Exhibit with confidence

Last month ACID announced that an ACID Spring & Autumn Fair Intellectual Property (IP) Steering Group has been formed to consult with EMAP via ACID on current and emerging IP issues, to build on existing progress and cooperation with the organisers and to develop new initiatives to address exhibitor concerns on the increase of copying within this sector. Dids Macdonald, CEO of ACID talked to the members of this new panel and discussed some of the IP issues which concern them. Talks with the Spring Fair organisers are planned for the end of May.

Clare Farthing, Marketing Manager of Creative Tops and ACID IP Steering Group member said, “I believe that every participant at a trade show event should sign a legal agreement upholding professional standards regarding copyright design.” she continued, “In this way this awareness will be raised about the importance of intellectual property for each and every exhibitor and also give the show organisers an opportunity to act if exhibitors are persistent copyists.” Creative Tops use the following statement to reinforce their IP policy to all visitors to their website,“All copyright, design rights and intellectual property rights existing in our designs and products and in the images, text and design of our website / marketing material are and will remain the property of Creative Tops Limited. We will treat any infringement of these rights seriously.”

Established in 1996, Creative Tops started life making just one product, glass work top savers with surface design. Then in 1998 they began to manufacture lap trays and in no time at all the range grew to encompass a whole collection of co-ordinated products including; tablemats, coasters, trays, mugs, dinner sets, gift sets, textiles, kitchen accessories and much more. Their business has grown to encompass a large portfolio of products designed by an experienced team of designers who, between them, have many years experience in analysing market trends and delivering strong commercial surface patterns, within strict time frames. Having been copied several times, Creative Tops put intellectual property as one of their brand’s key strengths. Launched at this year’s Spring Fair was a range of white ware under a new branding ‘Justin Capp’ who is a chef, demonstrating not only the endorsement of Justin but the positive benefit of using a licensed trade mark.

Dan Black of Black & Blum, also a member of the ACID IP Steering Group said, “Being involved with an ACID Accredited Exhibition like Spring Fair gives us confidence and I know that any alleged copying issues will be dealt with on site at the exhibition. It is daunting to go to an international fair with new designs because with new technology, new products are so easy to copy. It is in the exhibition organiser’s interest to protect the IP of design led exhibitors to keep them designing and creating, because it brings the buyers in. After all, buyers are attracted by new products.”

Black & Blum’s latest new  product “the Box Appetit” is a revolutionary new lunch box, more like a ceramic bowl than your standard food container and with better functionality. This is also protected by a registered Community design which gives a monopoly right, lasts for 25 years and is protected in 27 EU member states.

Patrick Heeley of Villeroy & Boch is no stranger to dealing with copying issues and is quite clear about his objectives when exhibiting, “An important factor for us attending Spring Fair is that ACID will be present with their on the spot mediation service. I would also like to see a heightened acknowledgement by the organisers on their zero tolerance policy to copying.” Brand protection and a strong IP policy are at the heart of this household name.  “Every strength in one brand.” This is the strategy with which Villeroy & Boch are addressing the challenges of the market and the competitive situation in the new millennium centres on the strength of their brand. Credibility, quality, image, competence, elegance, harmony, design and lifestyle are the defining characteristics. Products from all divisions of the company have received prestigious design awards such as the “red dot award: product design” from the Design Zentrum Nordrhein-Westfalen, the “good design” award from “The Chicago Athenaeum Museum of Architecture and Design” or the “IF product design award” from International Forum Design.

Another ACID IP Steering Group member and MD of Lubkowski Saunders Associates, Penny Laughton said, “I would like to see an Emap board director fully engaged with ACID and the issue of IP. Every year LSA sends a copy of their new brochure and designs to ACID to be held on the free ACID Design Data Bank including the recycled glass Mia collection launched in January 2010.”

