NEW YORK — Books devoted to legal topics are rarely on must-read lists. But a new book from two of the world’s leading intellectual property experts seeks to be just that for anyone who has invented something, created a work of art, written a song or designed an article of clothing.
Longtime friends and colleagues Frederick Mostert, head of intellectual property for Richemont Group, and Lawrence Apolzon, a partner with intellectual property firm Fross Zelnick Lehrman & Zissu who specializes in trademark and design patent law, teamed up for the U.S. edition of “From Edison to iPod” (Dorling Kindersley). The book dispenses with legalese in favor of straightforward language and real-world examples, giving designers, inventors and other creative people a road map for not only how to protect their ideas, but how to infuse their creations with multiple layers of protection.
The book’s genesis came several years ago when Mostert was developing lectures for young designers attending Richemont Creative Academy in Milan.
“The heart and core of this started with designers,” said Mostert, who called in friends such as Stella McCartney and Nelson Mandela to contribute quotes for the book’s cover jacket. Simplifying the basic concepts surrounding things such as trademarks, copyrights and patents was a key element of those lectures and was carried over into the book. The book also seeks to drive home the fact that its principles could be applied to a variety of disciplines. “We tried to make this as visual as possible….We wanted to show that you’re surrounded by IP,” said Mostert.
For example, the image of a Panerai watch fills an entire page and the text notes 17 potential forms of protection that could be applied.
Mostert said designers tended to make two common mistakes — they failed to keep records of their work detailing when they created it and when they used it, and they failed to realize that being first is sometimes all that matters when it comes to intellectual property. The idea itself is not enough.
“You need to do something with the idea,” said Apolzon.
The apparel industry also may be underusing design patents, which protect the appearance or ornamental shape of an item. Apolzon believes this is due to the fact that design patents often take longer to establish and may not seem like a prudent investment, given the fast pace with which fashions change. However, some of those designs can become core products and evolve into something that can be trademarked. For example, Coca-Cola filed a design patent on a distinctive bottle in 1915, which protected the design for 14 years. However, in that time, the shape of the bottle became associated with the product, which made it protectable as a trademark, which has protective power that extends as long as the design is used.
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“Over time, trademark rights can develop,” said Apolzon. “They can evolve, so it’s worth it if you’ve protected the product for the design initially.”
Mostert is taking the message of “From Edison to iPod” around the world, working with other co-authors to introduce country-specific editions of the book. A Chinese edition will be launched in April, followed by a South African version in July. South Korea and Taiwan editions are also in the works.