YOUR VOICE AGAINST DESIGN THEFT - ACID Celebrates - ASP Events
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ISSUE #71
YOUR VOICE AGAINST DESIGN THEFT
ACID
Celebrates
Chief Counsel
Nick Kounoupias
becomes the 2021
joint British IP Day
Champion
Nick Kounoupias Will Butler-Adams, OBE., of Four ACID member companies
Design - the poor IP relation in David Brompton Bikes on the scourge of awarded prestigious 2021 Design
& Goliath challenges. copycat imitations. Guild Mark
Page 4 Page 6 Page 20
MEMBERSHIP
Dear ACID members
After more than 3 decades being immersed
in the world of intellectual property and as
the joint architect of two major breakthrough
changes in IP law, it was a proud moment
when Nick Kounoupias, ACID’s
Chief Counsel and IP Director
was recognised by the Alliance
for Intellectual Property as
the Joint 2021 British IP Day
Champion, along with Geoff
Taylor, BPI CEO.
The BPI (British Recorded Music the prison sentence from 2-10 years
Industry) Ltd is the British recorded for copyright infringement.
music industry’s trade association. It
runs the BRIT Awards, The Classic Around 2004, the IPO wanted to
BRIT Awards, National Album create a UK IP Crime group and
Day, is home to the Mercury Prize, Nick was one of the driving forces
and co-owns the Official Charts to make this happen. The UK IP
Company. Crime Group is a membership
of representatives from private
Nick’s impressive life in the public sector, enforcement agencies and
affairs side of IP really started government departments who
when, in the late nineties, there have a role in tackling IP crime and
was no coordinated approach to infringement in the UK. In 2014 Nick
intellectual property sector groups, was a champion in the campaign
so Nick, along with two others which led to the intentional
set up what was then the Alliance infringement of a registered design
for Counterfeiting & Piracy. This becoming a crime in the 2014 IP
involved key sectors within the Act, thus strengthening design law.
Creative Industries uniting as one
voice and so the Alliance was Nothing could make me prouder
born (it latterly changed its name that Nick’s work has been
to the Alliance for Intellectual rewarded in this way. He is a true
Property). In 2002 Nick helped IP Champion in every sense. ACID
draft the Copyright and Trade Mark members and UK designers are
(Offences and Enforcement) Act very fortunate to have him battling
MEMBERS
2002 via a Private Members’ Bill on their sides for much needed
(which he drafted) which increased design law reform.
2 ACID.UK.COM ISSUE 71
MEMBERSHIP
Our guest editor this summer is Will Butler-Owens OBE, CEO of world-
famous Brompton Bikes, who continues his lament that organisations that
copy, infringe IP, are parasites, living off the toil of others and in many
cases putting the customer at risk. Who could disagree? His plea is timely
as Government announces its Enforcement Strategy as he urges them to
understand that stronger IP protection will foster investment to nurture the
next generation of innovative companies, but if there is not the protection to
give those that take risks the opportunity to make a return, then innovation
and all the benefits that come with it will stagnate.
Will Butler-Adams OBE, CEO Brompton Bikes
After an amazing 17-year career as a treasured colleague and friend
“stronger IP protection with ACID, as our Operations for all her dedication and loyal
Director, we are very sad that Jane support. No-one could have a better
will foster investment Banyai is leaving her role to live wingman.
to nurture the permanently in Hungary with her
next generation of
husband Gyorgy. Over the years In a packed “exhibition season”
they have refurbished a home ahead of us with an active presence
innovative companies” and plan to spend their retirement at Autumn Fair, Glee at the NEC,
together there. Jane will be known and the National Bed Federation
to many of you and has played an event in Telford, we look forward
integral role in ACID’s development to the real luxury of face-to-face
for which we are hugely indebted. meetings with as many members as
However, the good news is that she possible. It’s starting to feel a little
will continue to act as a consultant normal again and will be a luxury to
to ACID so we will not lose the depart from the world of Zoom for a
vast wealth of experience she while!
has gained. I know that everyone
will wish Jane and Gyorgy every Keep well and safe, best wishes
success in their new home and I Dids Macdonald
would like to personally thank her OBE CEO of ACID
I’m delighted to welcome Paul
Akerman to the ACID team,
Paul joins us from a marketing
background of 15 years across
various sectors and said on his
appointment, “Joining ACID
is my biggest career highlight
to date and I thoroughly enjoy
being part of this fantastic
organisation”. Paul is joined
by another new colleague,
Faye Meakin, as ACID’s new
Financial Coordinator – we
welcome them both warmly.
Paul Akerman, Marketing &
Communications Coordinator
Sipping cocktails at a farewell dinner
held at the Feathers in Ledbury- L to R
Ann Bond, ACID’s Financial Director,
Faye Meakin, Jane Banyai and
Dids Macdonald OBE, CEO of ACID.
ACID.UK.COM ISSUE 71 3
CAMPAIGNING
CAMPAIGN
UPDATE
In the lead up to the Government’s next
Enforcement Strategy Nick Kounoupias, ACID’s
Chief Counsel and IP Director writes about the
sorry state of designs in the UK IP regime…
DAVID’S UPHILL BATTLE?
The UK is frequently touted as And designers continue to be
having one of the best IP regimes baffled by a law that makes it a
in the world. This might be the case criminal offence to copy a two-
if you are a songwriter, inventor dimensional design drawing but
or trade mark owner. It certainly when that drawing is converted into
isn’t the case if you are a designer. a 3D product there is no criminal
In the field of designs law, where offence involved should it be copied.
David is the designer, Goliath has This is both unfair and ridiculous.
the advantage every time.
