SME Access to Small Claims IP Court set for 2012

After over a decade of representations to Government to improve access to a cost and time effective framework to address IP infringement issues for small businesses, ACID is delighted that the Government has confirmed today that a new small claims service will be introduced at the Patents County Court to give SME’s easier access to deal with copyright, patents, trade marks and design infringement. The Government announcement states;
“Currently, small firms are often put off enforcing their Intellectual Property (IP) rights by high costs. The new process will limit fixed costs and allow damages of up to £5,000 per case. New figures produced today by the Intellectual Property Office (IPO) estimate that around 150 firms will benefit from the service every year, providing an annual boost to UK business of £350,000.”

The recommendation for a small claims service, made in the Hargreaves Review of Intellectual Property and Growth was supported by ACID.  However, ACID believes that the Government figure of just 150 firms potentially bringing cases through the new system seems unrealistically low in terms of the infringement cases it hears about on a daily basis.

Dids Macdonald, CEO of ACID commented “This is a significant step forward to support small businesses in their continuous battle against copyists but it will only work effectively if the system itself is user-friendly and free from cumbersome bureaucratic and legal process complications. For the majority of UK’s 232,000 design community who have less than 4 employees and find it cost prohibitive to pursue legal action this will be a welcome initiative. We hope it will act as a deterrent against copying and provide a boost for growth and development. It is further good news, following the previous announcement of a separate fast track Patents County Court system, that smaller designers and innovators now have an improved legal system to protect their intellectual property rights and business interests.  I would like to thank those that contributed their experiences to the ACID submission to the Hargreaves Review and we hope that our latest submission to the Government’s Call for Evidence on Design will continue to bring about design law reform in other areas, chiefly addressing the disparity between copyright and design right.”

Minister for Intellectual Property Baroness Wilcox said: “We hope to have the new system in place by this time next year”.

Dear ACID members

We need your help to affect positive change in new UK design policy!

As a result of the compelling submission from ACID (and other groups) to the Hargreaves Review of Intellectual Property, the creation and shaping of new design policy has been brought to the forefront as one of its top 10 IP priorities with Government endorsement from the Prime Minister.

Since then, The ACID team has been collaborating with its diverse network within the design community to help the UK Intellectual Property Office gather the right sort of evidence to influence and shape future policy to support design – a critical contributor to the UK economy – 2.4% or £33 billion at the last count! This is why I am writing to you for your input by completing the UKIPO questionnaire. It will only take a few minutes of your time and can be completed on the UKIPO website

ACID Requests!

In addition, to strengthen the ACID main submission and recommendations, please would you help us by sending your case study evidence, this is a unique opportunity and it will only happen with your collaboration. We need your own examples of copying issues – real, hard evidence to support the case for policy improvements. The UKIPO will subsequently make their recommendations to Government. Please used the attached document as a guide.

Please send these to dawn.perry@acid.uk.com or directly to dids.macdonald@acid.uk.com

The ACID team has spent the last 10/15 years helping to ensure that design’s voice is heard on IP issues and now, through a united approach, we can influence real change. It is the first time that design is included as a mainstream Government recommendation and depending upon the strength of the case we can put forward, there will be a full consultation prior to an opportunity for potential legislative change in 2013. Questions are already starting to be asked in Parliament on design IP issues.

On behalf of us all at ACID and the wider design community, we very much welcome your support and would appreciate your responses by 7th November so that we can submit them by 11th November. We would personally welcome any further thoughts you may have on strengthening our case so please do pick up the phone or send us an email

Best Wishes

The ACID team

CEO Dids Macdonald with Mr Guriqbal Singh Jaiya, WIPO Director of SME Division

Following an invitation from the World Intellectual Property Office (WIPO) sponsored by the European Patent office (EPO) to a two-day SME and IP event held in Munich last week, Dids Macdonald CEO of ACID took the opportunity to raise awareness of the extensive use of unregistered and informal IP rights by the creative industries in the UK. Statistics from around Europe reinforced the fact that the UK is not alone in the distinct lack of formal IP registrations to support their business models.

Representatives from many national IP offices and other relevant institutions in the Organisation for Economic Cooperation and Development (OECD) shared their experiences in work being undertaken to help raise awareness about the significance of IP training for those involved with training the intermediaries who interface with SME’s in business mentoring. “Train the IP trainers effectively” was one of the key messages being discussed by delegates. Access to the EPO IP4inno website, which is an excellent site offering training modules for those involved in IP mentoring. The ip4inno project is funded by the European Commission as a part of the Sixth Framework Programme for Research and Technological Development. Its main aim is to help small and medium-sized enterprises (SMEs) enhance their understanding and use of intellectual property rights with a view to promoting innovation and competitiveness in line with the European Commission’s Lisbon goals.

