Protecting design from others copying it

[Talay]

I have a design for a version of a large bag which is new and I believe unique enough to warrant protection from copying.

Totally new area for me and my background knowledge is very limited.

Where to start as if I start to get prototypes made, the design will be out there in the public domain.

 

[fisicx]

Depends who makes the prototypes. But it makes no real difference. As soon as the bag goes into production the design can be copied.

 

[Deleted member 335660]

Generally speaking I would not bother. Give it a good brand and get it on the market as soon and as powerful as you can.

By all means trademark the brand but don’t worry about patents unless it is really revolutionary and I cannot see that with a bag.

Yes

 

[Mark T Jones]

I believe there is design protection - but the big challenge and expense comes in enforcement

Chinese manufacturers have been bold enough to copy from Rolls Royce & BMW and got away with it - they won't bat an eyelid at you.

In this case, first mover advantage may well apply

 

[cjd]

It's theoretically possible to get design protection but it's rare - eg Coke bottle. And it's massively expensive to protect.

 

[MattRumbelow]

We're working on a piece of hardware at the moment and we're working to get the design protected. I'm not up on all the legals (not my area) but one thing that I've been frequently told is to not put the design out anywhere in the public sphere –even early sketches– as, once you do, certain protection timers start counting down.

If you're looking to protect a design, I'd keep it out of the public sphere. People have to work with other professional groups for prototyping (or even going into production), but I imagine this is a case of keeping it private with that producer.

If you search 'protected design experts' you'll get some helpful info

 

[DontAsk]

We're working on a piece of hardware at the moment and we're working to get the design protected. I'm not up on all the legals (not my area) but one thing that I've been frequently told is to not put the design out anywhere in the public sphere –even early sketches– as, once you do, certain protection timers start counting down.

In the UK and EU you MUST NOT make any public disclosure before submitting a patent application.

In the US you have 12 months.

 

[Talay]

Thanks for all the replies.

What you are saying is what I have been thinking. Get fast to market, sign up some distributers and see if I can establish a brand on quality rather than using protection. Or I have to go make a lot of Chinese people an offer they cannot refuse

That leaves me needing a UK manufacturer. Why UK ? well, you cannot do this with 3 to 6 month lead times from China and on volumes which either fail to satisfy demand or leave you holding a lot of unwanted stock.

 

[Alan]

As soon as the bag goes into production the design can be copied.

Illegally (civil)

As all designs are automatically protected by copyright laws. The issue is the legal process of going after the copy cats.

What you can do is trademark a logo or a brand name, trademark protection is as far as I can tell a bit easier.

A made up brand word is trademarkable - e.g. My Very Large Bag is not as it using common words but a brand name like VlgBg might be

So if you bag has a prominent logo /name you could afford some extra protection.

That said Rolex is trademarked, still doesn't stop thousands of fakes.

 

[Hughj11]

Hey! A bit late to this but thought I could offer some clarity.

So firstly, a registered design is probably the best form of protection from what you have said. It is very different from a patent in that it only protects the appearance, but it has some similar criteria (i.e. must be novel). A design protects the physical appearance, shape or decoration of something so in this case your bag.

Patents are only for inventions, which I do not think applies here unless the bag does something that no other bag does.

Trademarks are not only for the names and logos and can protect packaging amongst other things (I wrote a blog about it here: https://www.ukbusinessforums.co.uk/...d-and-how-to-protect-it-with-trademarks.5994/). A unique bag could in theory be registrable for a trademark, but it is very rare and cases like these are often not successful.

The fact that some companies have the protection of designs and trademarks, but still face infringement is a little simplified. With registered rights, the proprietor has the right to file infringement actions, seize counterfeit goods and sue for damages.

The purpose of registered intellectual property is not to stop people from infringing, but to enable the right holders to take action against those who do infringe.