To aggravate matters it still remains
We have consistently pointed out very difficult and expensive
the weaknesses in design laws in for a designer to enforce his /
the UK. Whereas for all the other IP her rights in an English Court.
rights the main campaigning issues Despite frequent reviews and
concern enhancements to existing reforms IP litigation remains an
laws or trying cut back the scope of expensive exercise. Designs law
proposed defences, in the case of is unnecessarily complex and just
design laws, the argument is about
preserving existing protection or
seeking parity with other IP rights.
Just within the last year because
of Brexit we have seen the loss of
protection for unregistered design
protection within the 27 member
CAMPAIGNING states of the EU where a design
has first been made available to the
public in the UK.
4 ACID.UK.COM ISSUE 71
CAMPAIGNING
fight their battles on a level playing
field. No consideration has been
given to changes to design law. The
only sop to designers is the well
overdue suggestion that registered
design litigation could be brought
within the small claims track of
IPEC. But in truth it was ridiculous
that this possibility was overlooked
in the first place.
getting legal advice is expensive for
a sole, micro, or lone SME, which The Davids of the design sector still
describes most designers. They have a long way to go to be able
will simply not be able to afford the to challenge the Goliaths who copy
typical legal costs of UK litigation. their designs on a level playing field.
And because of the complexity of That we know. But let’s not pretend
the laws, it is also hard to secure then that we do have one of the Read more
legal costs insurance or litigation best IP regimes in the world. That about
funding as insurers and funders just adds insult to injury. campaigning
remain uncertain of the strength of here
any particular case. Nick Kounoupias
is ACID’s Chief Counsel and
A recent review of enforcement Director of Intellectual Property
options in England and Wales has
once again fallen short of giving
designers the tools they need to
“if you are a designer.
In the field of designs
law, where David is
the designer, Goliath
has the advantage
every time”
ACID.UK.COM ISSUE 71 5
GUEST EDITOR
Guest Editor
Will Butler-Adams, OBE
CEO of Brompton Bikes
Thirteen years……ridicule, false putting the customer at risk. I joined
starts, obsessive determination, Brompton in 2002, we had less
and every penny he had; this than thirty staff and the patent had
is what it took Andrew Ritchie long expired. Twenty-one years
(the inventor of the Brompton was too short for Andrew to take
Bicycle) to get the business off full advantage of his invention, as
the ground. is so often the case, it took a long
time for him to get started. But
By then over half of his patent notwithstanding this we accepted
protection had expired and he that others could take inspiration
had only just begun. The patents from the Brompton, to stimulate
officially ran out in 1998 and since more innovation and bring a greater
then we have been bombarded by choice for the customer.
copies from across the world.
This is not what we have seen,
Organisations that copy, infringe instead it has been outright copying
IP, are parasites, living off the but with a lack of understanding
toil of others and in many cases of the engineering principals and
Visit
Brompton
Bikes
website
GUEST EDITOR
6 ACID.UK.COM ISSUE 71
GUEST EDITOR
Will Butler-Adams
www.Brompton.com
manufacturing control behind the But we are not only protecting our that line, we see these copies
design. There are manufacturers business in looking for stronger fail, causing serious injury to the
copying the Brompton in Taiwan, IP protection, we are protecting customer.
Indonesia, South Korea and China the customer. The copies are not
to name but a few. Brompton’s, they just try to look like Strong IP protection will foster
them. We have a brand based on investment to nurture the next
performance and trust. A Brompton generation of innovative companies,
is a transport tool not a toy, and if but if there is not the protection
it breaks it can hurt. Too often we to give those that take risks the
have seen customers across the opportunity to make a return, then
world thinking they are buying a innovation and all the benefits that
cheap ‘Brompton’ and all is fine come with it will stagnate.
on the day of purchase but in one
year, three years, five years down
It takes several years to develop
each improvement on the Brompton
as it continues to evolve, the recent
Brompton electric took over six. In
this period of innovation, you are
permanently failing and evolving
your design, it takes time, requires
commitment and investment to ‘find’
the solution. It is disheartening
when a few months after the
product goes live we see ‘upgraded’
copies with blunt interpretations of
our design on ‘their’ folding bikes.
But they have not employed the
engineers, they have not invested
in the mistakes, done months of
testing, produced hundreds of
prototypes……no they just copy.
ACID.UK.COM ISSUE 71 7
IP REPORT
SOCIAL
MEDIA
AND IP Facts and Figures for the main different types
of social media:
Over 1.79bn users, 120m fake users.
Navigating around the labyrinth
that is social media and how
Over 1bn monthly users, 20% of
it affects designers from an Instagram accounts are for business use.
intellectual property perspective
is a hot topic. Whether you 187m daily users and suspended 925,700
are creating your own content accounts in the first half of 2020.
or sharing images or videos
you need to ensure that you 4.3m sellers on its platform in 243 countries.
