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Copyright for new business idea

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  • 07-01-2014 12:36pm
    #1
    Registered Users Posts: 23


    Hi, my sister and I have come up with (we think) a very good idea for a business.
    It would involve sourcing someone who could manufacture our idea and we would do all the marketing. Having googled it, there is nothing like it available anywhere and we feel it would be a massive seller, there is also a unique Irishness to it that would make it attractive to the American market.
    As it is only an idea at the minute, we are very keen to protect it.
    It is the type of thing we will design ourselves and start up on a small scale and build on it from there.
    Patents from what I can work out are expensive and we have no money.
    Is copyright enough to protect our idea?
    Could we send design and plans to my address and keep it sealed..would this do it?
    Any advice would be very much appreciated, thanks :)


Comments

  • Closed Accounts Posts: 899 ✭✭✭djk1000


    You need to speak to a solicitor that specialises in intellectual property rights. Copyright is mainly to do with "artistic works", but depending on the country it can sometimes apply to design or parts of a design.

    Long story short, even if copyright gave you some protection in one country, it may not in another, but broadly speaking copyright probably isn't enough to protect you (or indeed, applicable at all).

    This is a very common problem, if patenting is to expensive or difficult, all you can really do is get first mover advantage. Make sure the manufacturer is tied into a contract to not make or sell your product to anyone else and then make sure you are good at building your brand and marketing your business so it's difficult for a new entrant to compete.

    Alternatively, if it is as good as you say it is, then focus all your efforts on patenting, you can then license the design for other businesses to make and sell.


  • Closed Accounts Posts: 2,091 ✭✭✭Peterdalkey


    I suspect that you have a unique design rather than a brand new invention. New design is automatically granted copyright but it is best to secure proof of first rights. see http://www.patentsoffice.ie/en/copyright-frequently-asked-questions.aspx for some very good info. It also helps is you claim copyright in the product itself using © on the product itself.

    The other thing you should consider is claiming a Trade Mark (tm) for your brand, many times a brand is much more valuable than a patent!! If it grows, you can always strengthen your position by going to a full registered Trade Mark . http://www.patentsoffice.ie/en/trademark.aspx

    PS You can do most of the work yourself at very little cost!!


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