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Copyrighting patterns / art / illustration

1 reply

catpoppet · 03/06/2022 13:18

Hi all, I have created some artworks (patterns) I am going to approach some UK based companies to see if they would license them to use on homewares etc.

I understand I am automatically the copyright holder, but is it worth registering the designs with IPO as well before I send them out by email for review by buyers? What extra rights / benefits would this confer vs the normal creator copyright that doesn't need to be applied for?

Also I've not republished these designs elsewhere at this early stage (e.g. on my website / social media). So would I need to do this if I was not registering by IPO as "proof" I created them before I sent them out?

All a bit confusing and not sure it's worth spending the money on registering them with IPO or not before I send out, then again if these buyers might just rip them off I would be upset!!

Thanks

OP posts:
BeNice01 · 06/06/2022 17:27

Registering designs or trademarks provide you with legal protection compared with just stating copyright on a label.

Registration is subject to review and a 3 month window allowing 3rd parties to object.

However successful registering patterns versus defending them in court are two different matters. Someone can claim that they took inspiration from patterns that are similar but existed 10-90 years before yours. Alternatively they can claim they your patterns are derivatives of someone else's work.

Patent lawyers are very expensive and the litigation can be drawn out.

Although registering designs is pragmatic it won't fully protect your from copycats in other countries.

The best defence against copycats is to keep innovating and moving at a fast pace.

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