Dids Macdonald, talking about ACID experiences emphasised the importance of providing one to one IP clinics on a wide variety of subjects, access to expert help at the end of a telephone and a proactive approach to communication of an IP strategy both internally and externally through the supply chain. Speaking at the event, Dids said, “The UK comprises of many micro and small businesses and designers account for approximately 232,000 but the majority of them have less than 4 employees. As such, many small firms are isolated and IP law can seem very complex, so it is important to move towards uncomplicated user friendly access to practical IP help and information”. Dids introduced ACID’s latest self-help tool for businesses sending confidential information by email, the IP Tracker. A simple to use cost effective tracking of confidential IP content to third parties. This works in harmony with ACID’s Design Data Bank which holds approximately 300,000 copies of members’ designs.

The Alliance Against IP Theft & Action for Children are holding their annual Biq Quiz night on 3 November 2011 at Lords Cricket Ground. Ticket prices are as follows:

• Individual Ticket: £125 plus vat
• Team of 8 players: £950 plus vat
• Tour of Lords: £15 per person plus vat

If you would like to attend the Big Quiz either as an individual or a team please download and fill in the registration form – Big Quiz Night Registration Form

Return registration form to Jenny Fraser:

Via email: jenny.fraser@actionforchildren.org.uk

Via post to ACTION FOR CHILDREN, 10 Great Queen Street, London, WC2B 5DG

ACID (Anti Copying in Design) welcomes the latest Government initiative with their announcement to raise business awareness to avoid falling foul of current IP laws. There are now clear guidelines to provide companies with up to date employee information to ensure that they are not breaking the law. Baroness Wilcox, Minister of Intellectual Property, who launched the new initiative said, “The new guidance was an example of Government, enforcement agencies and industry working together and raising awareness of managing IP in the workplace. Intellectual Property rights are essential to the success and growth of any business. However, many companies can leave themselves open to prosecution if they or their staff infringe the IP rights belonging to other companies or individuals.”

To avoid criminal offences (and potential fines of up to £50,000 and/or a possible prison sentence) taking place in the workplace employers should take a simple IP Health Check. If the answer is “NO” to the questions below, immediate, free and simple guidance is available on the IPO website

• Do your employees know that they cannot sell copies of protected works?
• Company IT equipment and servers – Are your staff aware that it should not be used to produce infringing content?
• Are employees aware that they should not use the company equipment to sell infringing products to colleagues?
• Do you have a company policy for staff on IPR infringement, procurement?

Dids Macdonald, ACID’s CEO said, “Taking time to look at these guidelines will help businesses protect themselves from legal challenge and, I hope, raise awareness about corporate responsibility and respect for IP. This comes as a very welcome addition to ACID’s Guidelines for Design Buyers which was launched several years ago to help design buyers through what they could and should be doing to protect themselves and their staff from infringing the rights of design originators.”

IP MINISTER ISSUES INVITATION FOR DESIGNERS TO BE INVOLVED WITH FUTURE INTELLECTUAL PROPERTY DESIGN POLICY

ACID (Anti Copying In Design) welcomes an open invitation to the UK design sector from Baroness Wilcox, Minister for Intellectual Property, to shape future IP Design Policy, at an event held at the Design Council to encourage initial debate on what makes the design industry tick. Lady Wilcox said, “I urge the business community to participate in this call for evidence and help shape the future of design in the UK.” This could not come at a more timely moment following Professor Hargreaves recommendations that this sector of the creative industries had been neglected in the past. “Investment in design in the UK,” said Lady Wilcox, “Contributed £33 billion or 2.4% of the UK’s GDP in 2008.” 

Dids Macdonald, CEO of ACID, a panellist at today’s event said, “This is a very encouraging start but it will only be effective if the whole design sector is prepared to contribute, with real evidence and case studies to highlight some of the challenges facing design through IP infringement and Government listens and acts.  This is a huge opportunity for designers to speak out about their IP issues!”

Right, Baroness Wilcox earlier this month following a meeting with ACID Members Dan Black of Black & Blum and Rodney McMahon of Morgan Contract Furniture (also Chairman of BCFA and Honorary President of FIT) together with representatives from BDI.

Macdonald continued, “Innovation happens irrespective of IP rights but designers should demand a robust IP framework from which to achieve growth through ROI, reinforced by a realistic, cost and time effective legal framework to address infringement, with appropriate exemplary damages. Without this, growth will be eroded and jobs threatened. This, alone, would go a long way to discourage those who take the fast track to market by free riding on the back of the UK’s designers who are, undoubtedly, some of the best in the world.”

