STAY ON TOP OF INTELLECTUAL PROPERTY WHETHER YOU’RE JUST STARTING OUT OR LAUNCHING A NEW PRODUCT, THERE ARE A WEALTH OF INTELLECTUAL PROPERTY ISSUES TO CONSIDER IN THE WORLD OF DISTILLING. HERE, CIARA CULLEN, BEN MARK AND SARAH MOUNTAIN FROM RPC, OUTLINE THOSE DO’S AND DON’TS, THE CHANGING LANDSCAPE AND HOW TO THRIVE IN 2021 AND BEYOND.
T
here are a number of
present on product packaging or in
branding dos and don’ts
marketing materials.
when launching a distillery.
Copyright also protects literary work (i.e.
Do: Consider what
text), as long as it meets the test of being
intellectual property rights
the author’s own intellectual creation.
(IPR) you own or might create and how
Marketing slogans, website content and
those IPR might need to be protected.
even product descriptions may therefore
Companies often create more IP than
be capable of attracting copyright
they expect. The main categories are
protection. Copyright does not need to be
Trade marks: A trade mark can consist of
registered, and generally lasts for 70
any sign that can be represented clearly
years from the end of the year in which
and precisely. Whilst packaging shapes,
its creator dies.
colours and even sounds are capable
The owner can use their copyright to
of protection as trade marks, they are
prevent any unauthorised use or copying
typically comprised of signs and/or
of the works.
symbols. Design rights: Design rights protect the The core function of a trade mark is to
appearance of more functional articles,
allow consumers to identify the origin of
provided they are novel.
a product or service and to differentiate it
This could apply, for example, to the
from those of third parties.
various parts of a spirit bottle, such as
Items commonly protected by trade
its overall shape, or just the shape of a
marks include company and product
particular feature, such as the neck.
names, logos, product packaging
Certain design rights are also capable
(including, for example, the shape of
of protecting two dimensional products
spirit bottles), and slogans.
such as patterns and layouts.
Trade marks are useful as they allow
Design rights can be registered or
their owner to prevent competitors from
unregistered, and allow their owners to
using the same or similar marks which
prevent the manufacture and/or sale of
might confuse consumers or suggest an
lookalike products.
COMMENT
association between the two businesses.
distillersjournal.info
Although trade marks can be registered
Patents: these generally protect
or unregistered, it is desirable to obtain
technical “inventions”, for example a
registration as this provides certainty over
new technology which allows a distillery
when the right came into existence and
to make products faster or using an
avoids disputes regarding who began
improved process.
using an unregistered right first.
The registration of a patent can be a
It is also desirable to obtain trade mark
long and expensive process, but once
protection at an early stage, to avoid a
granted, patents provide inventors with a
situation where time and expense has
20 year monopoly.
been invested in a brand, only for a third
It is therefore worth any new business
party to later dispute its use or to apply
considering what IP it may own or create
for registration itself.
and how best to protect it. This will also be helpful if/when that business wants to
Copyright: Copyright arises automatically
seek further investment or to fundraise,
and protects traditionally ‘creative’ works.
as prospective investors will take comfort
Copyright will therefore usually exist
in knowing that the company’s IP is
in company logos and in any artwork
protected.
SUMMER 2021
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