
The engineers and staff of Rota Design Limited respect the confidentiality and intellectual property rights (IP) of all.
We recognise that our clients and others entrust us with sensitive and valuable information.
We respect this trust by ensuring that our staff are discrete and that all sensitive information is kept secure with particular attention paid to electronic file transfer and authorised access.
Our policy is to ensure every project is covered by a non-disclosure agreement to create a secure and trusting environment in which to further develop our client’s products – see the video below of how we work.
The UK Government website states that it can be a criminal offence to copy or use copyright material and registered trademarks and designs without permission.
In the UK you could report suspected IP crime to Trading Standards, or by contacting Citizens Advice or by reporting it anonymously through Crimestoppers or Action Fraud.
Protect your IP
The journey from concept through to manufacture is a wonderful and challenging experience for our clients and for our design engineers. The realisation of a basic idea through to a material, functional and profitable entity or system is rewarding and potentially life changing in terms of income and profit for the innovator. Jealousy and envy are key human elements which encourage your competitors to copy, effectively stealing, our combined innovative ideas and engineering experience.
So how do we protect ourselves and our hard-earned investment in ideas, time and money from these ineffectual, envious, unethical ‘thieves’?
We at Rota Design Limited have developed an integrated approach to design development included with structural analysis and design verification and we realised many years ago that a similar approach is applicable to the protection of the IP of our clients and our combined innovation.
We have developed a network of trustworthy professionals to advise and define the appropriate process and management of IP, which coupled with the standard terms and conditions of Rota Design Limited, combine, in the majority of instances, to provide the most cost-effective approach to protecting IP.
We outline the numerous approaches and processes which may be applicable in part, or in combination, and which are dependent upon many local and/or international factors which will be advised by our professionals during consultation.
So, to summarise, Rota Design Limited is a one-stop shop for design and design verification plus the integrated protection of your (and our) IP, (always subject to contract).
The terms and conditions of Rota Design Limited apply, however, in all cases but these may be amended by mutual agreement to meet the requirements of our clients and the scope of the project.
A selection of processes to protect IP
- Copyright
- Design Rights
- Patent
- Trademark
We have included an overview of these processes for information purposes only but please be assured that the management of your IP will be carefully evaluated after consultation and the most appropriate solution will be prepared and presented for your approval.
UK Government website info:
There are different types of protection depending on what you’ve created.
Type of protection | Intellectual property it covers | Time to allow for application |
Registering a trade mark | Product names, logos, jingles | 4 months |
Registering a design | Appearance of a product, including its shape, packaging, patterns, decoration | 3 weeks |
Copyrighting your work | Writing and literary works, art, photography, films, TV, music, web content | No application needed |
Patenting an invention | Inventions and products, for example machines, medicines | Around 5 years |
You get limited automatic protection over some intellectual property, for example design right. However, it’s easier to prove you own intellectual property legally if it is registered.
Keep your intellectual property secret until it’s registered. If you need to discuss your idea with someone, use a non-disclosure agreement.
1. Copyright
Copyright protects your work and stops others from using it without your permission and/or dealing with unauthorised duplication, say, of design features, etc.
Copyright is a right which does not require any form of registration but requires the initiator to securely retain documentative evidence.
Copyright only applies to specific categories of work, and we are required to ensure compliance with the rules and guidance in this respect. The UK Government defines the categories thus:
You automatically get copyright protection when you create:
- original literary, dramatic, musical and artistic work, including illustration and photography
- original non-literary written work, such as software, web content and databases
- sound and music recordings
- film and television recordings
- broadcasts
- the layout of published editions of written, dramatic and musical works
Marking Criteria
Place a mark upon your work using the copyright symbol © together with your name and the year of creation. Whether you mark the work or not does not affect the level of protection you have.
Lifetime
Copyright typically lasts longer than other IP rights in that it lasts for the lifetime of the creator plus seventy years, but beware, there are some exceptions especially in the case of artistic works where there are multiple copies made for commercial reasons.
Registration
Registration is not necessary and may be considered to be an automatic right in the UK.
In all cases secure records are a critical factor in all cases of alleged infringement.
International Basis
Your work could be protected by copyright in other countries through international agreements, for example the Berne Convention.
Therefore, the foregoing rights and categories may not be applicable on a worldwide basis, hence, the need to obtain advice and guidance from one or more of the Rota Design Limited network of IP specialists is recommended.
2. Design Rights
A design registration is intended to protect the aesthetics of a product, including features such as shape and pattern. This could be the entire product or a small element of the design which is unique.
Design rights may be registered or unregistered and we recommend that our clients receive the best advice if design rights are applicable and/or there are concerns.
Applicable features
Features such as the overall or partial shape, contour, line, colour scheme, texture, material and ornamentation are applicable.
What is not applicable to a design right is the function of the item.
The design of something can include one or more of the following:
- physical shape
- configuration (or how different parts of a design are arranged together)
- decoration or colour
- pattern
How and What to register
A search of registered design would be undertaken in appropriate areas of the UK, EU or on a worldwide basis to establish similar registered designs and/or IP ownership.
Rota Design Limited can assist in the definition and the scope of protection given to a registered design by including a disclaimer or limitation of scope upon illustrations and drawings etc.
Our network of specialists would assist in the registration process which compliments, where appropriate, other processes such as Patent applications, etc.
You may not register
- offensive material
- designs making use of national flags you do not have permission to use
- designs making use of official emblems or hallmarks, etc.
- the functionality of a design
Therefore, the foregoing rights may not be applicable on a worldwide basis, hence, the need to obtain advice and guidance from the Rota Design Limited network of IP specialists.
Registration
Registration in the UK takes circa 4 months.
In all cases secure records are a critical factor in all cases of alleged infringement and it is easier to prove you own intellectual property legally if it is correctly registered.
Registered designs are normally limited to 25 years with a renewal requirement every 5 years in the UK and Europe.
3. Patent
Use a patent to protect your IP when the design is unique and innovative with the objective of preventing competitors from copying, making, selling, using or importation of products.
A patent may be in force for up to circa twenty years within the jurisdiction of the country or territory where they have been granted for.
A patent provides commercial advantage in that it allows manufacture and sales of your IP in terms of innovation and products to limit competition.
Invention requirements
- new – it must not have been made publicly available anywhere in the world.
- inventive – not just an amendment to an existing product
- manufacturable and usable including technical processes and/or methodologies
You may not patent
Things you cannot patent include:
- literary, dramatic, musical or artistic works
- a way of doing business, playing a game or thinking
Once the trade mark design is completed and all the appropriate searches undertaken we will assist or undertake the process of registration of the trade mark in the countries and/or territories defined as applicable.
Once this application has been approved and confirmed our client is then free to use and protect the rights of use within the registered countries and territories. In the UK a registered trade mark is valid for 10 years.
Unfortunately, there is no system to provide worldwide use and protection of a trade mark hence, the process is rather complex and best left to those who are dealing with such matters on a regular basis.
Opposition to a trade mark
In the UK the IPO will register trade marks even if there is a conflict with others found during the search process.
It is normally up to other trade mark owners to contest conflicting trade mark elements.