It's an exciting time, you have an idea for a new jewellery brand to shake up the market.
But before you rush off and launch your brand to the public, there a few legal considerations you should think about. I've listed below some key items that should be on your shopping list as and when your budget allows. Ensuring these solid building blocks are in place early on should help you secure investment and will increase the value of your business.
Freelancer Agreements
It is very likely as you develop your brand that you will be using freelancers. This may be to build and maintain your new website, create your brand's logo or design a range of your brand's products.
The starting point in law is the freelancer will own the IP in what they create for you, and you will simply have a license to use the same. This legal presumption can be rebutted if you have a clear written agreement in place to the contrary. A robust Freelancer Agreement that ensures all of the IP and future IP they create flows to your business will do the trick.
Trade marks
Obtaining a registered trade mark in the territory/ territories your brand will be sold into will help protect you against copycats. I discussed in my recent blog the benefits of investing time and consideration into this process, before you launch your brand.
Designs rights
As a design rich business, you will want to ensure your designs are protected. Design rights fall into two camps, "unregistered design rights" and "registered design rights". The law surrounding design rights underpins why it is critical to ensure your business actually owns the IP I in the designs, and not the freelancer (see above)!
This area of law is tricky, so it is important to reach out to a lawyer early on to ensure your design portfolio is protected. However two things to keep in mind:-
- You will only be able to obtain a registered design right if the application is filed within 12 months from the date you originally disclosed the design to the public (this includes trade fairs and magazines etc).
- You should ensure you retain all of the original design documents as they can prove very helpful if disputes arise.
Manufacturing agreements
If you are looking to manufacture your products it will be key to have a clear agreement in place to ensure your business retains all of the IP. This is of particular importance in countries like China where manufactures have been known to appropriate IP unlawfully. We can engage our specialist agents in China to ensure your agreements protect you.
We regularly assist fashion brands grow from their founder's bedroom into large companies. Please feel free to contact us if you have any queries.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.