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Acid: the # N E W S L E T T E R Voice Against 59 Design Theft

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Acid: the # N E W S L E T T E R Voice Against 59 Design Theft Y I N G I N C O P D E T I S I G A N N ACID: THE # N E W S L E T T E R VOICE AGAINST 59 DESIGN THEFT GUEST EDITOR RACHEL JONES Snapdragon Monitoring Pages 6-7 FIESTA STUDIOS LTD. HALTS COPYING Page 8 ACID BRAND ENFORCEMENT Pages 10-11 MASTAPLASTA SCOOPS TWO QUEEN’S AWARDS Pages 14-15 ACID NEWSLETTER CAMPAIGNING UPDATE ACID’s overriding objective is concerned with campaigning to ensure intellectual property rights are valued in the UK and that a robust, efficient legislative and regulatory regime exists enabling these rights to be properly protected and enforced on behalf of its membership. Consultations China Responses to IP consultations form much We continue to send out a China update, of the basis of ACID’s ongoing connectivity often including news from the UK Embassy with Government, to ensure that design’s in Beijing, Tom Duke, the UK’s IP Attaché voice is heard with key influencers The and also Mick Ryan of the CBBC. If any ACID value of our membership of the Alliance member would like to be added to the for Intellectual Property cannot be email group please let us know. If you have Number 10 and Brexit underestimated, opening the doors to some useful news to share with members conversations with Ministers, MP’s and please email it to [email protected]. During a recent visit for a meeting at policy officials to put design’s voice at Number 10 with Paddy McLoughlin, Head the forefront. This year the Alliance has of the Prime Minister’s Policy Unit we were responded to; USA able to take our campaigning right to the top. Our focus, as ever, remains on these ➜ I PO Call for views: Illicit IPTV In March Dids met officials fromPresident main campaigning objectives: streaming devices (2017) Trump’s IP staff in London and was able to articulate our concerns. One of the main Post Brexit - to create a new UK ➜ IP O Call for views: Modernising difficulties in getting the UK/EU message unregistered design right to cover all the European copyright over is that in the US design patents (and aspects of a design and which lasts for a framework (2016) in China too) offer very different levels of minimum of 15 years from first placing protection. a design on the market. We call for the ➜ C MS Select Committee - The consolidation of copyright legislation, impact of Brexit on the creative removal of UDR provisions from that industries, tourism and the Online Platforms and the introduction of a brand new digital single market (2016) Act on unregistered designs which also DM has continued her dialogue with criminalises intentional infringement. We ➜ BIS Select Committee - both Alibaba and Amazon by reporting are also active in our ongoing awareness Government's Industrial members’ issues and ensuring that our campaign on the IP challenges of 3D Strategy (2016) voice is heard regarding some of the IP printing. issues faced such as the time it takes to ➜ BIS Select Committee - Digital make a complaint and the complications Economy (2015) surrounding take down of infringing Brexit designs. Whilst online platforms will not acknowledge or engage outwardly with Initial conversations have taken place Industrial Strategy individual trade organisations, we have between the lead negotiator at the now established a route through to the Department of International Trade, Ada Through ongoing conversations, as part of decision makers to articulate various issues. Igboemeka. ACID’s position is to articulate our membership of the Creative Industries It is about establishing the relationships our concerns as much as possible and to Federation, Alliance for IP and other UK where we can pick up the phone to senior support the many members who gave bodies supporting the Creative Industries, management to try and make a difference. us their views on the potential loss of EU our member’s views have also been unregistered design. Primarily, companies articulated. When Government receives felt that there could be potentially a 25% independent input which supports our loss of sales and resultant job losses. ACID objectives our voice resonates even more. also presented our views on unregistered 2 CAMPAIGN UPDATE ISSUE #59 CAMPAIGNING UPDATE that reforms and improvements the IPO feel have been achieved still do not connect with the designer in the street, one of their main stakeholders. For example, the time and expense it takes to reach a Case Management Hearing and a final Court hearing. The majority of ACID member cases do not ever get this far. Lone, micro and SME designers, whose work has been stolen still have to face (sometimes) up to 3 years of IP lawyer ‘ping pong’ usually because in the case of major high street retail, it is still a deliberate strategy to stonewall any challenge and perpetuate litigation. This is the real issue for so many, so they will not fit into any neat performance boxes of the Courts. It is about ethics, IP respect and compliance. 