IP is very much at the heart of the Caroline Gardner Publishing brand and every time a new product range is designed a copy is sent immediately to the ACID Design Data Bank. Winner of many prestigious awards, Caroline’s quirky yet sophisticated designs are brought to life by employing little used traditional printing techniques, such as letter press and die stamping, but interpreted in a very modern way. The cards have an extremely loyal following and are both instantly recognisable and highly sought after by a diverse group of consumers. Angus Gardner, also a member of the ACID Spring Fair IP Steering group said, “I am pleased to be part of this steering group and look forward to positive dialogue with the organisers of Spring Fair to ensure that IP protection is at the heart of the Spring Fair brand.”

Andy Kingston, Managing Director of Fiesta Collectables who is fully supportive of the ACID IP Steering Group said, “As well as owning the intellectual property rights in all our product ranges we have an added armoury in that the majority of our sculptors put a secret mark on their work. This means that any copyists who get rid of the name stamped on the product are in for a surprise because we can tell immediately if they are designed by one of our sculptors. For example, on Ebay last week when we discovered a product being sold we sent an immediate email asserting our rights and informing them that they could run the risk of being closed down by Ebay. It’s a sure fire way of getting instant action. Ebay’s policy is to close down the trading status of companies who sell knock off or copied goods.”

Angela Hewitt of Angela Hewitt Designs an exhibitor at many UK fairs and exhibitions said, “As an artist, all my artwork is original and painted by me. It is protected by copyright.” At the last Spring Fair Angela was extremely disappointed to see, only one aisle away, a new artist/exhibitor displaying what looked like remarkably similar artwork. She will be keeping a close and watchful eye at any future exhibitions. Copyright lasts for the life of the creator plus 70 years following their death. However, if an artistic work is commercially exploited, this period is usually reduced to 25 years protection from the end of the first year of commercial exploitation. Copyright will be infringed if the design is copied and the copy features important parts taken from the design or artwork.

The IP Steering Group comprises of ACID members: Dan Black of Black & Blum, Patrick Heeley – Villeroy and Boch, Claire Farthing – Creative Tops, Penny Laughton of LSA, Angus Gardner – Caroline Gardner Publishing, Andy Kingston – Fiesta Collectables, Angela Hewitt – Angela Hewitt Designs and Jan Constantine of Jan Constantine Ltd. During the first consultation, the ACID IP Steering Group have raised the following issues and suggested various action points and outcomes:

IP Steering Group recommendations:

• Making it completely clear at every opportunity (entrance, catalogue, website, as part of registration process, web links, etc.) photography is not allowed unless with the express permission of the stand in question.
• Heightened security briefing and action to stop unauthorised photography
• Endorsing ACID’s objectives and ACID Accredited status as per the agreed criteria of the ACID Exhibition Organisers Accreditation Manual.
• To have an Emap board director fully engaged with the issue of IP
• To have every participant at a trade show event sign a legal agreement upholding professional standards regarding intellectual property and confirm that they own the rights or have a license to market the products on their stands  (ACID has a template agreement)
• A communication sent to the organisers of the visiting exhibitors in the Chinese Hall in Mandarin to explain about EMAP policy on intellectual property protection and to ensure that this is communicated and understood by all exhibitors. Many look alikes are manufactured in China and other BRIC countries and this is viewed as a positive initiative to engage in constructive dialogue.

As ever, Spring Fair proved a fantastic launch pad for an impressive number of micro enterprises, as well as household names, all seizing the opportunity to market new designs and products.  But it was a mixed Fair for ACID member Jan Constantine. On one hand her order book was full and over flowing but the excitement was tinged with frustration at having discovered not one, but three, alleged copies of one of her design collections. Most exhibitions are natural showcases for new products but some exhibitors can also be vulnerable to those who seek the fast track to market through copying and Jan was no exception this year.

