Fashion in the Global Marketplace: IP Event 13/11/2018

MINUTES

BRITISH FASHION IN THE GLOBAL MARKETPLACE

13TH NOVEMBER COMMITTEE ROOM 16

PALACE OF WESTMINSTER

CHAIR

DR LISA CAMERON MP & PETE WISHART MP

PANEL:

MODERATORS: DR LISA CAMERON MP (LC) AND PETE WISHART MP (PW)

PANELLISTS:

Dids MacDonald – CEO Anti-Copying in Design

Ahlya Fateh – Managing Director AMANDA WAKELEY

John Greager – Commercial Litigator and IP Lawyer

Samuel Young – Creative Industries Federation

Lisa Cameron delays proceedings because of delays getting in.

1. Welcomes everyone at 18:11 combined group for APPG and IP raising issues and continuing

conversations with experts

1. Introduces panel with experts in audience. Further delays of people coming in.

DIDS MACDONALD (DMcD)

1. Passionate about design protection.

2. 96% of Creatives voted Remain £85.2 billion Design contributes to the economy this creates

1.5million jobs many are migrant and require secure IP framework

1. Fashion Design is at the forefront of negotiation

2. Online infringement SEO is easy to access important that there is duty of care and redress when

it goes wrong

1. IP must be savvy, practical and have compliant strategy – Designers need to value and protect

their talent when there is blatant infringement.

1. It is no longer possible to claim EU design protection post Brexit.

2. There is a big gap Register design and trademark that is not getting across to government

3. We need legal certainty and practical certainty so that the rights of fashion remain

strong

LC – This issue is so important it needs a lot of work in short time

DMcD Recommends we write to our MP

Frances Card (FC) Is there a set of rules in place?

DMcD – Gov have not given clarity or certainty so no, there are no rules

Floor – This means designs at LFW can then be ripped off across EU because they are

not protected where they are at the moment.

Lisa introduces Ahyla who arrived guided by Hannah

Lisa recaps to Ahyla (AF)

AF Talks of problem with plagiarism and how a brand can be subject to

“name of brand-esque” (Amanda Wakeleyesque). We must protect design. Copying is lazy if it’s not from Chanel it is not Chanel

1. IP and fashion linked to photography which up till now has been strictly controlled.

2. IP provides a legal framework to protect brand

3. We work 18 12 months in advance. We can have an exclusive customised fabric. This can

then be sold to mass market without customisation and it is allowed.

1. It gets blown up by mass market and credited because they believed it’s their design

2. We have had exclusivetrimsbut they then run with a different designer with little or no

redress

1. Mills must be controlled

2. Product needs trademark to protect it

3. Fear that this will add cost where competition is already tough

4. Trade mark will have big impact especially on small businesses

5. Can be achieved but clock ticking

6. Not good for London Fashion week show – because designs will be showing in EU

7. Moving ahead we need to be as agile and proactive as possible

8. We must identify and enforce our rights IP and our goodwill

9. Monetarise brand through licensing

LC – Looking at impact and working with lawyers so pleased we are dealing with this as it

is so important and needs to be raised across parties.

LC hands over to Pete Wishart (PW)

Harold Tillman – Advises wearing a bow tie to get in quick to Fast Track

1. I come from era of knocking off and everything was sold in UK. See it in Paris and then

on Tuesday it would be knocked off and sold in C&A the next week

1. We can’t eradicate this completely Royalty generate beautiful Knocks off

1. The Brands value is how to protect it outside of EU when it has been protected for

40yrs

1. Industry must be protected can Government protect independents?

Jack Karet Head of Designer Fashion at DCMS

1. There is a Budget Fund to protectdesignersrights but it is not advertised. We are

working to get to designers to sign up to it.

PW introduces John Greager (JG)

JG:

1. Thanks Tamara this is brilliant!

2. 15yrs ago John set up the Fashion Law Group had a lot of clients, it’s a fascinating industry. We don’t get to choose our clients.

3. We had racks with originals and fakes and played spot the fake.

4. Designers would argue ‘I was inspired’ and for the brand this is the point.

5. This is a huge industry.

6. Highly polluting fast fashion has destroyed the cycle of fashion where there used to be 4

collections a year. Big retailers are under pressure to make sales and so are changing

their rails every 6 weeks.

1. For IP it is the Brand, then the Design that then leads to sales

ADVICE:

1. Learn what IP is and is not

2. Ideas are not IP

3. Visible idea is copyright

4. Physical thing is Design and has design rights

5. It is not cohesive so lots of gaps that need to be plugged

6. Register Design rights on the first showing of any collection

DMcD:

1. We must think how we go forward from the Customs Union 4th June 2018 letter of from

Brussels

1. There is possible 3rd withdrawal agreement

Customs code will no longer apply – frightening

1. Product with more than one pieces is subject to IP rights

2. If no deal with Customs officials IP infringement will happen. It will stop components

moving back and forth between UK and EU which means it will have big impact on

fashion industry cars etc.

