice, events and updates direct to your inbox.
23 November 2018
IP Corner: Registered designs and knitting
When people think of intellectual property what most often springs to mind is patents, closely followed by trade marks. There are other forms of IP though and I came upon a good example of one when looking at gadgets to do with my favourite pastime – knitting.
This is the Wool Jeanie a nifty little device that holds the ball of wool/yarn whilst you are knitting releasing the wool evenly as you knit. The yarn holder is suspended from the frame using magnets and when not in use it can be disengaged from the frame and rested on the platform below.
The Wool Jeanie is a UK registered design registered with the IPO UK and given design registration number RD6011452. The full design record can be viewed via the DesignView database upon entering the registered design number in the search box.
If you are not sure how to use the database, or if you are just interested, you can download our free IP guide A brief introduction to registered designs and registered design searching.
Registered designs protect the outward look of a product particularly the lines, contours, shape or texture, but they can also protect the material or ornamentation of the product. You cannot protect the way the design works, only the way it looks. To protect its functionality you would need to apply for a patent. For a design to be protectable it must be new and it must be unique.
A UK registered design gives the rights holder the exclusive right in the United Kingdom to make, use, sell, import and export any product embodying the design, if it is a shape, or bearing the design if it is ornamentation.
Registered designs can apply to a wide variety of products from packaging to furnishings, from clothing to jewellery and from household goods to textiles. However, registered designs do not last forever. Registered designs last a maximum of 25 years and are renewable every five years to the 25 year maximum. At the end of the 25 years, or if the renewal fees aren’t paid, the registered design falls into the public domain and is there for anyone to use.
So why should a business protect its designs?
By registering your designs you:
- contribute to obtaining a return on investments made by you or your company into creating and marketing your products.
- obtain exclusive right to the registered design allowing you to prevent or, if necessary, stop others from exploiting or copying your design without your written permission.
- have the opportunity to sell or license the rights to the design to another enterprise for a fee.
- strengthen your brand.
It is worth remembering that a vast majority of businesses today are web-based and the IP registrations the company holds, or the licenses it has to use others' IP, are assets of the business which can help increase the market value of a company and its products.
Within the UK unregistered ‘Design right’ also exists and automatically protects a design for a maximum of 10 years from the end of the calendar year in which the design was first sold or for 15 years after it was created whichever is the earlier. However, design right only applies to the shape and configuration of an object.
When deciding whether or not to register your designs it is worth speaking with an intellectual property attorney. Most will offer free 30 minute one-to-one advice sessions and you can find one in your local area via their website.
So what about my Wool Jeanie? Well, it has proved to be one of the best gadgets I have bought it my many years of knitting and crocheting and I am busy spreading the word about it to all my handicraft friends and acquaintances.
Maria Lampert, Intellectual Property Expert at the Business & IP Centre London
Maria has worked in the field of intellectual property since she joined the British Library in January 1993. She is currently the British Library Business & IP Centre’s Intellectual Property Expert, where she delivers 1-2-1 business and IP advice clinics, as well as intellectual property workshops and webinars on regular basis.
To see all upcoming workshops, webinars and events, visit our website.
28 September 2018
Top tips from Start-up Day 2018
Activities in 17 libraries around the UK. 101 business events delivered. More than 1,000 attendees across all locations. Webcast around the world. Start-up Day, in collaboration with Santander, once again proved to be a huge success.
With a full day’s worth of events, there’s a lot of information and words of wisdom to take in from each speaker. Need a recap of what was said? Missed a crucial top tip? Want to relive it again? Or if you missed it, we’ve compiled all the videos of the speakers in this post, along with a key take away tip from each...
Top tip from Mintel senior consumer lifestyles analyst, Jack Duckett:
Consumer confidence is on a growth trajectory, meaning there are opportunities for brands to grow.
Top tip from Google Digital Garage's Chami Coomasaru:
Set yourself goals, think how you want your brand to be perceived and choose the platforms which are appropriate for your business.
Top tip from author and motivational speaker, Anis Qizilbash:
Steep in your purpose... your success does not mean another person's loss. The more you make, the bigger impact you create.
Top tip from public speaking coach, Elaine Powell:
[Your pitch] is never going to be perfect. Always ask for feedback and take your performance to the next level, and the next level, and the next level. Never give up, it's a journey, not an end destination.