In Q2 of 2020 it had over 60.2m sales.
protect your IP rights and, just
as important, make sure you
are not inadvertently infringing Photographs/ or lend. If you see someone
has taken your photographs
the rights of others. In a recent image use and is using them without your
webinar, Trade Mark expert Kelly A photograph will have consent, you have a right to
copyright protection vested in stop them. As a rule, copyright
Hudson, an ACID legal affiliate it automatically upon creation. will last for your lifetime plus 70
and Director of McDaniels Law If you were the photographer years.
then you were the ‘author’ of
offers some handy tips. the photograph for copyright
purposes, therefore copyright
Permissions -
vests in you as the author. If you read the small
have employees and they take a
photograph in the course of their
print!
employment, then copyright will By agreeing to Facebook
‘vest’ or rather be owned by you and Instagram’s terms and
as the employer. Copyright is an conditions, you agree that you
automatic right which protects provide these platforms with a
your work, in this case, your non-exclusive right to host, use,
photographs. This allows you distribute, modify, run, copy,
to stop others from copying publicly perform or display,
your works, and gives you the translate and create derivative
exclusive right to adapt it, issue works of your content. This
copies of it to the public, rent does not affect your ownership
8 ACID.UK.COM ISSUE 71
IP REPORT
of your work, but it is important to
know what permissions you are
Ip infringements - Defamation -
giving to these platforms. Effectively what can I do? How to avoid!
they are getting permission to do an Often companies use others’ You can avoid allegation of
awful lot with your photos. photographs to sell their own range defamation by being vigilant in what
of products regularly on Facebook, you say. Make sure you control the
IP infringements on Instagram, Amazon, eBay, Alibaba. narrative and only say what you
Each of these platforms has its can prove. Do no embellish the
social media and own take down notice procedures. truth with lies and do not state your
what to check Facebook and Instagram each opinion as if that is a fact. The truth
use a tick box form which is very can never be defamatory.
Social media platforms are rife with efficient. Once you submit a
unauthorised content, which may takedown notice through the tick If you are unlucky enough to be the
include the unlawful use of other box form, Facebook and Instagram victim of unauthhorised use of your
people’s content including their will determine whether the page content, ACID members can make
photographs, videos, and text, as does infringe upon your rights and use of initial free legal advice which
well as counterfeit goods and the will disable the page within 24 is usually simple common sense.
unlawful use of a brands trade mark hours. Consider the value of registering
without consent. Often some use your name as a trade mark because
unauthorised content to advertise Alibaba’s process includes a more if others do use it, it is a very strong
their own goods or to sell counterfeit detailed assessment of the rights right and, as a trade mark expert,
goods. If you are looking to upload you are claiming and the works look after your trade secrets and
photos to Facebook, or videos you are claiming to have infringed know-how. After all they are what
to Instagram which are not your those rights. Once a takedown sets you against a competitor. They
own content you should be aware notice is submitted, it is sent to the are your crown jewels. If you’ve got
of the possible dangers in doing owner of the complained of works a good idea keep it safe – careless
so without gaining the owner’s who has a set period to respond. If talk can cost the competitive edge.
consent. Remember, you cannot no response is received the page And of course, manage your risk
simply just take other people’s work is taken down. Etsy offer a slightly and keep an eye out on your
and use it for commercial purposes. different system to that of other competition! In a recent ACID
Do your due diligence so you stay social media platforms and other survey 90% said that IP theft was
on the right side of the law. Image e-commerce websites. Etsy first blatant and deliberate.
houses like Getty have agreement point of call is for you to issue a
and retainers in place with lawyers formal Notice of Infringement on
and other entities to enforce their the business and the complained of
copyright for them, so if you do use articles or whatever the case may
an image, you wouldn’t like to get be. In this Notice of Infringement,
a letter from one of them (usually you will lay out what works/
which seeks a royalty in the region photographs etc. are infringing your
of £500 - £1000) – if that happens works/photographs. On submission
don’t just pay, call ACID and get of this notice, Etsy will send this
some legal advice. (Initial advice is to the owner of the complained
free for ACID members) of works who can then submit
a counter notice. If the alleged
infringer submits a counter notice,
the applicant has 10 business days
to show Etsy proof that they are
seeking an order from the Court
IP is one of against the alleged infringer.
This platform’s policies do not seem
Kelly Hudson
your most valuable ACID legal affiliate and Director of
to offer the best course of action for
assets. Protect it protecting your intellectual property
McDaniels Law
or forget it! rights.
IT REPORT
ACID.UK.COM ISSUE 71 9
IP NEWS & EVENTS
Government Responds to
the Intellectual Property
Enforcement Consultation
A huge thank you to all ACID members who helped provide case
studies to the original Enforcement Consultation. To whom we
owe a great debt, details of their evidence are on our news desk.
Through the Alliance for IP of which ACID is a long-standing
member, their response to the consultation is also found on our
website. We submitted 10 compelling case studies and also sent
various comments from interviews with over 30 ACID members.
“we would The full Review can be downloaded here. In summary, the
Intellectual Property Office plans the following:
prefer to • To work with the Ministry of Justice (MOJ) and Her Majesty’s Courts &
Tribunal Service (HMCTS) to consider the feedback received and identify
see action where service improvements to the IP Courts can be made. Where
appropriate this may also include discussions regarding the publication of
rather than judgments.
words” • Develop a project to streamline the available guidance for IP Court users
which is currently on several different government websites. Improvements
in this area should make it easier for users to find information on available
services and what to do if they believe their IP is being infringed. This should
include work with HMCTS and The IP Court Users Committee to update the
guidance for users of the SCT and could include provision of a selection of
anonymised case studies of SCT cases.
• To work with the Citizens Advice Bureau to make sure suitable IP guidance
is available at all sites when enquiries are made.
• Develop a project to raise awareness of the full range of options available
to rights holders when they have an infringement issue including alternative
dispute resolution such as mediation. It should also provide clear guidance
on the mediation process, including which parts can be made public.
• Research on statutory damages, which may include a comparative study
of current regimes in similar common law countries. It should consider
the impact the regime has had on the enforcement of IP rights and what
statutory damages might look like for the UK.
• Carry out further work to assess whether registered designs should be
included in the small claims track of the Intellectual Property Enterprise
IP NEWS & EVENTS Court (IPEC).
