Intellectual Property

On Monday, we had a lecture by Roland Mallinson about intellectual Property.

The golden rule – no golden rule

Copying a dress and making 3/5/10 changes doesn’t make it legal
Protect your own ip
Make sure you don’t inadvertently infringe someone else ip
Two key times when it matters
– risk of plagiarism
– End of degree shows
Life after studies
– employment as a designer
– Starting your own business
What is intellectual property?
– Legal rights protecting rights over the expression of ideas
– It’s a deal with the state
Trade marks
– names, colours, shapes – Burberry
Patents
– Inventions – in Europe it needs to do something, can’t just be an idea
Copyright
– the image, pictures, fine art form
Designs
– clothing, prints,
Who owns the intellectual property?
General position
– designers/creators is the owner,
What can your ip stop? 
Design – same overall impression
How long do they last?
Design- 3 years
Copyright – 70 years after creator dies
Trademark – potentially forever
Patent – 20 years
Cases
An expensive  dress that nasty gal ripped off to sell for £20
Supermarket rip offs
Tablet wars – iPad and Galaxy
Darfurnica: Louis Vuitton vs Nadia plesner
Louis Vuitton bag
What happens if ip rights are infringed?
– right holder takes legal action
– letter before action/cease and desist letter
– litigation if not settled
Other risks
– application for immediate injunction
Breaching a court order
Cases
Gucci v guess shoes
Chloe v top shop
Rihanna v top shop – bought the photo from the photography
Tatty Devine v Claire’s
Posted about it on Facebook
What should I be doing about ip?
 Brand
– choose a good name
– protect it with TM registrations
– use it or lose it
Photographs
– keep reliable records and back ups
– publish low resolution copied
– use digital watermarks and other digital rights
– use C name and date
– license with caution
– consider joining design and artist copyright society
Design and artwork
– pay homage and parody with care
– keep reliable records
– use non- disclose agreements
– publish and license with care
– register your best designs
– consider joining ACID
Rip offs/copies? 
– take care about accusing others
– act quickly
– don’t ignore it
The now and future
Impact of globalisation
Impact of the Internet and digital copying
3D printing
Gill’s Lecture
Intellectual property
– copyright
Chloe v top shop
Rihanna v top shop
Fake clothing/bags/shoes
– trademarks
– patents
– designs
Material costs, labour costs, face value- what it’s worth,
Giving them all the rights
Items being sold at Graduate fashion week
Waiting lists
Looking at the runway to get inspiration on what to buy and get it cheaper elsewhere/on the high street
As soon as it worn by everybody, its not fashion anymore
Christian louboutin – won’t lower his price for lower people
Unlike h&m and Balmain
Places buying the expensive products
Middle East, Japan, China, Russia
Thorstein Veblen – American economist
American apparel – tried to source locally, but going bankrupt
The want wasn’t enough to buy it, it can be bought elsewhere for much less,
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