Top tip from author, motivational speaker and business coach, Rasheed Ogunlaru:
[Networking] online is the window to your world, meeting people in person is the door.
Top tip from former CEO of Tangle Teezer, Matt Lumb:
Don’t try and do the 80 hours a week thing. You will burn out. Try and get that balance as you scale.
Top tips from:
Precious Jason, founder of Etieno Skincare: Being in business you have superhero days and you have days which are not so great… Be kind to yourself.
Rebecca Slater, founder of Shine Creative Solutions: Believe in the idea you’ve got and to try and plan out the three most important things you need to get right.
Amy Fleuriot co-founder of Hiro + Wolf and Artisans and Adventurers: Don’t expect it to happen overnight. If you’re having to work alongside it, that’s ok… Just keep at it.
Start-up Day 2018 was in collaboration with Santander. To see our events throughout the year, click here.
26 April 2018
IP Corner: Happy World Intellectual Property Day!
April 26th is World Intellectual Property Day. “What?” I can hear you asking, why should there be a special day to celebrate Intellectual Property? Well, stop for a minute and take a look around you and I can guarantee that, whether you realise it or not, you will be surrounded by Intellectual Property.
Like the book you are reading (e-book or otherwise!), the iPod or MP3 player you are using to listen to music, the music itself, even the clothes you are wearing, every product or service we use in our day to day lives is the result of innovation. These innovations may be big improvements in function, or small changes in design that alter the way a product looks, either way these improvements will generally be protected by Intellectual Property (IP).
Intellectual Property (IP) is like any other piece of property and the owner of the Intellectual Property rights controls what, if anything, happens to those rights, including who can benefit from the work or from the investment the rights holder has made into the creation of the product or service.
So how does this affect you and your business?
Whatever business you are engaged in it is very likely that you are using and probably even creating a large amount of IP and, if you want to get the best possible commercial results from its ownership, you need to think about the steps you need to take to protect, manage and indeed enforce your rights.
- Protect – register your IP rights where possible.
- Manage – keep a record of all the IP you have and any IP that you license from third parties. Ensure renewal fees are paid and licenses are up-to-date.
- Enforce – as the rights holder it is your responsibility to keep an eye out for any IP infringement and to take action to stop it. If you do not intend to enforce your IP rights then perhaps you need to reconsider whether or not you should register your rights.
So let’s look at each form of IP in turn;
The first piece of registrable IP most businesses will have is a trade mark. Trade marks are used to indicate the origin of goods or services. They may be symbols, words, colours or even a combination of these, the choice is yours, but whatever the makeup of your trade mark it needs to be distinct enough to allow consumers to identify your products or services from those of your competitors.
As well as standard trade marks there are several other types of mark such as Collective marks, used to distinguish the goods and/or services of members of a particular association, or Certification marks, given for compliance with defined standards to anyone who is able to certify that their products meet certain standards e.g. ISO/TC 181 Safety of toys.
Trade marking is not to be approached lightly as your trade mark is likely to be one of your most valuable business assets.
Next, Copyright. Most of us when we think of copyright we think of books, music, films etc. but copyright will also exist in your website, the flyers or brochures you may produce for your business, the menus for your restaurant or café. All of these, provided they are your own original work or you have a license to use them if they were created by a third party, will be protectable.
Mark all of your original copyrighted material with the copyright symbol ©, the name of the rights holder and the year of creation, e.g. © British Library 2019.
If you are a designer then registered designs are probably something you should consider as registered designs protect what it is that makes an item attractive or appealing to its intended market. As the holder of the registered rights you will be assured an exclusive right to the design and thereby protection against unauthorised copying of the design by third parties.
Finally, patents (this is the biggie!)
A patent is an exclusive right granted for an invention. It provides patent rights holders with protection for their invention for a limited period, usually 20 years, subject to the payment of annual renewal fees. Having a patent for your invention means that your invention cannot be made commercially, or distributed or sold without your written permission. You get to decide who may or may not use the invention for the duration the period of protection. However, once the patent expires, after 20 years or if you stop paying the renewal fees, the invention will no longer be protected and will enter the public domain. Basically, it becomes available for anyone to use as they wish.
