ACID Exhibition Know-How Webinar – Key Learnings and Thoughts for the Future

ACID CEO Laura Newbold Breen with ACID Legal Affiliates Adam Turley and Anna King of McDaniels Law at Autumn Fair

 

 

If you attended the recent ACID Lunchtime Learning Webinar – Exhibition Know-How, you have already learned a lot about intellectual property (IP) and how to be fully prepared ahead of exhibitions.  

There are three key areas of concern when it comes to exhibiting but, if you’re prepared, these concerns are easily overcome.

 

Making products public

 

Of course, this is the primary reason for going to an exhibition! You won’t get sales if your product isn’t public. Equally, if your product is made public it can be vulnerable to copying. So, how do you overcome this conundrum?

 

 

1.Know your IP Rights

 

If you know what rights you have, or should have, you can take action. Prior to exhibiting, make sure your up to speed with these 3 key IP rights:
Trade Marks – a registrable right lasting potentially forever, providing it is renewed when required. Provides protection for your brand name, company name and product names, as well as sounds and sometimes even smells! (though registering smells can be pretty tricky). There are 34 classes of trademark, so get legal advice as to where your trademark needs to be registered.

Design rights – Registered design rights last 25 years if renewed every 5 and give you the maximum scope of protection; shape, colour, texture, material, contours, lines and ornamentation can all be protected. However, always get legal advice before registering your design to ensure you get the right scope of protection for your product. Unregistered rights last between 3-15 years but protect just the shape and configuration. Supplementary rights last 0-3 years and replace the old EU unregistered right in the UK. 

Copyright - lasts for the life of the author plus 70 years. It is an automatic right in the UK and covers all manner of creations including music, drawings, architectural plans, written works, packaging design…a very extensive and valuable right.

(Patents, whilst a very significant IP right, are not usually applicable to designs. However, they are usually for inventions and last for twenty years. The most important watch point is not to publish information about them before they are granted.)

 

 

2.Strengthen Your Rights 

 

Once you know your IP rights, make sure you maximise them. Copyright work needs to be recorded and show evidence of ownership.  Ensure your trademark is registered in the correct classes and territories and check if your design is registered or registrable, and properly protects your product. If you’re relying on unregistered design rights, upload them to the ACID IP Databank.

If you’re in any doubt about what rights you have, or should have, seek legal advice. ACID Members benefit from 1 hour’s free advice per issue or question from any of our 6 legal affiliates – a great tool for the armoury. 

 

 

3.Keep Evidence 

 

The ACID IP Databank gives you an all-important audit trail for copyright and unregistered design work. Utilise TMand ® for trademarks and © for copyright. Keep registration numbers and documents to hand OR make sure you can access them quickly at exhibitions should you need to. 

Don’t forget, if you’re an ACID Member, displaying the ACID Membership logo is a proven deterrent to copycats! 

 

 

The presence of camera phones

 

When it comes to allowing photography, ACID’s advice is simple. DON’T!

If you spot anyone taking photos of your stand and products, question them. Nobody should be taking photos without your permission. If you decide to allow anybody to take photos, make sure you get their business card. This will help if a copy of your product turns up in future!

If you’re exhibiting at an ACID Accredited exhibition, we’ll be walking around handing out ACID ‘No Photography’ signs. If you would like one, make sure you find our stand and collect one. It’s a great deterrent!

 

 

The proximity of competitors and copied products already being present

 

This might seem like a bad thing but in some ways it’s a golden opportunity for some covert due diligence on your competitors and any copycats.

Before you go to the exhibition, research which other traders will be attending the trade show. Assess what type of products they sell and whether any of them appear similar to yours. If you’re concerned about the position of a competitor, speak to the exhibition organiser. When you arrive at the exhibition, walk around and see what your competitors are doing

If you suspect copying, take action. However, don’t approach the alleged infringers stand yourself. Follow these 3 steps:

• Always have your lawyers’ contact details to hand 
• Always find out who is responsible for enforcing the trade shows rules/ terms and conditions when you arrive. You will have signed the same contract as everyone else! So everyone should be abiding by it.
• If it’s an ACID accredited exhibition, come and find our stand and speak to the ACID team and their legal affiliates. 

 

ACID accredited exhibitions are subject to a strict exhibition protocol. In summary:

 

• This is a discreet and nonconfrontational approach for complaint handling in respect of any infringement of intellectual property (IP) rights raised with ACID during an exhibition.
• ACID’s Legal Affiliates will visit the stand to assess if the product is infringing in a courteous and non-confrontational way, to convey the details of the complaint simply and to invite a response from the alleged infringer
• If the infringement is upheld, the Legal Affiliate will invite the exhibitor to remove the product from their stand for the duration of the exhibition (take down).
• If any action is required post exhibition, the Legal Affiliate will advise.

 

So, what is Exhibition Know-How in a nutshell?

• Know your rights and strengthen them before you go!
• Don’t allow photography without obtaining permission and details. Use an ACID No Photography sign!
• Monitor your competitors and any suspected copies.
• Keep your lawyers’ and ACID’s contact details close to hand
• Don’t approach the alleged infringer yourself!

 

To find out more about ACID membership and become a member, visit Anti Copying In Design Ltd (ACID) – Campaigning Against IP Theft

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