10 ACID.UK.COM ISSUE 71IP NEWS & EVENTS
Dids Macdonald, OBE., CEO an unregistered design following an unregistered right, to have the
of Anti Copying in Design the loss of EU27 protection when ultimate criminal sanction, has not
we left the EU. Our resolve remains been chilling for innovation. Far
said, unchanged that until Government from it, our copyright creators have
changes its attitude to the disparity and continue to innovate to the
“Whilst we welcome these
between the protection offered to extent that all sectors have provided
improvements, we hope that as
copyright creators and those of seismic growth to our economy. Yet
a minimum they will be included
designers, UK designers remain again, 3D unregistered designers
in the Enforcement Strategy due
unsupported in this Enforcement are short changed and under
to be published in September.
Strategy as it stands.” protected, more especially as we
We feel, however, that the above
lost EU27 protection on Jan 1st,
recommendations should have
2021.
been the “given” of an operationally
efficient IP system that is cost and
The campaign goes on!
time effective for those who need to
take action efficiently, especially for
registered designs to be heard in
the small claims track some 8 years
after it was created.”
“UK designers
remain
We are consistently told by
Government that design matters!
unsupported
Well, we would prefer to see action
rather than words and we will be
in this
continuing our various campaigns to
ensure that designers are no longer
Enforcement
treated as the poor cousins of the IP
Family.
Nick Kounoupias, ACID’s
The Government’s response to
Strategy as it
stands.”
our repeated requests for criminal
Chief Counsel and IP provisions to be introduced for
Director said, the intentional infringement of an
unregistered design are that this
“It is lamentable that in the main, would be “chilling for innovation”.
our members case studies have not We do not accept this argument nor,
been considered, the majority all despite repeated requests, have we
rightly calling for criminal sanctions seen the evidence to support this
for the intentional infringement of statement. For copyright creators,
ACID.UK.COM ISSUE 71 11IP NEWS & EVENTS
ORIGINAL OR FAKE
Innovation v Imitation?
Ensure you are prepared for the
Autumn Exhibitions!
I don’t know if you are as excited as we are So, the over-riding objective must be prevention and
but actually going to live exhibitions this here are one or two simple things you can do to protect
your designs:
Autumn will be wonderful. We can’t wait!
Exhibitions can provide a unique opportunity to get in
So, if you are launching a new product or bringing a
front of genuine design buyers, so taking a few steps
new product range to market amidst the anticipation,
to ensure you protect any new designs against being
just dots the i’s and cross the t’s as, sadly, the copying
copied will pay dividends. Start by being “IP SAVVY”
and counterfeiting of products is rife. Even more
– know your © from your design right and your trade
important, therefore, to ensure you have a proactive
marks from your patents!
intellectual property strategy to help protect and prevent
knock offs. Sending a clear message of deterrence to
those who go deliberately to exhibitions to copy and
steal ideas is an important element in any business PROOF OF DESIGN OWNERSHIP
strategy. IS CRITICAL?
In a recent ACID survey 90% of those surveyed thought It’s not rocket science! Make sure you have a design
that copying is intentional. Scary! audit trail from the seed of an idea to marketplace.
Signed and dated drawings do the trick. Better still,
register your designs in the UK. Or, like the majority of
designers, you rely on unregistered rights; send them
to the ACID IP Databank (©™ and Designs) giving
you independent evidence of receipt. In any dispute
it’s necessary to provide evidence of ownership,
originality and date of creation. The ACID IP Databank
ACID survey
90%
is supported by the Police Intellectual Property Crime
Unit (PIPCU).
thought that
copying was
intentional
12 ACID.UK.COM ISSUE 71IP NEWS & EVENTS
DO NOT ALLOW UNAUTHORISED
PHOTOGRAPHY!
Remember with phone cameras, your designs can be
sent across the world in seconds and mass-produced
before you even pack up your stand! So take control
of who photographs your work, ask them why and
note down their contact details. Only allow authorised
photography and if it’s a problem, insist that organisers
support you. After all, you pay thousands to rent your
stand space and exhibition organisers build their
reputations on your innovation.
TELL PEOPLE YOU DON’T WANT
TO BE COPIED? FIND US Autumn Fair 5-8 September Hall 6 K34,
Well why not? There’s no more powerful message GLEE 14-16 September, Hall 8 C74, The Bed Event,
on your website/marketing material or a statement Telford Hall 3 in the Lounge Area.
on your stand. Something along the lines of: “All the
intellectual property in our designs and products Imitation isn’t flattery if it costs you your business.
belongs to (your name). Any infringements will Make sure it doesn’t happen to you.
be viewed seriously”. If you discover a copy of your
designs at an exhibition and you don’t have a DATED
design audit trail or evidence to support your work, it
is almost impossible to take legal action or complain COVID 19 SAFETY – Autumn Fair – Important
effectively to the show organisers; even better if this information.
evidence can be reinforced by a member of ACID logo. Following the government’s latest guidance and working
The ACID community’s message resonates as YOUR in consultation with the Association of Event Organisers
voice against design theft, especially with the “Spot the (AEO), it has been confirmed that this September’s
Difference” initiative. Autumn Fair will ask all attendees, including visitors,
exhibitors, contractors, venue, and organiser staff, to
verify their COVID-19 status on arrival. This means all
TAKING SOMEONE TO COURT ISN’T attendees will need to demonstrate proof of COVID-19
AS EXPENSIVE AS IT USED TO BE! status for entry to the event. This will need to be one of
the following:
For relatively small IP disputes (£10,000 or less) if you
have to take legal action it doesn’t necessarily cost • Proof of completion of a full course of vaccination two
a fortune and there is access to inexpensive justice weeks prior to arrival.
through a small claims track.
