DesignProtect Insurance
Insuring Against the Risk of Copyright InfringementWhat is DesignProtect?
DesignProtect is an innovative service uniquely offering cost effective legal insurance for all your designs which you can log with us. Whether you design textiles, fabrics, prints, garments, footwear, accessories or 3D objects, you will find this service vital to your business.
What types of situation does it cover?
The insurance principally covers the legal costs of:
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bringing an action in the UK against anyone who has illegally copied any of your designs or any registered design that has been granted; and
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defending an action in the UK brought by anyone who wrongly claims that your designs have been copied from them.
What does it cost and how much cover do you get?
The cost depends on your annual turnover. The table below shows the premiums payable. In return and subject to the terms and conditions of the policy, the insurers would make available to you a potential fighting fund up to the figure specified in the table below.| Turnover | Fighting Fund | Premium |
| £0-50,000 | £25,000 | £150 + VAT |
| £50,001-100,000 | £50,000 | £200 + VAT |
| £100,001-250,000 | £50,000 | £300 + VAT |
| £250,001-500,000 | £100,000 | £400 + VAT |
| £500,001+ | £100,000 | £550 + VAT |
How long does it last?
The premium is annual.
Is there an excess or other contribution?
As long as there is no claim under the policy there are no other costs. If there is a claim, in common with many insurance products, the insurers expect some sort of ongoing contribution from the insured to ensure that they act reasonably. There is no excess to pay and that means no barrier to you getting immediate benefit from the insurance. We have negotiated a co-insurance of 10% which means that: the insurers would cover 90% of legal bills up to the limit of the fighting fund set out in the table above; and the insured would cover the remainder. You should also bear in mind that the fighting fund is limited and we cannot guarantee that it will be sufficient to cover your costs and your opponents will also be incurring costs. Normally the successful party in a legal action recovers most of its costs from the unsuccessful party. In the event that an insured is successful and recovers damages but any of the insurer’s costs are not recovered from an opponent the insurer can recover its costs out of the insured’s damages.
How do I get the insurance?
You can simply buy the insurance by contacting us, paying Briffa the premium which matches your turnover in the above table. For example if your turnover is less than £50,000 you will need to pay £150 + VAT.
Is anything excluded?
The policy will only cover good copying claims that an insured member of DesignProtect finds out about after the insurance is in place and within the insured year. It would not cover copying which a designer is or should be aware of prior to taking out the insurance nor copying which may have begun before the expiry of the insurance but which a designer only finds out about after the insurance has expired. It does not cover criminal actions or those invoking the powers of Commissioners of Customs and Excise.
In addition to the above, there are the usual exclusions. Most are unlikely to arise and a full list is available from Briffa. However, the main exclusions to note where the insurance does not apply are:
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where a designer has acted recklessly in allowing the copying to happen; or
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where a designer (were he paying himself) would not take or continue the action, for example where a reasonable offer has been made; or
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in relation to disputes between two persons who jointly own the design; and
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in relation to a designer’s (employee’s etc) own time and expenses in bringing the action.
Is there anything I can do to help avoid being copied?
Yes, make sure people know your work is protected by copyright and you are a member of DesignProtect helps. In your Welcome Pack provided with your insurance documents you will find notes on copyright as well as stickers for use on drawings and an exhibition stand notice. If you want to use the DesignProtect logo on your website or other materials we can supply the logo in jpeg format.
Whilst it is not a compulsory requirement of DesignProtect Insurance, taking out the insurance also entitles you to make use of a no extra cost recording and archiving system by which you can electronically log your designs with us. By sending us your designs, as they are created, DesignProtect can assist you in providing evidence of when your designs were created. The scheme covers all materials that you send us as Jpeg attachments to the email address designprotect@briffa.com with the insured's name as the subject of the email. The archiving scheme is free but only runs in conjunction with DesignProtect Insurance. If someone then copies your designs in future we would provide independent third party evidence of your design and the insurer could provide the funds to use that evidence to enforce your rights.
What if I were then to be copied or accused of copying?
As soon as you become aware of a claim you should contact us immediately. Once we have the basic details of the case including samples or good quality photographs of the original and infringing items we would then give you an opinion as to whether the case appeared to be a good one under which a claim/defence could be made and, if it was a good one and if necessary, we could send your opponent a letter or undertake emergency action on your behalf (incurring costs up to £5,500) without the need to obtain insurer’s approvals and the normal delay that that causes. Thereafter, we would report to the insurers and progress the matter for you in the best way if necessary and having obtained the insurer’s consent, by taking/continuing formal legal action.
Do I have to use Briffa?
No, under the terms of the policy you would be free to choose certain other specified lawyers to represent you although we would hope that you would continue with ourselves. In the event you choose to instruct other lawyers, there is however added cost. There is an initial upfront fee to pay for an independent legal opinion as to the merits of the case and a co-insurance contribution of 20%. The insurer will cover 80% of legal bills up to the value of the fighting fund.
What role do the insurers have?
The insurers:
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have a right to be kept advised of all material facts and matters relating to the claim;
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ultimately decide whether it is reasonable to commence and/or continue to fund an action however, they have to take account of our opinions and may seek the opinion of independent lawyers (which the insurer will organise and pay for) and the insured has a right of appeal; and
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must approve certain steps relating to significant expenditure, any and all admissions and offers of settlement made to the opponents and the final settlement.
Do I have to go all the way?
No. Most cases settle well before trial. Many settle in the very early stages. As with all cases we will throughout look for ways in which to settle the case for you on favourable terms without the need to go to trial. Sometimes the solution which emerges can be quite novel. No two cases are the same. At the end of the day it should be remembered that even good cases carry risk and the time and energy spent on pursuing a case which could otherwise be expended moving your business forward should not be underestimated.
Where can I get more information generally?
You can link to real case studies here which allow you to see the full benefitis of DesignProtect Insurance.
If you have any further questions please call us on 0207 288 6003 to speak to one or our lawyers or email us at designprotect@briffa.com.
To Join DesignProtect
You can join DesignProtect by completing the form below. If upon receipt of the Welcome Pack you for any reason change your mind you have a right to cancellation. Also before completing the form you should consider if you have appropriate alternative insurance. If in doubt please call us for advice.
Sign-Up for DesignProtect InsuranceThis firm is not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Law Society. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register.