Harold Tillman CBE:

1. Mini goes out of UK 4 times before it is complete.

JG:

1. A deal might get through but no solution. Everything stays the same during transition.

2. This is a just sticking plaster on Design and Copy rights and not looked at Trademarks

to protect these brands

1. It has not been thought through

2. Apple controversially protects its brand country bycountrybut this can be misused. It is

the strongest mechanism to protect brand.

JG recommends protecting brand country by country

Pete comments on John’s advice that this is just a smattering of how much there is to

cover and impressed how much we have to do.

Tech IP Copy right governs desire to keep with EU

Single market has massive impact on Creative Industries by virtue of ESM supports

Creative industries with many useful products for the UK

PW Introduces Samuel Young

Samuel Young:

1. There are wider issues on IP and Brexit – We need to protect Creatives

2. We represent all with one voice £92billion with oil gas auto combined £1.6m

3. £40m in goods and services

4. We need to promote Creative Industries

5. Brexit is v challenging and how important funding, trade and IP are

6. Concern for the future to protect and strengthen IP framework DSM and online market

7. Content needs to be under one license

8. Continuing EU IP how it works and design rights

9. If no agreement- reputation of UK at risk. Uncertainty of no deal and what that means

for design rights especially for UK after Brexit

1. Quotes: In 2016 UK F&T generated £29bn employing 800,000. (More stats quoted)

2. Need to look at bigger picture both at home and in EU and the need for education

3. Look at how we can use this dialogue with other trades outside EU as we already have

great systems in place here to create an environment to grow and secure IP

PW – Thanks Samuel

1. There are lots of strong issues that we need to keep as concise as possible

2. Opens questions to the floor

Tamara Cincik CEO FashionRoundtable:

1. IP is very complicated to understand and was put well byAhlyaFateh from Amanda

Wakeley

1. We have not grasped is that our reputation is IP

Will we be weaker if we get reciprocal trade with EU?

JG responds – Our legal system is different to EU. We have precedents and common law

EU has civil law.

i.e. Is orange juice a food? If it is food it is protected by Food act and if not its isn’t

EU orange juice is a food so protected by food act – it is in the book but there is no

precedent in UK

UK in EU for 40yrs and we are now in position where we have one foot in one out

PW: EU must go to member states to decide then?

JG: This is a lazy copy and paste solution – In UK we have Damages in EU we have

compensation

PW: We need to be at forefront to generate bigger interest

1. Asks floor if any other points

Floor: Will smaller brands not get ripped off?

JG – its difficult but £50 will protect design – get good trademark lawyer but

It is expensive

DMcD – Unregistered rights protect from seed to market place. Small claims track

IP in enterprise courts

1. Must communicateevidence :evidence of dates when lodged

2. Be proactive to protect rights

Taylor Wessing index is for lawyers but not for Creative Industries because they are micro

and small

PW – They should be registered?

DMcD –

1. Monopoly right is for 5 years

2. UK design and community design rightischeaper the more you apply the cheaper the

cost – 11 and over 60 Euro each

PW – How do we sign up?

Jack Karat – It is difficult but start with us

Eddy Leviten Alliance for IP – the Allliance for IP works closely with SMEs too

Harold Tillman – Can you do it on your own without lawyer?

Jack Karet – Yes you can get all information from the British Library

JG – These are Community registered designs

Floor – Once in the public you can’t get community design?

JG – No that is Patent for mechanisms and processes

Patents i.e. you put your product on instagram but once in the public then it cannot be

patented

DMcD – You can apply within year for community design rights

Floor – Are Start ups more attractive in EU than UK?

SY – The cost is difficult – some moving is costly

Katherine Hamnett CBE- Country by country IP effectively means ‘plastic cup’ in France and

UK will have different trademarks but will cost $1 for one and 85p for other – the same

product but different price depending where you are.

This means for fashion trademark in 28 EU countries that will now go?

JG – Yes

PETE – Is anyone Brexit resilient?

Floor – Yes by default yarns from EU cost more. We do everything here in UK in our mills

so our business has grown

Floor – I work in ME, I’ve tried to report knock off brands but gets to certain level and is

too expensive to pursue any further unless it is registered in UK

DMcD – legal action is expensive – name and shame on our website – Spot the Difference

but you have to be careful e.g. Claires accessories – social media needs a lot of care.

PW – Concludes meeting is successful. We need to adapt to survive and go forward to

continue our wonderful tradition and talent. Must wear my Vivienne Westwood tie next

time.

Thanks to Tamara once again.

Close:19:32

#FashionRoundtable #DrLisaCameronMP #Fashion #APPGTextilesampFashion #Parliament #APPG #APPGforIP #IP #DCMS #AllianceforIP #PeteWishart