Fortunately, ACID was able to help and, using the Exhibition Protocol for complaint handling, informed the people concerned and put them on notice regarding the complaints. Prior to that one of ACID’s IP lawyers had confirmed Jan’s IP ownership and that there were sufficient similarities in the alleged copies to inform the stand owners in question. None of the companies concerned cooperated with ACID’s requests to remove the products and matters are now being dealt with by ACID Accredited law firm McDaniel & Co. The clear message to anyone thinking about marketing any new product is that they are unauthorised to do so unless they have created their own intellectual property rights or have a license to market those products.

Following the alleged copying discoveries Jan Constantine commented, “All intellectual property rights in our designs are the property of Jan Constantine Ltd and any infringements will always be taken seriously. It took a significant amount of investment and time to create our product range and it’s something I feel very proud about. If people are proved to be copying, then the Spring Fair organisers should not allow them to rebook in the future.”

Jan Constantine’s background in fashion, interiors and styling proved a real driving force behind her ambition to fulfill a lifetime’s ambition and produce her own Collection and all the designs are created by her with help from her team to implement them.  Copies of all designs are sent to the ACID Design Data Bank and this provides valuable evidence of the date they are received which provides compelling evidence in pursuing any IP infringement.

Jan commented about ACID, “We joined Anti Copying in Design (ACID) to protect our designs and the intellectual capital which underpins our brand.   One of the main advantages is the visually powerful ACID logo which, when used at Fairs and Exhibitions, helps to deter others from copying.  The ACID logo is prominently displayed on the homepage of our website and also inside the front cover of our new brochure.”

As a member of the newly created ACID Spring & Autumn Fair IP Steering Committee, Jan endorses ACID’s objectives to work closely with ACID Accredited Show Organisers Emap to build on the positive IP work already achieved.  Not only in their support of respect for intellectual property, but also to ensure that the voices of those who represent ACID members and others exhibiting at the show are heard loudly and clearly so that improvements can be considered for the future. Jan hopes that the new ACID IP Steering Committee will be a first for many exhibitions in the UK. “After all”, added Jan, “We invest heavily each year in exhibiting at several exhibitions in the UK. We are there to market and sell our products, not to have to spend time going after copyists. We look to the UK exhibition organisers to take a leaf out of European organisers’ books who take a much firmer attitude to infringement of original designs”.

So, whether you are an established company within the giftware sector, or a start-up hoping to make it in today’s competitive market, there is no time like the start of a new decade to take a fresh look at what is one of your most important assets – your intellectual property. Daunting though it may sometimes appear, there are some simple steps all businesses should take to ensure that this precious commodity, the lifeblood of business in the 21^st century, is protected. After all, we are no longer a nation of shopkeepers, ours is a knowledge economy and full exploitation of your intellectual property will be key in today’s competitive marketplace. One person’s innovative ideas – if carelessly discussed without confidentiality – can be another’s instant passport to success.

Key Spring Fair exhibitors who are also ACID members have accepted an invitation from ACID to join a new steering group. The ACID Spring & Autumn Fair Intellectual Property Steering Group’s objectives will be to build on existing progress and cooperation with the organiser Emap and also to develop new initiatives to address concerns on the increase of copying within this sector.

Dids Macdonald, ACID’s CEO said, “Having worked positively with Spring & Autumn Fair for the past decade, I am delighted that, together with the IP Steering Group, we can identify specific concerns and drive forward improvement via positive dialogue with the organisers. Raising awareness about the need for more respect for Intellectual Property is a real issue for design led companies. After all, the Fairs are one of Europe’s leading showcases for new and innovative products to be launched and it is critical to each and every exhibitor investor that they can trade in an environment where there is an absolute zero tolerance of IP theft.

Steering Group member Patrick Heeley of Villeroy and Boch said, “A deciding factor for us attending Spring Fair is that ACID will be present with their on the spot mediation service. I would also like to see a heightened acknowledgement by the organiser’s on their zero tolerance policy to copying.”

LSA’s Penny Laughton added, “I would like to see an Emap board director fully engaged with ACID and the issue of IP.”