• Proof of a negative Lateral Flow Test taken within
The ACID team of IP specialist lawyers will be on 48hrs of arrival (retaken and reported every 72hrs).
hand this Autumn at Autumn Fair, GLEE (both ACID • Proof of natural immunity shown by a positive PCR
Accredited Exhibitions) and at Telford for the National test result for COVID-19, lasting for 180 days from the
Bed Federation event. So, if you are unlucky enough to date of the positive test and following completion of
be copied you can call on our help to mediate the issue. the self-isolation period.
Out of over 4000 interventions at various exhibitions,
Further details on how to prove your COVID-19 status and FAQs
less than 3% have reached a final Court hearing. can be found at https://www.autumnfair.com/contact-us/visit-faqs
Most importantly, we will be there to give advice on and further information for international exhibitors and visitors
any intellectual aspect of your business, registrations, will be provided very soon.
licensing, agreements et al. So, do visit us.
5-8 September NEC 14-16 September NEC 21-22 September
https://www.autumnfair.com https://www.gleebirmingham.com/why-visit Telford International Centre
https://www.bedshow.co.uk/visit
ACID.UK.COM ISSUE 71 13LEGAL ADVICE
ACID MARKETPLACE
FANTASTIC MEMBER-ONLY
DISCOUNT OFFER!
Promote your designs and products through ACID’s Online Marketplace and invite
buyers to view your new products - safe in the assurance that all viewings of your images
are tracked and recorded on your profile.
Do you have the launch of a new product or range that you wish to make available to
ACID members at a special discounted price? Now you can!
ACID hosts an additional facility on ACID Marketplace, opening exciting member to
member discount opportunities between ACID members. There is no set discount -
it is completely up to you!
A couple of clicks will do the trick!
Log in to your “My Designs” area
Upload your marketing images and choose your offer to members
Display the ACID Member to Member discount logo
Let us know and we will promote you to other members, as well as on social media
Share your story with us!
Note -The discount you select can easily be applied and/or removed so that you
can make seasonal adjustments whenever you like!
New to the process? No problem! Simply visit the Member Area of the ACID Marketplace
section to see our guide on how to use the discount logo and upload your work.
Alternatively, call the membership office and we can guide you through the process
personally.
Make your membership work for you AND the ACID community.
14 ACID.UK.COM ISSUE 71LEGAL ADVICE
Visit the
Member Area of the
ACID
MARKETPLACE
section to see our
guide on how
to use
WHAT IS ACID MARKETPLACE? WHY ACID MARKETPLACE?
It is an optional FREE addition to the ACID IP We wanted to offer our members an exciting
Databank. Marketplace is an online marketing additional benefit to the ACID IP Databank, by
platform where design buyers can register to view creating a safe and secure online promotional
the latest designs created by ACID Members. platform - where members can market products
After uploading your design and product files and prospective design buyers can view at will.
to the ACID IP Databank, you can display your Think of it as your own permanent exhibition
design images on Marketplace – supported by zone but at a fraction of the price of an exhibition
an additional tracking system - so you can see stand - and you get to control who visits!
exactly who has viewed your designs on your
personal online profile.
“The design sector is a really important part of the
UK’s creative economy - with billions invested in
You can also simply lodge your
designs each year. ACID has shown real initiative
designs and documents on the
in taking this bold step to develop the ACID
ACID IP Databank too!
Marketplace. This will now mean that people are
going to better understand the value of designs,
and it will also help our world class designers to
market and sell their innovative creations.”
Lord Younger, former Minister for Intellectual
Property
“Here is another outstanding, leading initiative
from ACID which promises to provide
designers with unique and essential support
in both protecting and commercialising
their designs. I fully anticipate that ACID
Marketplace will become an effective
trading platform, with the accompanying
Buyer’s Charter building all-important trust
and confidence. This is a brand in the making.”
John Noble, British Brands Group
ACID.UK.COM ISSUE 71 15MEMBER PROFILE
Member Profile
CROFTS &
ASSINDER
Alex Crofts, CEO of Crofts & Assinder and a valued ACID Council Member was interviewed
recently to discuss their key to longevity and success in high-end design and manufacturing of
interior accessories. Alex said, “We have managed to stay on trend through the years, since 1875,
by keeping style and innovation of design as a cornerstone. Supplying giants of the hospitality
industry such as the Ritz Hotel and the Waldorf Hotel, surviving and supplying both World Wars,
then expanding into an ever-competitive market at home and abroad, is, I believe, why we go from
strength to strength.”
In the ACID interview Alex highlighted Crofts & Assinder’s belief that copying is destructive to the creative industry, what
Government should be doing to support designers and how ACID has supported them and the industry over the years.
Crofts & Assinder has the Cunard and White Star fittings, fixtures and
such a rich history of lines. Reproduction items related accessories for
design. Can you tell us in this period became a the Furniture, Kitchen,
a little about how the very successful part of the Upholstery and Wholesale
company developed and business. markets.
the driving force behind
its success as innovators With the growth of cinemas Why do you think Crofts
in interior accessory in the 20th century, & Assinder have such Did you have any
design? the Company supplied a desired brand, and knowledge of intellectual
Crofts & Assinder Ltd was brassware into the continues to thrive in property when you
founded in Birmingham in emerging Odeon and the such a competitive started your business?
