In light of recent high-profile design theft cases, including the notable lawsuit between Uniqlo and Shein over the “Mary Poppins” shoulder bag, it seems like an appropriate time for us all in the jewellery industry to remind ourselves of the importance of intellectual property protection.
The Rise of Design Theft: A Global Concern Hits Home
The fashion industry’s battle with design theft is well-documented, but the jewellery sector is equally at risk.
With thousands of searches for “stolen design” and millions of views on related content online, it’s clear that design theft is a prevalent issue affecting businesses of all sizes. For UK jewellers, understanding the risk and taking proactive steps to protect their work is more crucial than ever.
Legal Protections Available to Jewellers
UK law provides several mechanisms for protecting designs, a critical asset for any jewellery business.
While common law copyright offers basic protection, it may not cover all aspects of jewellery designs. The Copyright, Designs and Patents Act 1988, however, extends protection to graphic works, which can include elements featured in jewellery pieces.
Proactive Protection through Design Registration
In an industry where creativity and originality are the hallmarks of success, the protection of design rights is paramount.
The cornerstone of design protection is the early registration of rights. Registering Design Rights or submitting a patent not only secures your creative work but also simplifies the process of addressing any potential infringements. “The best advice is to register any available rights to your designs as soon as possible,” explains Kyle Eaton, a business insurance expert at money.co.uk. “Intellectual property in fashion is a complex area… Registering Design Rights or submitting a patent early makes any infringement much easier to deal with.”
Immediate action is crucial, as retrospective registration is often not possible.
Registering your design with the government is a critical step in protecting the visual appearance of your product. It’s a straightforward and cost-effective process, with fees starting from as low as £50 for a single design.
This registration not only affirms your ownership but also establishes the creation date of your design, providing a solid foundation in any legal dispute over copyright infringement.
Navigating Legal Challenges
Should you find your design mimicked or used without permission, the path to rectification involves legal counsel.
The intricacies of copyright law, particularly within the fashion and jewellery sectors, necessitate expert guidance. Designers are encouraged to seek advice from legal professionals who specialize in intellectual property to navigate these complex waters effectively.
Insurance: An Added Layer of Security
Given the grey areas surrounding design rights in fashion, obtaining Professional Indemnity Insurance is a prudent step for SMEs.
This insurance offers protection against accusations of plagiarism, ensuring that businesses can defend their designs without bearing prohibitive legal costs. As Kyle Eaton says, “This type of business insurance means that you’re covered if someone accuses you of plagiarism” – underscoring its importance in today’s competitive market.
In the dynamic world of jewellery design, protecting your intellectual property is as crucial as the creativity behind your creations. By registering designs early, seeking legal counsel when necessary, and considering appropriate insurance, designers and SMEs can safeguard their work against the ever-present threat of design theft.