Design rights are complex. The majority of the UK’s 232,000 designers do not rely on registered rights and have less than 4 employees.  Therefore, it can be too expensive to take legal action, not to mention the debilitating negative effects which make running a small design led business almost impossible in the face of the uncertainty of potential infringement.  More importantly, Britain’s designers do not have the significant benefit that European counterparts have in being able to rely on unfair competition law.

ACID will be working closely and positively alongside the UK IPO to ensure that design’s voice is heard loudly and clearly with the creation of sound policy and tangible actions to support this important part of the economy.

Statement from IPO on 21/9/11

The Government has today issued a ‘call for evidence’ (1.31Mb) in relation to the design sector and launched a supporting online questionnaire/survey aimed at business.

Baroness Wilcox announced the publication of the first phase of research into the use of design rights in the UK. The research shows that the most intensive spenders on design in the UK are business services, manufacturing and construction sectors. Relative to other countries in Europe the UK spends significantly on design related products and services; but there is very low awareness of design rights. The research also found that registered design rights are used mainly in specific business sectors, such as furniture and clothing.

These reports are available via our IP Research area.

The full Government response (402Kb) to the Hargreaves Review, along with the IP International Approach (580Kb) and IP Crime Strategy (413Kb) are available on this website.

•  ‘Digital Opportunity: A review of intellectual property and growth’ is available on the review website.
• A full copy of the Government response to the Hargreaves Review is also available on the BIS website .
• For further information, please contact Dan Palmer on 0207 215 5303 or e-mail communications@ipo.gov.uk. 

ACID (Anti Copying In Design) is proud to announce that the London Design Festival has recently become an ACID Event Partner. It is a great pleasure for ACID to be associated with such a prestigious and creative event, which has been running since 2003 and, which has now become one of the world’s most important annual design happenings.

Visitors to the festival’s information point, found at the Victoria & Albert museum, may pick up an ACID leaflet. The ACID team is happy to support all members exhibiting at the festival, and they may call the ACID hotline number 0845 644 3617 to speak directly to a member of the ACID team should any assistance be needed.

ACID members please let us know if you are taking part in the festival (dawn.perry@acid.uk.com)

More on the London Design Festival here: www.londondesignfestival.com

Best wishes from ACID for a fruitful and inspired festival!

The Alliance Against IP Theft is a unique coalition of trade and enforcement organisations, providing a single voice for those who share an interest in preventing intellectual property theft in the UK.

On her appointment Macdonald said, “There has never been a more important time, in The Alliance’s impressive history, to play a key role in its future and particularly now that its resonance is being heard loudly and clearly across the entire IP landscape. I look forward to representing the issues and interests of all the Alliance’s members, who are varied and diverse, but unified in the recognition of IP as a positive force for the UK’s growth strategy.

Whilst we await Government’s response following the Hargreaves’ Intellectual Property Review recommendations, it is timely that design has finally been acknowledged as a key contributor to the UK economy. Latest figures confirm that UK businesses as a whole invest £65 billion in IP creation of which £23 billion is spent specifically on design. The tide cannot change too soon to see tangible evidence from Government that the creative and knowledge economies will provide that vital conduit providing growth and employment.”

Outgoing Vice-Chair ACG Director General Ruth Orchard said, “The Anti-Counterfeiting Group will of course continue to be an active member of the Alliance and I look forward to supporting Dids as she picks up the challenge! I know that, for her part, she will ensure that the interests of all Alliance members continue to be well-represented; not least those of brand owners in their continuing fight against the global threat of counterfeiting.”

Over the last decade ACID has been a prime mover and champion in raising awareness about issues on behalf of the UK’s designers. A key recommendation from the Hargreaves Review is that there should be a significant improvement in the role of IP in supporting this important branch of the creative economy.

DESIGN FOR GROWTH SUMMIT

At a ‘Design for Growth’ Summit held at the Design Council over 150 representatives from the world of design, government and industry, and hundreds more online, heard Universities and Science Minister David Willetts confirm that, “Design forms an integral part of the Government’s plans for innovation and growth and it will be a prominent feature in our upcoming Research and Innovation strategy. Good design can help business to thrive and improve public services and with over 230,000 people employed in our design industry it makes a significant contribution to our economic wealth with £23 billion spent on UK design in 2009. It is great that Jonathan Ive of Apple and other world leaders in design are here to inspire the next generation of British designers. ‘Design for Growth’ brings together leaders in design, business, policy and education to discuss measures to stimulate growth in the economy.”