1875 by George Crofts & Gaumont chains and was a market? To be honest, I had a very
Frederick Assinder. In the market leader in quality and For me it all boils down to basic understanding of IPR
early years, the Company design. the quality of the design and over the years, with
was a specialist in the and product as well as the help of Guy Crofts,
design and manufacture of At the outbreak of the the high level of service Dids Macdonald and the
brass parts. Second World War, as in provided. We have an ACID team, I realised
the First World War, the outstanding Head of the importance of IPR
The Company started company was instructed Design, Zoran Matijevic, protection and the value it
making decorative fittings to supply the war effort who produces some truly adds to a business.
in the early 20th century and avoided bomb wonderful designs, and our
and was successful in damage. After the war, manufacturing facilities do Copying culture is
obtaining business for the the company developed a fantastic job in producing an unfortunate but
high-end contract market; an extensive export high quality goods, which undeniable aspect of
high profile clients included market into North America when combined with design in the UK, what
the Ritz Hotel, the Waldorf with its reproduction excellent work conducted is your message about
Hotel, the British Embassy Lombard brand range by our Marketing and this culture, to those who
in Buenos Aires, and high- and expanded its existing Sales Team defines our perpetuate it?
end fitting projects for both handle ranges into cabinet brand. As proven by our Please stop. By copying
and kitchen hardware with history, everyone within other people’s designs,
the introduction of zinc the Company and I have you are in effect damaging
diecastings. a very strong benchmark their livelihood and causing
to maintain, and this unnecessary worry and
Since 1987, the Company is a challenge all our concern to people who
has centred on the employees are passionate are investing their heart,
design, manufacture about delivering. sweat, time, and financial
and distribution of resources into their
16 ACID.UK.COM ISSUE 71MEMBER PROFILE
designs. To see your own good understanding of the been second to none. to the end and all too
creations being copied can market and future trends. On an educational side, often, many withdraw
be soul destroying, yet if I One of Head of Design’s the seminars that have from this process before it
went into the house of the key mantras is to have a been delivered to young concludes. I would like to
Director of a Company who distinct style that people designers fresh out of see government instruct
has taken the decision to will recognise as a Crofts & education have been vital insurance companies
copy a design and stole all Assinder product. in making young designers to offer, as part of their
their electronic equipment aware of the importance of standard terms, protection
in front of their eyes, they Under the latest IP IPR in relation to their work. cover for businesses
would be furious and Act, we have criminal in relation to IPR and
call the police. I see no provisions for intentional As you know ACID is infringement. I do believe
difference between the two Registered design the main Policy and that when continuous
– you just do not do it! infringement against Government campaigning infringing organisations are
the infringing company body for Design & IP challenged successfully
Do you think that IP but also for individual reform. Do you have and when they receive
ethics, compliance and directors. Do you any recommendations adverse publicity, that their
respect for intellectual believe that if these to Government to approach to copying does
property should be criminal provisions are stem the tide of blatant change.
the cornerstone of the extended to unregistered design theft to support
industry, in terms of designs infringements, the interior design and
declared Corporate it will become more of a broader design sector?
Social Responsibility? deterrent? I believe the Government
And if so, how could the Yes, I do believe in this can and should do more to
interior design sector point. If infringers are protect design theft. One
achieve this? aware that they may area of concern I have
Yes. I do believe that this face criminal sanctions relates to the inconsistency
should form a part of a for unregistered design of how copyright
Company’s CSR policy. infringements theft this infringement and design
For me it is about guiding will help to reduce the infringement is applied
the design sector on how trend. I also believe some across different industry
you can deliver this within well publicized examples sectors. For example, the
a CSR message, so that of where organisations, music industry has very
a common consistent directors and employees strong protection about
approach is taken across have been found guilty of the duration of protection,
the design sector, with criminal actions, it will act yet a product designer’s
particular focus on as a deterrent to those protection with regard to
persuading the well-known thinking of copying. In duration is significantly
brands to adopt such a my opinion, there is still shorter. This is not right.
strategy. an element of people A final concern I have
who have no morals relates to the cost of
Designing beautiful, when it comes to copying protecting your design
classic, and luxury designer’s work and they when an infringement
handles, and fittings is need to be stopped. occurs. From personal
at the heart of Crofts experience, it is typically
& Assinder design What do you feel ACID’s the larger organisations
principles; how do you achievements have been who copy or arrange for
inspire your people to and what could we do copies of products to be
persistently attain high in the future to further made - typically on grounds
standards and how raise awareness about IP of wanting reduced costs.
important do you think theft? However, when you do
this is for the future ACID has done a fantastic engage with the legal
of such a trusted and job in raising the profile challenge route, the legal
respected British family of IPR infringement and costs for designers and
company? the impact this has on small businesses can
For me, it is about keeping the design community. escalate very quickly and
the design briefs simple The work that ACID has can often cripple sole
and allowing the Design done with regards to traders or small businesses Alex Crofts
Team to have a degree lobbying government for financially. The large Crofts & Assinder
of trust and freedom legislative changes has companies who copy know
when working. It is also been very impressive and they can outspend smaller
important for the Company I can say from personal companies when it comes www.crofts.co.uk
to aspire to be a trend experience that the legal to legal challenges.
setter within the market, advice and support given It takes a very brave and
who our peers wish to when we have faced principled person to see ACID MEMBER
follow, and this requires a design infringement has a legal challenge through
ACID.UK.COM ISSUE 71 17MEMBER FOCUS
MEMBER FOCUS
The Tiafi Conn
ection:
‘Me’ Charms
Tiafi
Jewellery
The ‘You’ and er!
connect togeth
Emma-Kate and husband, Dylan, launched Tiafi Jewellery
earlier this year with their debut ‘Friendship Collection’. Each
piece in the collection is handcrafted in the UK, made from
high quality recycled sterling silver and 18ct gold vermeil for
pendants, bracelets, and studs, along with the statement
signet rings.
