A new idea

ElvisPresleysCat

Hi all,

Firstly, if this is posted in the wrong area, please feel free to move it to the correct location.

I wonder if anyone can help me?

Without going into too much detail, I'm considering setting up a pack, or kit if you will, containing several products. My question is: if I am selling these packs -- and ultimately reselling products within those packs -- do I need to contact each and every manufacturer (of that individual product) and ask permission or simply state what I'm doing?

On that note, what is the best way protect my intellectual copyright?
I had heard -- and I don't really put anything in this -- that I could compile my ideas, drawings, plans and thoughts etc. and post it to myself via the Post Office, thus giving me a secured date of posting.

Any thoughts?

Thanks
Adam

Pennywise

I don't think there's any requirement to inform the manufacturer when you're re-selling some of their products. I think all they can do is prevent you from using their trademarks and copyright material, i.e. stop you copying and using their logos etc in your marketing.

As for the "post your ideas to yourself" idea, it's an urban myth and is no guarantee of protection. It "may" help your case alongside other evidence, but on it's own is fairly useless. One of the reasons being that you can send yourself an empty unsealed envelope and then put paperwork in it and seal it long after it was posted to you. You're fair better getting your ideas down on paper and then having them lodged with your solicitor in their safe, or at the very least, getting your ideas sheets countersigned by a couple of "respected" people to witness and date the paperwork. Of course, even better is getting your ideas patented properly.

ElvisPresleysCat

Thanks for responding.

Is it worth approaching the manufacturer and asking for direct distribution or perhaps slightly lesser pressure and volumne, a local outlet i.e. a cash and carry....?

Can you provide a place to look or a person to talk to (or a site to visit) where I can find out about the correct way to protect my idea - be that copyright or patient etc.

Thanks
Adam

InsideInsurance

It all depends on what volume you are willing to commit to. If its high enough then direct to the manufacturer will be the cheapest but if not then intermediary distributors such as cash and carry can work out cheaper for you.

To use the manufactures logos/ brands/ trademarks then you should ask permission beforehand. If you do sign a contract with any distributor you need to read the terms and conditions of that contract as these can limit your distribution methods such as repackaging or sales channels (if you look at higher end hifi equipment manufacturers they often prohibit distance sales of their goods eg Cyrus).

You would need to speak to a solicitor specialising in intellectual property as to what, if any, your options are in terms of your idea. There is no ultimate infallible protection but the self posting idea can help in cases of copyright disputes as it seeks to establish a date on which the thing was created by you. That said I am not even sure if a copyright is possible on what you are thinking about. The Law Society website will help you find a relevant solicitor firm.

the_matrix

Hi

This is who you need to contact:
http://www.innovate-design.co.uk/mailcontact.asp

They have two copies of a legally binding secrecy contract should you chose to do business with them.

HTH

ElvisPresleysCat

I've been looking into patenting my design, the problem is that I'm not sure I can patent it. Considering it's a kit containing products, I'm not exactly "inventing" anything, rather repackaging something.

To me, it is the idea that needs protection, along with the contents etc.

I cannot copyright as it isn't art, music or writing. I don't think it falls under the patent umbrella because it also doesn't have an inventive step that is not obvious to someone with knowledge and experience in the subject. Finally it's not a trade marked name either.

Any thoughts?

Ta,
Adam

Horace

I don't think you can patent it because a patent is for manufactured products and you don't manufacture anything you are just selling a kit of stuff that you have put together yourself. Anyone can put kits together.

Why not have a word with your local chamber of commerce as they will be able to give you some free advice?