3D Printing On 6 February at the Chartered Institute of Patent Attorneys (CIPA) there was still little support concerning the potential threats which will be posed (in our opinion) by the lack of a deterrent in design law for 3D printing, which could, potentially, leave the door open to counterfeiting and piracy. On 24th March Dids Macdonald spoke to jewellery designers at Bournemouth University about the lack of IP law which is EU designs at CIPA in March. Enforcement ‘fit for purpose’ to protect designers’ work if it falls victim to IP infringement, further A further meeting was held, through ACID’s membership of the UK IP Crime reinforcing the need for criminal provisions the Alliance for IP with Matt Hancock, Group has only been possible since for unregistered design infringement. Minister for Digital and Arts. Our views the IP Act because, surprisingly, design were articulated as Members of the infringement was not considered a crime. Intellectual Property Office (IPO) Marks Now, since 2014 ACID has played an active Trading Standards Training and Designs Forum in January. On 2 voice in the UK IP Crime Group’s strategy to February Nick Kounoupias ACID’s Chief tackle infringement. As strategic partners April - Nick Kounoupias has engaged with Legal Counsel represented ACID at the of the Police Intellectual Property Crime 42 Trading Standards Officers in an IP Creative Industries Federation event in Unit (PIPCU) Nick Kounoupias attended training event held at the Premier League Manchester and again later in February, a meeting to discuss IP enforcement and and updated them on recent changes to Nick represented ACID at the IPO meeting to add ACID’s voice to others, calling for design law and the 2014 IP act, specifically on unregistered designs and Brexit, again Government to continue to fund this on the crime of intentionally infringing a sharing ACID members views on Brexit specialist police force. registered UK design. He also updated and designs. In particular the importance trading standards officers on Brexit and of the best possible terms negotiated for A further meeting with Nick and MP Angus the consequences of the potential loss Brexit, when designers will lose protection McNeil with other Alliance members of EU unregistered rights and ACID’s in 27 member states, not only of their reinforced the Alliance members’ views latest campaign objectives to make the unregistered design but the wide scope on the importance of intellectual property intentional infringement of unregistered that it offers. to be included in the Industrial Strategy designs also a crime. and plans to support growth through innovation. DCMS Singapore Dids Macdonald met the new IP Minister Dids and Nick met with the Design Policy as part of a group meeting with Jo Johnson, First stage discussions have taken place team for the Creative Industries to put their MP the Minister now responsible for IP. with the IP Attaché for SE Asia with a view case which was received well. Interestingly Our usual issues were discussed and, at to creating more formal links between ACID DCMS only seem to deal, thus far, with least, articulated personally to the Minister. and SE Asia support. copyright issues and so we had a receptive Our objective remains to inform senior IPO audience. officials from our members experiences, CAMPAIGN UPDATE Front Page Image - ACID Member MastaPlasta receives 2 Queens Awards 3 ACID NEWSLETTER DEAR ACID MEMBER... momentum, it is so interesting to delve into the I am both thrilled and delighted to congratulate stories about how IP creators and innovators ACID members MastaPlasta on their much coveted start, learn about IP and how they achieve growth and richly deserved Queens Enterprise Awards, through innovation. IP rights – the intellectual a classic example of an innovative approach to capital which underpins the creativity and a collapse in sofa sales which has embraced innovation these businesses rely on – is the basis sustainability by up-cycling and recycling – of this success. (see page 18). The role IP plays “Make-do and mend and save the planet, one patch in delivering sought-after content, competitive at a time is their motto”. They also fiercely guard businesses and quality products is not just seen in their intellectual property which, through their well-known artists, titles and companies. It is also tradable IP, has seen their growth rocket fundamental to the success and growth of SME (see page 14). businesses across the UK. Millions of everyday items we take for granted would not exist if their creators had been unable to commercialise their IP It wasn’t until I started to write down all the rights – the leading smoothie brand in your fridge, ”IP issue shouts” and campaigning that Nick the MastaPlasta recently invented product, the (Kounoupias) and I have carried out so far this Face-Lace design to decorate your face, the lamp year that I realised how much campaigning is part in the corner of your lounge.
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