ACID’s IP Steering Group members also include, Black & Blum, Creative Tops, Caroline Gardner Cards, Fiesta Collectibles and Jan Constantine.

Following our previous campaign against the Fair Guide, produced by a company called Construct Data Verlag GmbH based in Austria, we are aware of a similar exhibition guide called Expo-Guide, produced by a company registered in Mexico, which appears to be virtually identical.

Exhibitors at major exhibitions are sent a mailshot for ‘free’ advertising space in an ‘exhibitors directory’.  They are asked to check that the accompanying order form has the correct data on it after which ‘your free listing will be activated’  However, some people use the attached form to make corrections to their ‘free listing’ and submit it, unaware that they are using the form which requests a ‘payable insertion’.  As the offer is sent at roughly the same time as official exhibition documentation, the confusion occurs because the Expo Guide offer letter is headed ‘Exhibitors Directory in the Expo-Guide’ and also states the name of the exhibition where a stand has already been booked.  Many people sign the document believing that their name will appear in the actual exhibition ‘list of exhibitors’ guide for the exhibition.

The cover letter has clear notification that the ‘Expo Guide’ is ‘independent, objective and not related to any organiser or marketing association.’ However, this information is set out in the body of the text, and is not immediately obvious to the reader.

The order form itself, where you are encouraged to ‘please confirm the accuracy of your details’ also states ‘This form is only for your correct listing as an individual advertisement entry’ and this is also misleading. The actual payment terms and length of the agreement are in smaller print at the end of the document. 

There it states that the cost of the listing in the Expo-Guide will be 1181 Euros, that it is a 3 year contract and will continue for that period unless ‘cancellation notice is given in writing by letter at the latest 3 months before order’s expiry’ which is not a clear statement and liable to misinterpretation.

If you sign a contract without having thoroughly read all the small print, you are legally responsible. You cannot argue that you were unaware of any of the obligations that will then bind you. Your only option will be to argue that there is something fundamentally wrong with the contract, such as a failure of consideration, or a breach of the contract. Even then, the contract may be deemed only ‘voidable’ and not totally void or invalid.  Click here for a downloadable version of this advice and an example of the form and the cover letter.

EXPECT UNEXPECTED COSTS……

 ££££££££££££££££

 ££££££££££££££££

 £££££££££££££

 £££££££££££

 ££££££££££

 if you don’t read the small print!

 LESS COPYING, MORE IP AWARENESS! This was ACID’s verdict after Interiors 2010. “Having supported this ACID Accredited exhibition for nearly a decade” said CEO Dids Macdonald, “We are cautiously optimistic that there has been a significant reduction in the number of complaints handled by ACID and generally, an increased awareness about the need for respect for intellectual property. Now, more than ever, there is a real need for all brands, whether micro enterprises, SME’s or well known brands to create an IP strategy.”

Presenting the Lighting Association Awards Dids said, “Whether a design is a portable luminaire, a non portable luminaire, best energy saving product, best innovation or indeed the lighting show design of the year –it will be underpinned by intellectual property.  This could be a patent for a unique invention, the trade name under which it will be marketed, design right in the creative design and the tangible form, or copyright in the way that it is described on packaging and  marketing material or on the company’s website. All this is valuable intellectual capital, which will be the differentiator between success and failure in today’s competitive market for  micro enterprises, SME’s and well known brand names.”

Speaking to some of the UK’s leading designers and manufacturers Macdonald added, “We are no longer a nation of shop keepers, we are a knowledge economy and, as such, intellectual property is the lifeblood of successful companies in the UK today. The creative industries (and the lighting industry is very much part of this) collectively contribute a significant 8.2 %, or nearly 120 billion pounds, to the UK’s GDP. The rest of the world looks to the UK lighting industry to lead in innovation, safety, technical expertise/standards, sustainability and best practice and they have every reason to. One of the most difficult challenges facing those who bring new (and subsequently successful) ideas and products to market is the constant threat of them being copied. So key to success in the 21^st century will be to create an IP strategy to protect, exploit and commercialise your new products.”

