Member Article

APPLE CASE PROVIDES LESSONS FOR BUSINESSES

A leading commercial lawyer says that the recent case between smartphone giants Apple and Samsung provides an important lesson in protecting products for businesses across England.

Jane Rudge, a lawyer at Midlands law firm Higgs & Sons, says the case between Apple and Samsung is a warning to all businesses: “In August, smartphone giants Apple and Samsung came head to head in the American courts over allegations that each had used the other’s designs and technology,” explains Jane.

“The size and importance of these players in the smartphone market means the impact of the case is huge – currently Samsung have been ordered to pay US$1.05 billion (£665m) in damages and Apple is seeking to have several Samsung products banned. As a result Samsung’s share price fell 7.5% in one day, wiping billions off the company’s value.”

The case illustrates the importance of making sure your products are protected and equally, that you are not infringing anyone else’s rights.

Jane says businesses should do all they can to protect themselves in advance of developing and launching a new product.

“Prior to incurring expense in developing a product and investing in a brand, you need to ensure is that you are not infringing anyone else’s rights,” explains Jane.

“Conducting the right searches and checking the registered rights worldwide should be part of your development plan. The costs of getting it wrong could be substantial. The costs of carrying out a re-branding exercise, re-printing stationery and publicity materials and re-designing packaging soon add up if you unexpectedly find that the brand you have chosen is objected to by someone with a similar established brand.”

Jane advises that professional advice on what you can do to protect the design, technology and branding of your products should be taken from the outset and points out that James Dyson made millions in damages from enforcing his patents rather than selling his products.

“We can help you decide on the most appropriate protection for you and your products, which can be more valuable than you think. It was Apple’s registered patents that netted it the billion-dollar damages claim,” concludes Jane.

To find out more contact Jane Rudge on 0845 111 5050 or visit www.higgsandsons.co.uk.

This was posted in Bdaily's Members' News section by Hazel Crawford-Upton .