Alongside Jonathan Ive, Senior Vice President of Industrial Design at Apple, at the Summit, other guest speakers included Ian Callum and Gerry McGovern, Design Directors at Jaguar and Land Rover and Kevin McCloud, author, broadcaster and designer.

David Willets continued, “The UK has a world class design sector and we need to maintain our role as a global leader, which is why we have continued to support the Design Council by investing £4 million.  In line with the Government’s Plan for Growth, the Design Council will refocus its design mentoring product, Designing Demand, on manufacturing firms and particularly those with advanced manufacturing capability.”

Minister of State for Business and Enterprise Mark Prisk said, “It is great news that a number of small and medium-sized manufacturing businesses will be given the chance to have free design mentoring over the next year. Companies must innovate and stay ahead of their rivals to be successful on a global scale. That is why we are making these crucial investments in industrial innovation. Today’s announcement is just part of a range of business mentoring opportunities to help small firms grow and prosper. We will shortly be launching a new network of business mentors which will help SMEs get advice from those who know best.”

Attending the event, Dids Macdonald, ACID’s CEO said in response to Mark Prisk MP’s statement that there was a need to strengthen IP rights within design, “I welcome the fact that this is the first time I have heard design and intellectual property mentioned by a Government Minister as a significant objective within the design sector.  Professor Hargreaves’ Report on Intellectual Property exposed a huge loophole and a lack of clear policy on IP within design. I would like to ask you and the group whether there is support for the creation of a UK Intellectual Property Tsar to match a similar initiative in the USA? President Obama has confirmed US intellectual property as its greatest single asset; shouldn’t we do the same in the UK?”

Yesterday’s publication of the UK’S Intellectual Property Hargreaves Review finally recognised designs’ significant contribution to the UK’s GDP. Professor Ian Hargreaves has made it known that he cannot understand why design has been neglected as a big chunk of the UK’s economic success. He will be urging Ministers to ensure that the UKIPO is held accountable to create constructive IP policy to help the UK’s designers, many of whom are SME’s. This will be music to the ears of small firms and, more specifically, to UK’s designers who often find themselves out on a limb. At a time when design companies need all the help they can get in fighting IP theft, we hope that the Government will act positively on these recommendations. Despite 6 IP reviews over 4 years, very little has been done to help small firms within the creative industries. It is now time to address the costs and complexity of enforcing intellectual property rights within the UK by the setting up of a fast track small claims IP court. SME’s will also be helped by improving access to specialised services to protect, exploit and commercialise their IP. All of these issues were raised in ACID’s submission to the review.

Dids Macdonald, CEO of ACID representing over 1000 UK designers and manufacturers said, “Creative design pioneers are among the champions of the UK economy and they deserve to be protected and supported. There is a need for IP policy now that walks the walk, not talks the talk, with a real cost and time- effective enforcement framework. Dissuasive damages are needed to act as a real deterrent.  This report goes some way in acknowledging the issues faced by designers but I seriously question the necessity for further research into assessing the relationship between design rights and innovation. The consultation culture has to stop – the real work must begin with tangible implementation and a change of deliberate policy by those who take the fast track to market through design theft”.

Announcing the publishing of the Hargreaves Review at the Alliance Against IP Theft Conference, Business Secretary Rt. Hon. Dr. Vince Cable MP said, “This is not the end of our thinking about IP and growth. It is the beginning of turning thinking into doing.”

The Hargreaves Review highlights research which states that SME’s felt there were too many services available and it was difficult to choose the right one. Some said they could not tell which services were reliable or trustworthy but the majority indicated that they would be interested in having access to an intermediary who could provide basic advice on IP in place of a legal advisor – something that ACID has been doing for the past 15 years effectively! With a UKIPO budget of 69.4 million in 2010, Hargreaves said, “The IPO undoubtedly has the potential to improve the availability of IP services to SME’s though it will need to consider the balance of benefits between direct provision from its own staff and working with a well organised network of intermediaries. To accomplish either of these things effectively and on a sustained basis will require greater clarity in the IPO’s mandate and an evolution in its culture.”

The report did not recognise ACID’s arguable case for Design right to be on a par with other property rights – such as copyright and unregistered trademarks. Copying should be considered a crime, as copyright infringement is, they are the same ‘species of rights’ but the sanctions are different. This leads to widespread poor practice. Ideas are stolen from pitches, or from trade fairs, the point of entry to the market for most businesses. Unlike their EU counterparts, exhibition organizers in the UK don’t take a tough stance on IP infringement

The full report is available on the IPO website

The top ten recommendations can be viewed here