With the furniture and furnishings sector being one of the worst hit when it comes to IP theft, it is all-important that designers and manufacturers protect themselves. Here, ACID’s CEO, Laura Newbold Green, shares vital advice on protecting your IP against AI and copycat threats and details the valuable resources and expertise that ACID can offer.
Intellectual property (IP) is the foundation for all designs, creative works and brands. Like any business asset, IP is fundamental to the growth, stability and longevity of a business, whether lone, micro, SME or corporate. IP is a business matter, not a legal issue!
IP theft has long been, and is always, happening. Sad though it is, there will always be a copycat in one form or the other looking to profit from somebody else’s arduous creative journey with a copy of the original design, image or idea. Sadly, in ACID’s experience, the most copied sector is the furniture and furnishings sector, so becoming IP ‘savvy’ is a must.
The trouble is, it is not just Goliath copycats we have to worry about; now the bots are at it too, and this is even more concerning with anonymised algorithms silently becoming more powerful by the nanosecond.
The recent campaigning and media exposure regarding Artificial Intelligence (AI) has brought IP infringement to the forefront of everybody’s minds in a way not seen since the Trunki design rights case of 2016, which brought IP into the public domain in a big way. Now, with AI scraping our data left, right and centre, suddenly stealing ideas is something we should all be worried about.
Whether it’s just a quick post on social media or your business at stake, ownership matters now more than ever. This is where IP deterrence is absolutely key, and evidence trails are absolutely essential to prove ownership.
And help is at hand to ensure you have the tools to achieve this.
Anti Copying In Design (ACID) is the UK’s leading membership & campaigning organisation for IP rights. ACID is a trade association for designers and manufacturers with a diverse membership, ranging from individuals to multinationals, and spanning many industry sectors.
Our organisation is committed to fighting design theft and lobbying Parliament for design law reform and respectful, compliant and ethical practices in AI use.
Evidence and Deterrence are two of ACID’s five key pillars. If you do nothing else, employ these two factors to keep your IP protected against AI and copycat threats:
Evidence
An audit trail to chart your design progress, from idea to marketplace, is a key element of your preparation during the various stages of design (concept, design drawings, prototypes and different progress iterations). Ensure you sign and date all your work!
Very few ACID member IP issues reach a final court hearing, as most ACID member cases have settled based on strong evidence to support their design rights, i.e., have reached a settlement through an exchange of legal letters or a legal letter has acted as the required shot across the bows.
Should you ever suspect anyone of copying your work, or if ever you are accused of copying, you will need to provide an audit trail to prove the date of creation and ownership. ACID members have unlimited use of the ACID IP Databank – a FREE, secure vault for members to upload designs and important documents to obtain a Police Intellectual Property Unit (PIPCU) endorsed certificate with a unique, tamper-proof number. This gives 3rd party evidence for that all-important audit trail and has proven successful in taking down copies on online marketplaces such as Amazon and TEMU, as well as being used successfully in court. The ACID IP Databank also has a 10MB file limit, so you can even upload videos.
It’s also extremely important to ensure you have robust agreements in place; whether you’re commissioning work, a freelancer or looking to license your work, knowing where you and any other parties stand is imperative should any issues arise down the line. ACID has a range of legal agreement templates to download and complete. Always seek legal advice before submitting any agreement to the other party.
Deterrence
ACID members are licensed to use the ACID logo on all their marketing collateral, which is a powerful deterrent to would-be copyists. It sends a clear message to all who see it that you know your IP rights and are part of a community that respects IP, supports its members and has zero tolerance for IP theft. ACID has a long track record of successful settlements coupled with a proactive ‘naming and shaming’ exposé in trade media about those who don’t play by the rules.
ACID members have access to an hour’s free legal advice per issue, and reduced legal fees thereafter, from a choice of six legal affiliates. If you’re in any doubt about disclosing anything, need advice on how to protect your work or have any IP queries or concerns, our legal affiliates are all IP specialists and here to help. It’s important not to give anything away too early on until you’ve had legal advice. It might be that you have come up with a potentially patentable process or a new sustainable material.
Equally, trade secrets are your hidden weapon. Keep anything like recipes, manufacturing processes, business agreements and so on to yourself. Treat your own trade secrets like crown jewels; they differentiate you from competitors.
Keep up to date with IP and AI developments on ACID’s events page and news desk. ACID run a number of free webinars on a variety of IP subjects on a monthly basis, and ACID members can access previous webinar recordings at any time.
If you don’t want to be copied, say so! There’s no more powerful message on your website/marketing material. Something along the lines of, “All the intellectual property in our designs belongs to (your name). Any infringements will be pursued seriously.”
Sign our AI and IP Charter and pledge your support to Respect, Compliance and Ethics in IP.
Follow our vital campaigning work!
To find out more about ACID’s work, our organisation, membership benefits or anything else, please email [email protected]. You can also subscribe to our magazine and read all about our work and membership community.
