ACID (Anti Copying In Design) Ltd

ACID (Anti Copying in Design) is a hard-hitting trade organisation representing 1000+ companies from 25 different industry sectors. The organisation is committed to fighting intellectual property theft to safeguard innovation and ensure that IP can be fully protected, exploited and commercialised.

ACID PRESS RELEASE 12th August 2011

TEMPLE ISLAND SCORE COPYRIGHT VICTORY OVER NEW ENGLISH TEAS

ACID (Anti Copying in Design) member Temple Island Collection have scored an early victory against New English Teas in the first of a two part intellectual property case heard in the Patents County Court. Having settled the original dispute about the infringement of its iconic “Red Bus” image a dispute arose about the exact scope of settlement. In addition, New English brought out a second image which Temple alleged infringed its copyright. At a case management conference in June 2011 HHJ Birss QC decided the issues relating to the settlement of the first image could be hived off and dealt with separately and on paper. The second image issue will proceed to Trial in November 2011.  Three main issues required determination relating to the settlement.

The first was the Royalties due under the settlement. New English had agreed to pay 5% of the trade sale price of all past and pending sales of the first image. Later, New English attempted to reduce the royalty on “multi-packs” by 66% on the basis that of the 3 items in the multipack only one featured the first image. Temple disagreed, saying that it was clear that the parties had in mind a 5% payment on the sale price of the product sold which included the image. HHJ Birss QC agreed with Temple, the parties had not invented some complicated mechanism to decide the royalty and Temple’s reflected the parties’ intentions when viewed objectively.

The second issue was the amount of costs payable (by New English) for drafting a licence agreement, the rival figures being £500 and £2000. HHJ Birss QC accepted Temple’s submission that the time taken to draft the licence was not the only factor but that other factors, such as expertise and the value of the document to the parties, were relevant  and awarded £1500.  

The third issue was as to whether or not the settlement required New English to enter into a formal licence, and whether that licence should include an ‘open book’ accounting term. This depended upon HHJ Birss QC analysing correspondence between the two parties’ representatives, and he ruled there was no requirement to enter into a formal licence. The Judge however indicated that he would have included an open book term had he found a licence was required.

New English have had to pay over £14,000 to Temple Island for royalties and the licence agreement as well as a previous unpaid amount in costs. Andrew Lee of ACID Accredited law firm McDaniel & Co. said, “This signifies a significant moral and financial victory for Temple Island heading into the determination of the second image in a trial set for November 2011.”

Justin Fielder, Managing Director of Temple Island Collection commented “It has been a long, exasperating road to get to this point, but we were obviously justified in taking this action to protect our intellectual Property rights and are pleased the court agrees.”

Dids Macdonald, ACID’s CEO said, “HHJ Birss QC would appear to be true to his word on simplifying the legal process at the new PCC, by giving both parties tight deadlines and page limits to adhere to relating to submissions. Inevitably, this leads to a more cost and time effective resolution, in this case in favour of ACID member Temple Island.” 

ACID PRESS RELEASE 11th August 2011

ACID (Anti Copying In Design) CEO Dids Macdonald appointed Vice Chair of the Alliance Against IP Theft

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.  

www.allianceagainstiptheft.co.uk

ACID PRESS RELEASE - 13th July  2011

ACID INTELLECTUAL PROPERTY (IP) STEERING GROUP SCORES FIRST HIT WITH EMAP!

Accredited Spring & Autumn Fair show organisers emap support ACID IP Steering Group initiative

Following the exciting news that emap’s IP policy is now going to be ramped up after meetings with ACID’s Dids Macdonald on behalf of the Spring & Autumn Fair IP Steering Group, a new layer of Intellectual property (IP) focus is being included in a confirmation letter to all exhibitors when they sign up to either exhibition, that they have responsibility to adhere to ALL emap’s Terms and Conditions. The letter, as well as outlining what evidence will be required to prove IP ownership, will be reminding exhibitors to confirm:

• They own the intellectual property rights or have the right to market and sell the products on their stand
• They do not infringe the intellectual property rights of a third party
• Their products will not be inaccurate, obscene, defamatory or disreputable
• ‘The Exhibition Organiser’ reserves the right to remove products from stands if it believes they are infringing those of a third party

We hope other exhibition organisers will follow the ACID IP Steering Group recommendations to ensure a safer trading environment for exhibitors and to create a stronger message, to those who do not adhere to stringent standards of IP probity, that they will run the risk of their products being removed.  

