Understanding the different intellectual property (IP) rights you have is important as a business. Each type of IP—trade marks, copyright, and design rights—are distinct, yet they can interact creating an overlapping protection for the various elements of a brand. In this post, we will explore how these IP rights complement one another, using relevant case law examples.
Copyright and brand protection
Copyright is your first line of defence for protecting original works of authorship. Under Copyright, Designs and Patents Act 1988 (CDPA 1988), protection arises automatically as soon as an original work is created and fixed in a tangible form. This would include works such as creating a logo or the layout of a website.
What can copyright protect for brands?
- Logos and graphic designs: If a logo or graphic includes sufficient artistic creativity, it qualifies for copyright protection. For instance, a logo combining unique illustrations and typography is likely protected as copyright.
- Marketing materials: Brochures, photographs, website copy, and video content all fall under copyright protection as long as they display originality.
- Packaging: If you create packaging, any unique graphic elements or presentations on product packaging may also qualify for copyright protection.
Limitations of copyright:
It is very important to note that copyright does not protect brand names, slogans, or plain typography. These elements require trade mark registration to gain protection.
What do design rights add?
Design rights focus on protecting the appearance, shape, or aesthetic of a product. They are particularly useful when your brand’s main focus is on creating distinct visual articles such as fashion items like Balenciaga or electronics like Dyson.
- Unregistered design rights automatically protect the shape and configuration of a design in the UK, but this protection is more limited in duration and scope.
- Registered design rights, on the other hand, offer stronger protection and require formal registration. For instance, consider an innovative packaging design. While copyright might protect graphic elements like artwork, the structural or functional design of the packaging itself could fall under registered design rights.
An illustrative case example is Ferrero Spa’s Kinder trademarks (2004). Ferrero protected its designs partly through copyright for visual elements and partly through design registrations for the packaging structure. This approach shows how different IP rights can work together.
The role of Trade Marks
Trade marks offer protection for the signs, symbols, and names which identify your business. A registered trade mark creates a legal monopoly over a brand name, logo, or slogan, ensuring that no competitor can use similar branding to mislead consumers.
For instance, while copyright might protect the artistic aspects of a logo, a trade mark provides broader protection by making it a commercial identifier of your brand. The Lidl v. Tesco (2024) case illustrated this well. Lidl’s logo was protected not only as a trade mark but also under copyright for its graphic design. This meant the retailer could act against Tesco for its campaign mimicking Lidl’s iconic logo.
Trade mark limitations:
Trade marks do not cover artistic originality. If your logo is not inherently creative enough to qualify for copyright protection, the trade mark alone may not provide sufficient safeguards.
Where IP rights overlap
Brand protection is complete when different IP rights are understood and used correctly. The overlap between copyright, trade marks, and design rights ensures that your brand and all its aspects are protected simultaneously.
Example 1: Logos
A logo can enjoy copyright protection for its artistic design and trade mark protection as an identifier of goods and services. Further, if the logo adds visual elements to packaging, it might qualify for design rights too.
Example 2: Packaging
Packaging protections can also overlap. Graphics or artistic aspects are eligible for copyright, while the shape or configuration might qualify for design rights. If the packaging functions as a strong brand identifier, it could also be protected under trade marks.
A good example of this is Izipizi’s packaging, which was registered by the company.
The Importance of Strategic IP Management
Understanding how these rights interact with each other can give your brand a strategic advantage. If your IP strategy aligns the unique attributes of your business, you can obtain the correct protection and enforce your rights. We recommend focussing on:
- Register your IP: While copyright applies automatically, trade marks and registered design rights often require formal registration to achieve protection.
- Use layers of protection: Combine trade marks, copyright, and design rights to cover brand elements.
Final comments
The combination of copyright, trade marks, and design rights offers a wide approach for brand protection. Although each type of IP has its own role, their combined use can significantly strengthen your IP portfolio. It is important to understand these rights and how they overlap, which can allow you to build a legally strong brand identity.
Freeman Harris focuses on providing a full-spectrum of IP services. Our specialists can assist you with anything from copyright and trademark advice to adequate protection of your design rights, and even patents.
Contact us today and find out how we can help you protect your intellectual property rights.