ACID has been supported by the Lighting Association (described as a very credible mouthpiece for the industry) for many years now; in fact they were one of the first to embrace ACID’s aims and objectives. One of their top priorities, as an ACID trade association partner, is to continue to promote education and awareness about the importance of respect for intellectual property. Theft is theft, whether it’s a wallet, a watch or a new design. Design theft costs livelihoods.

Another first for the Lighting Association was the announcement that this year the 2010 Student Design Awards will include, for the first time, an intellectual property requirement and criterion. The aim is to ensure that all design students are aware of the intellectual property they create and are better equipped to come to market. Entrants will need to be able to demonstrate that they identified different types of intellectual property relevant to their designs and be seen to have taken steps to protect their IP rights.

The list of Award winners are shown below.

Best Portable Luminaire

Winner      Pacific Lifestyle ( Aimbry)

                     Fleur Ceramic Range

Best Non Portable Luminaire & UK Lighting Design of the Year

Winner       Illuminati SRL

                      Meta Swan Series

 Best Energy Saving Product

 Winner      Oaks Lighting

                      7933-6 Messia Range

 Best Innovation

 Winner      Endon Lighting

                       EL10055 Halogen / LED downlight

The awards for Best Stand were as follows;

Best Small Free-build Stand    Winner   -    Crimway Limited

Best Large Free-Build Stand    Winner   -    Valsan (UK) Limited

Best Shell Scheme Stand            Winner   -     Carlos Remes Lighting Co.

 Dids Macdonald presents Best Innovation Award to Endon Lighting

ACID were delighted to be asked onto the judges panel at Interiors, Birmingham to decide between many talented young designers whose work was on show last week.  The judges panel comprised of Barbara Chandler from the Evening Standard, Damian Walton from the House of Fraser and Dids Macdonald, ACID’s CEO.  Each judge concentrated on a different area, from design creation to manufacture, with ACID’s role being to assess the students knowledge of IP rights and how to commercially exploit their designs.  IP was at the forefront with one student who had taken out a RCD (registered community design) to afford protection for their design.

The New Design Britain awards, in cooperation with the Worshipful Company of Furniture Makers and sponsored by Willis and Gambier (a long-standing Member of ACID) were the culmination of months of hard work by the students and the organisers UBM, to find the very best product designs the UK has to offer, with over 150 entries from over 80 universities.  ACID supplied 1 year’s free ACID membership to all the winners and free merchandise from ACID Trading.

(L to R) Dids Macdonald, Damian Walton and Barbara Chandler judging Helena Carelson, who has been the first to take up her free ACID membership.

For information on the other award winners click here.

THE SEARCH FOR TALENTED DESIGNERS AND GIFTED ARCHITECTS BEGINS

They’re back — the UK’s most prestigious homes and product design awards return for their fifth year. The Grand Designs Awards, tied to the hit Channel 4 TV series, celebrate the most innovative and beautiful domestic architecture and product design.

Kevin McCloud (below) ACID Ambassador and presenter of Grand Designs comments:

“There are awards, and then there are the Grand Designs Awards. These are the awards that really matter, that are wide-reaching, and that are supported by some of the finest and most authorative judges in the country. They are widely respected throughout the industry, and the projects that win are truly first-class. They’re awards that connect with the public. They’re about people who have passion – who create and enter their projects, and it’s great to reward such dedication.”

The search is now on for the best homes and products from around the globe that demonstrate the determination, dreams and sheer hard work of ordinary people creating extraordinary things. Just like the TV programme, the awards are renowned for championing cutting-edge contemporary house design and pioneering products from tomorrow’s design scene. New for 2010 are categories that recognise the best international home, and two new green design categories created in partnership with acclaimed eco-charity BioRegional. The judges this year include some of the biggest names in the business, such as ACID Ambassador Sebastian Conran, Wayne Hemingway, George Clarke, Orla Kiely and Oliver Heath.