Read
more of our Having fallen in love with I was in my workshop, Jewellery for over 15
Member a Welshman, Dylan, whilst and I found an old picture years, so I had some
Focuses studying at the Royal of my best friends from knowledge about
College of Art in London when I lived in London, trademarks but very
here and now proudly based and it made me think how limited knowledge about
in Wales, the name Tiafi I could feel connected how to protect a unique
(meaning ‘You’ and “Me’ to them now that we’re design.
in Welsh) fitted perfectly. apart.
Which ACID
Beautifully gift wrapped The concept is simple but Membership services
in luxury eco-packaging, very clever. The raised have you used and how
Tiafi Jewellery pieces are ‘Me’ charm connects with have you benefited from
the perfect thoughtful gift the indented ‘You’ charm, being a Member?
for friends, family and like they’re having a big
bridal. hug! We listened to an ACID
webinar on how to protect
When and why did you Did you have any jewellery designs and
first start to create your knowledge of that was so helpful. We
products/designs? intellectual property then lodged the designs
when you started your on the IP Databank and
I first came up with the business? took advantage of the
unique connecting charm free legal advice benefit
concept back in 2019. I’ve run Emma-Kate with one of ACIDs legal
18 ACID.UK.COM ISSUE 71MEMBER FOCUS
partners McDaniel & Co. reform. Do you have
Now that we’ve launched any messages for
Tiafi Jewellery, we’ve Government/Policy
used the Member of ACID Makers on IP issues?
logo on our website.
It would be great if they
Have you brought could give more protection
anything new to the to small designers against
marketplace recently bigger businesses
that you would like to as design law is very
share? complex and apparently
very costly to take action.
We launched Tiafi
Jewellery earlier this
year with their debut
‘Friendship Collection’
which is inspired by
the Celtic symbol for
Friendship and features
our unique connecting
charms. We have other
collections which we’re
planning to launch later
this year and we’ll be
adding them to the IP
Databank.
What is the best aspect
of ACID Membership for
your business?
Having the knowledge
that you’ve got someone
to turn to for advice on
Intellectual Property is
fantastic. The team were
incredibly helpful when
we joined, it gave us the
confidence to launch the
business knowing we’d
done all we could to
protect our idea.
What advice would you
offer to a new designer?
Have confidence in your
idea but do your research
on what other products Tiafi Jewellery
are in the market and get
some advice on IP as it’s
important to get it right. @TiafiJewellery
www.tiafi.com
ACID values the support
of its members to
enable it to campaign ACID MEMBER
for design law
ACID.UK.COM ISSUE 71 19MEMBER FOCUS
MEMBER FOCUS
Four ACID Members celebrate their
designers’ Coveted Furniture Makers’
Design Guild Mark Awards!
The prestigious Design Guild Mark is awarded by The Furniture Makers’ Company to
drive excellence and raise the profile of British design and innovation. ACID is delighted
to announce that designs by Tim Rundle, Edward Barber and Jay Osgerby, Simon Cass,
Drew Millward, and Charlotte Raffo for four ACID members were awardees of this coveted
recognition of excellence. We also extended our congratulations to all DGM awardees.
Textiles, Wall Coverings,
Surfaces, Carpets & Floor
Coverings
Hit the North: Designed by Drew
Millward and Charlotte Raffo for
The Monkey Puzzle Tree
DGM 257
See all Design Guild Mark Awardees
here.
20 ACID.UK.COM ISSUE 71MEMBER FOCUS
Furniture
Furniture DGM Judge Jeremy Myerson,
Professor of design at the Royal College of Art
said,
“Excellence in furniture design is what the Design
Guild Mark scheme is all about. This year, the
judges set about examining the entrants with
exacting technical criteria and commitment to
rewarding creativity. We saw some great work,
which was a tonic after a pandemic-ravaged year
in which just sitting on a sofa with others has been
out of bounds.”
ACID Council Member and Design Guild Mark
Chairman Rodney McMahon said,
Rakino Collection: Designed by Tim
“This year we welcomed the Lighting Design
Rundle for Morgan Contract Furniture category, with its new panel of judges and we are
DGM 237 delighted to have expanded the scope and reach
of the Guild Marks by doing so. The three days
of virtual judging were absolutely riveting, and,
despite the obvious challenges, we embraced
the process and achieved a very balanced and
effective result. Emboldened by this, we shall hold
the Awards ceremony on Instagram in June and
look forward to connecting to as wide a spectrum
of designers, and their admirers, as possible.”
ACID CEO and Immediate Past Master of the
Furniture Makers Company Dids Macdonald
OBE said,
“Despite the pandemic challenges, Rodney
McMahon has led the Design Guild Mark into
new territory with support from a much-revered
judging panel who judged remotely with all the
Pi Stool: Designed by Simon Cass for restrictions that this poses between designer and
judge. So, hats off to all, for ensuring that despite
Par-avion co./Skandium DGM 253 these challenges, the Design Guild Mark goes
from strength to strength as the ultimate arbiter for
design excellence.”
Take a look at the Design Guild Mark
Judges here.
www.designguildmark.co.uk
Smalto Table Collection: Designed by
Edward Barber and Jay Osgerby for Knoll
International DGM 239
ACID.UK.COM ISSUE 71 21MEMBER FOCUS
Wishing a warm welcome to new #ACID member
Keeley Traae!
Keeley is a design consultant and product designer
with over 25 years of experience within the Ceramic
Industry. Check out Keeley’s fantastic designs here:
http://keeleytraae.com
07968 520 326
Shown here are some
examples of our new
members’ work as we
welcome them to the ACID
community on social media.