Mike McLintock of 95Percent Ltd who was a prime contributor in one of the emap/ACID meetings said, “Most media has full IP protection so it is outrageous the same is not true of the design industry. Our frustration at being unable to remove a clear copy at the last Spring Fair convinced us to challenge emap to join us in ensuring those that insist on copying pay a high penalty.”

IP Steering Group member, Angus Gardner, on behalf of Caroline Gardner Publishing Ltd. said, “It is a great first step that emap has taken this decision to highlight to companies that they have these obligations with regard to IP integrity.  It would be good to get a similar commitment from them that all the visitors to their shows have similar intent.”

ACID’s CEO Dids Macdonald added, “The exhibition industry is worth big bucks. In the UK it is worth £9.3 billion which is no great surprise because exhibitions and trade fairs are still the most important venues and launch pads for marketing and testing new products and ranges. If exhibition organisers like emap are encouraging innovation as a key market differentiator, there is an onus to communicate a zero tolerance of IP theft to both exhibitors and visitors. Following meetings held over the past 18 months and the submission of draft documents, I am delighted that emap are tangibly supporting the creative industries with a new, revised IP focus. Having worked positively with Spring & Autumn Fairs over the last decade, providing support with the ACID Exhibition Protocol for complaint handling, this is a real USP for all existing and potential exhibitors to their exhibitions.”

ACID PRESS RELEASE - 24th June 2011

 ACID WELCOMES GOVERNMENT’S COMMITMENT TO DESIGN AT GROWTH SUMMIT

ACID PRESS RELEASE - 15th June 2011

CHANGE IN LAW FOR PATENTS COUNTY COURT

SME's - Easier access to Courts to pursue infringement cases

Following much pressure from ACID and other industry organisations, yesterday's announcement of a new law will give SME's better access to justice to protect their rights by introducing a damages cap of £500,000 for claims made in the Patents County Court (PCC). Government believes that following the introduction of this simpler legal framework small companies claiming damages up to that amount are less likely to face a considerably more expensive trip to the High Court.

ACID welcomes The Patents County Court (Financial Limit) Order 2011 which gives more clarity of what disputes can be heard in the PCC and which ones should go to the High Court.

In practice this means that if a legal case is worth less than £500,000 there is more certainty about the levels of financial risk.

Dids Macdonald, ACID's CEO said, “This has been one of our key lobbying objectives for some time and whilst we welcome, as a first step, a more accessible justice system for SME's to enforce their IP rights. We also need a fast track IP small claims court for micro enterprises, who form the majority mass within the creative industries, and who will still find it prohibitively expensive to take legal action. We are cautiously optimistic towards this positive first step by a Government which appears to be serious about providing access to more cost and time effective justice in order for SMEs to enforce their intellectual property rights." 

ACID PRESS RELEASE - 25th May 2011

IP IN DESIGN – THE PENNY FINALLY DROPS – Hargreaves IP Review

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, ACID hopes 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, at present, do not take a tough enough stance on IP infringement.

Anti Copying in Design) is a hard-hitting action group which exists to assist its members within the creative industries to protect and commercially exploit their intellectual property. www.acid.uk.com 

Address Details For All Enquiries: PO Box 5078, Gloucester Central, GL19 3YB Tel: 0845 644 3617  Fax: 0845 644 3618 E-Mail: help@acid.uk.com www.acid.eu.com Office Hours:  Monday to Friday 9.30am to 5.00pm

Contact: Dids Macdonald T:0845 644 3617 M:07979 854834 E: didsm@acid.uk.com