The launch acknowledged the SBID IP Register as a first-of-its-kind management tool to help designers ensure their work is legally protected, which in the case of a breach, gives IP crime experts, TM-Eye, the basis to quickly initiate an investigation.
In light of this recent development with SBID forging the pathway for designers to seek IP protection, SBID spoke to a legal expert from Mishcon De Reya LLP. Suzi Sendama, Associate at Mischon, who challenges the myths surrounding IP rights to ensure you don’t find yourself inadvertently on the wrong side of the law!
At a recent SBID 20:20 Event at The Dorchester, Suzi spoke about a number of common misconceptions relating to intellectual property rights. While many designers have a good idea of what intellectual property is – indeed, is is a company’s most valuable asset and exploiting it can be the key to maximising the profits of a business – there are so many commonly believed IP myths that could land you on the wrong side of an expensive claim for IP infringement.
Many of these misconceptions surround what a designer can and cannot do when inspired by the work of others. From product design and written content, to the legalities of using trademarks. It is said that imitation is the greatest form of flattery. But not all designers would consider it to be a compliment to see their design copied by a competitor. To avoid inadvertently infringing an earlier design, make sure you are clued up on what you can and cannot do if you are designing a product which is similar to one which is already on the market.
Find out what Suzi suggests are the most common misconceptions, what the legal implications of these misconceptions would be, and how you can best protect your work by reading the full feature.
Read this feature →
For further information on Intellectual Property Protection and what we are doing to combat the issue, visit our website.
Suzi Sendama at Mishcon De Reya LLP
[email protected], +44 (0) 203 321 6794.
Have you missed Suzi’s most recent article on the new General Data Protection Regulation (GDPR) rules that will be enforced and how they could affect your business? Click here to see more.
This feature originally appeared in the Business section within Volume 6 Issue 4 of the official SBID interior design magazine, eSociety.
Click here to read the full issue.
The GDPR introduces more stringent data protection obligations on companies and will strengthen the rights of individuals. Its implementation and effect is therefore of relevance both to corporate entities and to those seeking to enforce their rights. It will be implemented across all EU Member States and its provisions will continue to apply in the UK post-Brexit through the UK’s proposed Data Protection Bill.
The GDPR sets out new rules for any organisations that collect or process personal data of individuals (known as data subjects). Personal data is any information relating to an individual, including names, addresses, photographs of individuals, email addresses, bank details, IP addresses and even social media posts – as a result, the GDPR will apply to most organisations that do business in the EU.
As a result of the changes in the law, and the publicity surrounding the introduction of the GDPR, individuals are more likely to scrutinise the way in which information about them is held by organisations.
Electronic direct marketing, such as emails sent to people who are not existing customers, will require a higher level of ‘consent’ than now: consent needs to be explicit and freely given, by way of a positive opt in. The GDPR also introduces a requirement for some types of organisation to appoint an expert in data protection law as a Data Protection Officer.
Reputation management should be a key consideration for all companies. Ensure that you have a crisis plan in place for dealing with data breaches. You could also face enforcement action if you are unable to demonstrate that you have addressed the new requirements. The legislation introduces hefty fines for data breaches of up to 4% of global annual turnover or €20million, whichever is more.
Think carefully about a notification strategy for breaches. In the event of a data breach, companies will often have just 72 hours to notify both data subjects and the Information Commissioner’s Office, so having a strategy in place for dealing with this will be crucial.
Data breaches are most likely to occur as a result of human error – make sure that members of staff are appropriately trained on the changes which are coming into force and ensure that you have policies in place in relation to data security and how to handle data breaches.
If you are an employer, you will also need to ensure that the way in which you handle your employees’ data is GDPR compliant. Review any HR policies to ensure that you have systems in place to deal with your obligations under the GDPR and inform employees and any job applicants about the purpose and legal basis for processing their personal data.
For further information on the GDPR and how it could affect your business, please contact Suzi Sendama at Mishcon De Reya LLP, [email protected], +44 (0) 203 321 6794.
Suzi Sendama, Mishcon De Reya LLP
Did you miss Suzi’s article on Intellectual Property and Copyright Law? Click here to see more.
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