Intellectual Properties

DESIGN RIGHTS:

Design rights cover the whole aesthetics of the design itself. It protects the appearance of new products and the individual characters which can be found on it: lines, colours, contours and texture. Design rights are also about £40 in the UK. They are relatively cheap rights to be enforced, and are commonly more used as a marketing tool. With a larger company, such as Burberry, the shape of the bag or the patterns aren’t always design protected as there are so many different new collections being created; which also causes many problems over time. 

MORAL RIGHTS:

This is where you have the right to be acknowledged as the creator to the work, as you have the copy right protection, however it cannot be assigned, it can only be waived within the industry. This lasts for the life of the creator, plus 70 years after their death to protect the piece. 

CONFIDENTIAL INFORMATION:

This is information which isn’t known by many; such as the ingredients of Coca Cola so that it cannot be copied and replicated; you as the creator want the rights and the protection from this so that you have an individual product. 

When creating a design, product, idea, you need to make sure that you have looked at what is already copyrighted and a document to show your development process which you have undertaken. Make sure everything is dated and noted, to make sure that you have security behind it. Also, owner ship need to be thought of, so that you are another can use the product, coming to an agreement. Make sure that you read the contract which has been given to you, so that your royalties are high enough and that you are defining yourself as well as the company.

Alexander Wang

For the last 3 months there has been something that has been top on many fashion followers calendars; the Alexander Wang release for H&M. The event was open to those with an early bird ticket which were rare. With faces like Ellie Golding, and champagne, live music and the chance to get their hands on the first Alexander Wang pieces, it was packed that night, and by mid-day on Thursday the website had crashed and all stock had been sold. This sudden rush for H&M is why it is so developed and ahead of many other high street shops, as it offers something different to entice new customers as well as holding onto the existing. This is key, not only for the store but for the individual designers as it allows a large audience for the brand as the prices and the audience have changed to suit the occasion. It is, and will always be remembered as an incredible event. 

http://www.hm.com/gb/

Copyright

Copyright protects the expression of create and artistic work; such as music, sounds, dramatic and art work – each piece of copyright is original. Copyright is also automatic and doesn’t need to be registered at all. Copyright can be enforced by the logo, your name and the date it was published. There however are regulations, there needs to be a certain amount of skill and effort, it cannot be already copied, and even derivative work can be original and copyrighted. having a copy righted piece means that you do have exclusive rights however when it comes to working and being contracted this can become very complication. These are the rights you have as a copyrighter:

• Copying the work
• Issuing copies to the public
• Rending work
• Adapting work
• Communication
• Secondary selling and distribution
• Performing showing and playing work

Also, there are many exceptions of the rules of copyright; meaning that you can use it for private study and non commercial research, as well as teaching in schools and colleges. Reporting current events and criticising and reviewing the copy right can also occur. It is however a very grey area and depending on the legal rights of the copyright it can become very complicated. Infringement can also occur with a park or the whole of the copy.

TRADEMARKS

• Trademarks make an indication of the origin of goods and services; marks that distinctive business from the other; gives you individuality and promotes your own work through the trademark. This works by Application and Registration in the relevant class and territory. Trademarks are normally distinguished through: Letters, numbers, colour and shapes. If the trademark however isn’t registered in a different country the trademark which is personal to you can be used somewhere else in the world if it is not registered correctly.

• Half a million pounds to register Trademark around the whole world. Fashion is quite often created in Asian countries, which is why a lot of support and Law Trademark Registrations can be found in those particular countries. China keeps a very close eye on what happens and emerges in the UK, so trademarks are key to keeping the industry fair and unique to each brand to make sure that you aren’t ripped off.

• You can however use the same name, such as Polo, for a different brand. Polo is used for cars, clothing and sweets, however each element of the name is very different and a different sector within the industry.

• Pictures or symbols such as the Nike Swoosh, Burberry Check and the Red Soles of shoes are all trademarked, meaning that no other company can use this as it is individual to that country. You can also make individual positions within an outfit, such as the Fred Perry double stripes on the colour and the edge of the arms to keep the brand unique and different from the others; this enable as theme and key understanding for the brand too.

• Requirement have to be capable of graphical representation, distinguishing goods and services, not descriptor and not contrary to public morality and policies, this enable each and every one of us to have the same chance and the requirements. They last for 10 years, but have to re renewed, but if they aren’t used of the product isn’t launched within 5 years, the trademark can then be cancelled.

• If you do not have the money to create a trademark, you still have the rights to individual use. £170 is how much it costs to create the Trademark; with it registered however it is better to get proof of registration. Infringement is also very common within the industry; you cannot have: Identical mark, goods or services; confusion within the products; and repetition, misrepresentation and damage. Vivienne Westwood’s logo was found to have been Infringed by Red Planet – You have to be incredibly careful with infringement as it can end up in court.

• A Patent is a national right, has to be applied for and granted by individual countries. These normally last for 20 years or so; they can be a description, claim or a drawing which you are trying to protect.