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Thread: Intellectual Property

  1. #1
    Join Date
    Nov 2017
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    Default Intellectual Property

    Hi guys,

    I am a self employed jeweller and I am looking into creating a patent for my design. I am aware of the rules and regulations but I have just read on the GOV website that..."If you’re self-employed, you usually own the intellectual property even if your work was commissioned by someone else - unless your contract with them gives them the rights."

    Has anyone trademarked their work, or can advise me on why I wouldn't trademark my work as self employed this to me still allows for others to copy my idea.

    I hope someone can help

    Thank you
    Millie

  2. #2
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    Oct 2017
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    Aberdeenshire
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    Hi Millie

    I don't believe that a patent would be possible unless you have developed a completely new material / process / product (i.e. you've invented something new). Looking at the gov.uk website you could claim a design right and register a design but I think you would need to seek advice from a specialist.

    I will keep an eye on this thread though as I am curious as to others experience with this.

  3. #3
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    Millie,
    here you can register your designs:
    https://www.acid.uk.com/

    I am not in the UK so I have no experience. Good luck.
    Les
    Poor old Les

  4. #4
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    Unless you have very deep pockets to be able to take anyone who copies you design through the legal system, I personally wouldn't bother. If its a new design that,s original and has a special way of working you can patent it but It will cost a pretty penny around £5K, I was told last time I enquired. You can get IPO on a name or a logo to stop anyone using your name thats not so expensive but takes a while to do.

  5. #5
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    Jul 2009
    Location
    Romsey
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    ACID are, frankly, a waste of time and space IMO. The only way to protect a trademark, patent or other IP is by having deep pockets.

    I know a former ACID member who was copied wholesale - no pun intended - by a well-known TV shopping channel; ACID sent them to their pet lawyer, who then proceeded to make a complete mess of things. Complaints to ACID got them nowhere.

    There's nothing new under the sun and there's very little that can be done to prevent copying without it costing a lot of time and money.

  6. #6
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    Dec 2009
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    Central London
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    Just keep ahead of the game by coming up with new ideas. After all, how would you enforce your rights in China or India, or even the USofA?

    One thing that is safe is your makers mark registerd at the assay office, combined with a UK hallmark. So advise your buyers to check that for a genuine and superior Millie product. Dennis

  7. #7
    Join Date
    Sep 2011
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    You are confusing various different intellectual properties
    A Patent protects a novel idea or process - an invention -dyson's bagless cyclone cleaners
    a trademark is a name+type face or logo which stands to identify your business (like the twin arches of mcdonalds)
    copyright is the right to give permission for your work to be copied (usually words)
    All astonishingly hard to prove breach of - and very expensive too. In practice you can't protect most things you make as a jeweller unless you come up with something really amazing or live in america where they can get design patents(america has a different international intellectual property system to the rest of the world)
    There are also various torts, such as passing off.
    But I used to teach law and I don't bother with any of it
    Author: Pearls A Practical Guide
    www.pearlsapractical.guide
    www.Pearlescence.co.uk

  8. #8
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    Aug 2009
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    London
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    I got some advice from an IP lawyer after a well known bracelet and charm company copied some of my designs, but Peter is right, unless I had a lot of money to pursue it there really wasn't anything I could do. It's rubbish!

  9. #9
    Join Date
    Nov 2014
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    Cheshire
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    That's so unfair Lauren, wish there was something you could have done. I heard a talk from the chap from Boodles (think it may have been Michael Wainwright), who said that people copy all the time - but usually just a phone call from him does the trick when they copy Boodles stuff. I guess they have a bit of weight behind them, its not so easy as an individual though.

  10. #10
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    Jul 2009
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    Romsey
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    Quote Originally Posted by joella View Post
    ...usually just a phone call from him does the trick when they copy Boodles stuff.
    Mmm. Spoke to him after a customer stiffed me on some CAD work because they changed the brief from "a bit like" to "a direct copy" (which I wouldn't do) - then went on to make it themselves.

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