Rouse
Rouse is an Intellectual Property Rights company based in Asia. Some solicitors from Rouse came to talk to the Ravensbourne Fashion Promotion students and educated us in the legal world of rights to do with fashion.
IP Rights:
Trade Marks – Logos, Words, telling you who
has made the product. Trade marks must be registered, they are only trade marked in the
country you have selected, it is possible to trade mark over whole of Europe. It cost
half a million to trade mark over the whole world. Trade marks cover certain areas; e.g.
Polo is cars, clothing & mints.
Examples of trademarks: Burberry check,
Loubs red soles, nike tick, Gucci symbol, Esso Garage(Colour Layout), Theme
tune(Music), Fred Perry Symbol and lines on sleeves and collar (certain
positions).
Trade marks must be distinctive and not descriptive, they last for ten years and can be renewed. Trademarks can be cancelled after five years if not used. They must be register with UK intellectual property office. It is £170 to register in the UK. Unregistered trademarks do have rights but it can prove costly when challenging this when it is not registered. Altering a logo or using a similar logo is classed as infringing on the trademark rights, which leads to court action.
Trade marks must be distinctive and not descriptive, they last for ten years and can be renewed. Trademarks can be cancelled after five years if not used. They must be register with UK intellectual property office. It is £170 to register in the UK. Unregistered trademarks do have rights but it can prove costly when challenging this when it is not registered. Altering a logo or using a similar logo is classed as infringing on the trademark rights, which leads to court action.
Patents – Protects inventions, applied
nationally, granted by individual companies. They last for 20 years.
Copyright – Protects the expression of
creative and artistic works. It must be original, made up of some skill, effort
and judgment. There is no requirement of artistic merit yet it cannot be copied
although derivative works can be allowed. Depending on the base of the product
it is different owners of the copyright. As a general rule the creator, and
first owner of the company own the copyright. Within films the producer and
principle director own the copyright. The company will own the copyright not
the person who is employed and has actually created it. A copyright must be
assigned to the company when a logo is being created.
Design Rights – Protects the appearance of
new products, or parts: lines, contours, colours, shapes, texture or material.
Registering designs can be a good marketing tool. Croc’s, Louis Vuitton and
Sports Bra’s are examples of registered designs. To have it approved it is not
checked against other designs.
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| Louis Vuitton: Fake Vs Real |
Confidential Information – Information
capable of protection. An obligation of confidentiality exists.
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