Anti Copying in Design (
ACID) has been a leader in seeking solutions to design infringement that do not start at the door of the courtroom, since prevention is generally cheaper, quicker and less stressful than cure. Its campaign to secure the cooperation of exhibition organisers is a good example of this. As a recent ACID media release explains:
"Following the exciting news that emap’s IP policy is now going to be ramped up after meetings with ACID’s Dids Macdonald on behalf of the Spring & Autumn Fair IP Steering Group, a new layer of Intellectual property (IP) focus is being included in a confirmation letter to all exhibitors when they sign up to either exhibition, that they have responsibility to adhere to ALL emap’s Terms and Conditions. The letter, as well as outlining what evidence will be required to prove IP ownership, will be reminding exhibitors to confirm:
• They own the intellectual property rights or have the right to market and sell the products on their stand
• They do not infringe the intellectual property rights of a third party
• Their products will not be inaccurate, obscene, defamatory or disreputable
• ‘The Exhibition Organiser’ reserves the right to remove products from stands if it believes they are infringing those of a third party
We hope other exhibition organisers will follow the ACID IP Steering Group recommendations to ensure a safer trading environment for exhibitors and to create a stronger message, to those who do not adhere to stringent standards of IP probity, that they will run the risk of their products being removed.
Mike McLintock of 95Percent Ltd ... said, “Most media has full IP protection so it is outrageous the same is not true of the design industry. Our frustration at being unable to remove a clear copy at the last Spring Fair convinced us to challenge emap to join us in ensuring those that insist on copying pay a high penalty.”
IP Steering Group member, Angus Gardner, on behalf of Caroline Gardner Publishing Ltd. said, “It is a great first step that emap has taken this decision to highlight to companies that they have these obligations with regard to IP integrity. It would be good to get a similar commitment from them that all the visitors to their shows have similar intent" ...".
The exhibition industry in the UK is worth £9.3 billion, as ACID's CEO Dids Macdonald points out, which makes it a commercially important sector as well as a vital showcase for designers. Where all exhibitors, and indeed non-exhibitors attending and examining the products and concepts on display, are bound contractually to respect and comply with the IP conditions imposed by a conference organiser, a valuable extra level of protection is imposed -- and there is an increased awareness all round of the need to respect the integrity of others' design rights.
"The letter, as well as outlining what evidence will be required to prove IP ownership, will be reminding exhibitors to confirm:
ReplyDelete...
They do not infringe the intellectual property rights of a third party"
That seems a little onerous - does everyone have to do exhaustive design rights searches and obtain infringement and validity opinions on any potentially relevant rights before they can go to the exhibition. That could get pretty expensive. Ultimately, it is up to the third parties to take action if their rights are infringed, which, if they're properly registered and protected, they should be able to do.
I guess the requirement is intended to make it easier to remove things if a third party alleges infringement, because of the breach of the exhibition terms, but it will be interesting to know if it works in practice. What happens, for example, when a third party turns up and shows the exhibition owner a registration certificate (or whatever proof is specified by the letter), which suggests an exhibited product infringes their rights, but the exhibitor then turns round and contends that the registration is invalid. Does the exhibition owner set themselves up as judge on that?
Admittedly I haven't read any of the detail of the proposals, only the blog post. If you get a chance to post on whether the initiative is successful in due course, that would be interesting.
On a general note, thank you for all your efforts in making the posts - I always enjoy reading them.