The Grand Designs Awards 2010 launches on 3 December 2009.  Deadline for entries is 21 February 2010. All entries must be made online at www.granddesignsawards.com Winners and finalists will be announced at the official VIP awards ceremony on 6 May 2010 in central London and Kevin McCloud will present the awards.

For further information on the Grand Designs Awards 2010 click here,  contact Nisha Ashra on 01992 570 030; email nisha@granddesignsawards.com or visit www.granddesignsawards.com

Last week ACID received  an ‘invitation’ from expo-guide to ‘update the pre-registered listing in the exhibitors directory’ and stated ’Your entry has been published to date for free under the following event’  above a field on the form that mentioned Birmingham Autumn Fair.

In the accompanying letter it asks for any data corrections to be made and also that on receipt of these modifications a free listing will be activated. 

What it does not make clear is that if you fill in the accompanying form (thinking that you can use it for modifications or to get a free listing) you are signing up to a 3 year agreement at a cost of 1181 Euros per year!  There is a reference to this in the ‘grey print’ at the bottom.

Do not respond to any of these requests – they are nothing to do with the exhibition that you are taking stand space with and if you do have any queries about your show guide listing ring the organisers.  Expo Guide has nothing to do with Emap, UBM, Clarion or any other of the UK Exhibition event organisers. 

Exhibition Organiser EMAP’s recent press release announces that exhibitors and buyers are gearing up for a recession-busting Autumn Fair International at Birmingham’s NEC (September 6-9).  The show will see the launch of thousands of new products that have been designed to kick-start the home and gift industry in the run-up to the vital Christmas trading period and spring 2010.

Feedback from suppliers  participating at the fair indicates that many are cautiously optimistic about the future and are tailoring their ranges to counter the impact of the economic downturn and help retailers boost profits.  Says Louise Young, managing director of Emap Connect Home & Gift: “Autumn Fair is an essential trading platform for buyers and exhibitors. It remains, by far, the season’s largest buying event for home and gift. With retailers generally ordering more frequently, we anticipate an increase in the number of buyers looking for Christmas products and new lines for next year. They will not be disappointed. Suppliers at the fair have met the credit crunch head-on and will be introducing exciting, innovative products with keen price points to tempt buyers.”

ACID Member ‘Adornment by Gilli Reeves’ will debut at Autumn Fair.  Gilli Reeves comments: “I specialise in the design of hand painted commemorative pillows, which are ideal for any occasion. They make wonderful gifts to celebrate any event, such as a wedding, anniversary, christening or birthday.” Her chosen fabric is Ivory Shantung polysilk. Script is added using an acrylic paint, which is pink or blue in the baby line, but gold throughout the rest of the ranges.

Other longstanding ACID members attending Autumn Fair will include The Little Dog Laughed, Lanka Kade, Wellywarmas, John Crane Ltd, Claire Louise. R.V. Astley, CIMC, Culinary Concepts and India Jane – to name just a few.  ACID will have a stand in the entrance to Hall 3 Stand L02 and will be on hand for help and advice during the whole show.

For further information about Autumn Fair open the document below or click on the link.

autumn-fair-pr-2009

http://www.autumnfair.com/page.cfm/link=1

For 24 years, New Designers has been bringing together the very best in UK graduate design, showcasing the work, energy and talent of some 3,500 young designers every July in the Business Design Centre, London, N1. It’s the freshest and most vibrant show of its kind.

Discover the creative energy of the next generation from architecture to animation, furniture to fashion, graphics to glass.

New Designers takes place at the Business Design Centre, London, N1 OQH.  Nearest tube Angel. For information on opening times and traveling to the venue please visit our website www.newdesigners.com

Discounted Ticket Offer £8.50 with code + £1.50 booking fee.  Onsite ticket £14.00