Probably lesser known, but just as important IP rights are Know How and Trade Secrets. Know How is the practical knowledge of how to do something, to get something done. This sort of knowledge will not necessarily be included in a patent for example, but will be necessary to finish the product, project or job. For examples of Trade Secrets; think of the Coca Cola recipe or the recipe for Irn Bru. These rights are not registrable and need to be protected using contracts and/or confidentiality agreements.
This post just touches on the subject of IP really as a way of highlighting World IP Day and anyone thinking of using IP or making any financially crucial or business crucial decisions based on IP should speak to an IP attorney. The website of the Chartered Institute of Patent Attorneys can help you locate an attorney in you local area via their website. Most IP attorneys offer a free 30 minute one-to-one advice session.
Alternatively, you can visit your local Business & IP Centre for free, impartial, non-legal advice. Click here to see the full list of Centres around the country.
A final comment; innovation through the years has shaped the world we live in, from the simple hand cast nail invented more than 2,000 years ago to the invention of the wheel and the wheel and axle concept, from Gutenberg’s printing press to the telephone, the electric lamp to penicillin, all of these innovations have made our lives easier, better and more interesting and, hopefully, the inventors and innovators of our generation will continue the trend.
Maria Lampert, Intellectual Property Expert
05 July 2017
How Intellectual Property helped Julie Deane start a £10 million business from her kitchen table
So many small businesses lack IP awareness and understanding, but IP is something of an unsung hero and can prove critical in making or breaking a business.
The Business & IP Centre team are dedicated to helping entrepreneurs and SMEs understand what IP is and why it’s important, what IP they might have created and how they might increase their business success and profitability by protecting and exploiting that IP in the future. Over the years the team have supported thousands of small businesses unlock the value of their IP, and much of the support we provide in the Centre uses case studies and real-life stories to demonstrate how having a handle on your IP gives you a huge commercial advantage.
One such example is Julie Deane OBE, founder of The Cambridge Satchel Company, who has taken her business from the kitchen table and a £600 start-up budget to a global success story with a turnover of £10 million. Along the way Julie has overcome numerous business challenges including managing designers, manufacturers and overseas distributors, establishing web and physical retail sites around the globe and dealing with thousands of imitator brands. Here, in a free 30 minute podcast with the Intellectual Property Office, Julie lays the truth bare on how she’s developed strategies to tackle copycat websites, build the brand, keep putting the quality of the product at the heart of the business and “hang on to the passion that made you start the business in the first place.”
Here are our 3 ‘top tips’ for what you need to know when it comes to your Intellectual Property:
- Think about trade marks - Is your business name protectable in the countries that you wish to trade? Is it already being used or does the word have another meaning in a different country. Future investors will want to know that you have the rights to trade in the countries that they wish to trade in, and you need to consider this right from the start to give your business the best chance of success.
- If you’re creating a ‘thing’ - Do your research before filing for a patent; is there a market for your product? It is expensive and takes a long time to protect your idea so make sure you do your market research and can be confident that somebody will buy it at the end of the day. If you have paid for your product to be patented and want somebody to manufacture it for you, you also need to ensure you have agreements in place limiting their rights to your initial idea or design.
- Founder’s agreement - It is easy to set out a document with your business partner right at the start when setting up your business agreeing things like % of ownership and what should happen in the case of a dispute, or if one of you wish to sell then business and the other one doesn’t. Once a dispute has started it is much harder and messier so you need to make sure all parties are clear on this from day one.
You can find further help, support and information on IP in any of the eleven Business & IP Centres up and down the country, including the British Library in King’s Cross. Speak to any one of our specialist staff face-to-face, over the phone or by email. You can also log on to our free of charge online workshops to grow your knowledge about IP, and increase your chances of business success.
Julie Deane is Entrepreneur in Residence at the British Library and a huge champion for ambitious business owners. She recently gave advice and practical tips on Intellectual Property at the Library’s Scale-up Summit alongside Will Butler-Adams, CEO of Brompton Bicycles. Cambridge Satchel and Brompton recently launched a range of colour-matching bags and bikes where the satchel fitted perfectly to the handlebars. This ‘made-in-heaven’ brand match caught the attention of the press and delivered extremely high sales. Will and Julie's opening keynote presentation on ‘Getting your business in the media’ was a great success too.
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