To keep up to date with the
latest news go to https://
twitter.com/ACID_tweets
We are excited that Woodupp UK has joined ACID A big hello to and welcome to new ACID member
as new members! Welcome to our ACID community! @LKGallacher! Lindsey is a qualified jewellery
WoodUpp create remarkable products for modern designer who graduated from Edinburgh College
customers who want to improve the look and acoustics of Art with 1st class honours in silversmithing and
of their favourite room. jewellery.
Discover more about their excellent products here: Read more here:
https://woodupp.co.uk https://lindseygallacher.com/
Ledtroniks, who work with the leading lighting Joining from Somerset are new members @
designers, architects, and engineers to bring the most FlanciActive, designing activewear brand
innovative lighting solutions to life are also new joiners, providing fun and funky fitness leg wear for
and we look forward to working with them and other people who love colour. Check out their amazing
new members on their IP strategy. and unique ranges here:
http://ledtroniks.co.uk http://flanciactivewear.co.uk
+44 (0) 208 438 2934 info@ledtroniks.co.uk
22 ACID.UK.COM ISSUE 71MEMBER FOCUS
@candlekitchen, creators of fantastic, customised Creators of gorgeous designs for fabrics, wallpaper
candles for sale globally have also recently joined and interiors, @Nuthatch_Grey are amongst our
ACID and we welcome them warmly. Check out their exciting new members – welcome! Working in
fair trade lanterns and candle holders alongside their pencil and watercolour, taking inspiration from the
range of candles. natural world to bring the beauty of nature to your
home. Discover their enchanting work here
Read more here:
https://bit.ly/3AxSmDw https://bit.ly/354HheI
New ACID members also include @TheOldPipingBag, From the bespoke furniture sector, we welcome
who make unique, award-winning silicone moulds for Huckleberry to our ACID Community. They design and
cakes and crafts. To make beautiful bakes and tasty make beautiful fitted and unfitted furniture for the whole
treats take a peek here: https://bit.ly/35cR6HH house. Made by highly skilled artisans and built to last a
lifetime. Feast your eyes here:
https://www.huckleberryhome.co.uk/
And from Sussex we welcome ACID member @ And from the Ceramics world, a big hello to new
HounddogF, a designer-maker who creates stunning ACID member Sam Andrew who creates a stunning
interior design pieces, crafted with care from solid functional range of ceramics, each piece handmade
timber. Take a look at some of his beautiful work here and unique. Share their lovely collection here
https://bit.ly/3fOdahC https://bit.ly/3oVAn4n
ACID.UK.COM ISSUE 71 23MEMBERSHIP
New Members
ACID welcomes the following new members to the
ACID Community
Company Industry Company Industry
Garter & Veil Ltd Bridal The Stamford Gift Studio Limited Giftware
Kaye Wyatt Ceramics Design Sheep Ltd Graphics
Sam Andrew Ceramics Craftsuprint Ltd Greetings Cards
Rockahula Kids Childrenswear Dandy Sloth Greetings Cards
Red Betty Design Agency Interior
Keeley Traae Design
Accessories
Belfield Home Fabrics & Textiles Interior
Little Shop Of Ltd.
Accessories
CINNY Papers & Linens Fabrics & Textiles Interior
The Candle Kitchen
Accessories
FLANCI Ltd Fabrics & Textiles Wood Upp Interior Design
Nuthatch Grey Fabrics & Textiles Cammie Toloui / UnMuted Designs Jewellery
Stil Haven Fabrics & Textiles Element Isle Limited Jewellery
Anti Copying in Design Ltd
The Little Cloth Rabbit Fabrics & Textiles Jordan Herry Jewellery Jewellery Anti Copying In Design Ltd.,
All Mail to: Graham House,
Amy Lianne Ltd Fashion Lindsey Gallacher Jewellery Chequers Close, Enigma
Business Park, Malvern,
Latoyah London Fashion Sibo Daka Jewellery Worcs., WR14 1GP
Let Us Pretend Fashion Empty State Lighting Membership Office:
+44 (0) 845 644 3617
MOYO BY BIBi Fashion Ledtroniks Ltd Lighting Email: info@acid.uk.com
90one Furniture Online: www.acid.uk.com
Hop Inn Limited Product Design
Huckleberry Design Ltd Furniture Social Media:
Horseology Product Design
@ACID_tweets
Nick Newlands Furniture mavricsc Product Design Anti.Copying.In.Design
anti.copying.in.design
Oldershaw and Clark Furniture Plumbtub Limited Product Design
ACID Registered Head Office:
Outstanding Desk Furniture The-Old Piping Bag Product Design Fifth Floor, Suite 23, 63/66 Hatton
Garden, London, EC1N 8LE
RRUKI Group Furniture Company Reg. No 3402512.
Wainman Design Product Design
VAT Reg. No 707 5923 23
Sofa Source Direct Ltd Furniture Flossie and Twts The Arts Nothing in this newsletter is intended
to be a complete statement of the
The Blighty Furniture Company current law and you should always
Furniture Rie Designed The Arts
Limited take specialist advice in respect of
your own particular circumstances
Urbis Design Garden Products The Puzzle Factory The Arts
© ACID 2021
CountryStyle® Photography Giftware The Studio The Arts
ACID’s Joining Criteria for New Members
In accordance with our policy that all members are provisional members for the first 6 months of their subscription period, we
publish a list in each newsletter of companies which have recently joined ACID. In the event that there is any complaint against
a new member, please write to the Chief Executive together with any substantiated facts. Hearsay, rumour or unsubstantiated
facts will not be considered under any circumstances. Any complaint that should arise will be put before a panel comprising
ACID’s legal advisor, Chief Executive and two Corporate ACID Members from a different industry sector. If the panel decides that
a complaint should be upheld their decision will be final and no correspondence will be entered into.
24 ACID.UK.COM ISSUE 71You can also read
