What is intellectual property?
Intellectual property (IP) refers to the creations of the human mind, such as inventions, literary and artistic works, and symbols, names, and images used in commerce. In the UK, IP rights are governed by a range of national and international laws and regulations, which aim to protect and promote innovation, creativity, and economic growth.
Creating intellectual property takes time and effort. Having spent months - and a great deal of money - creating an idea, would you be happy if a competitor stole your concept and passed it off as their own?
The legal framework gives businesses like yours, peace of mind and helps further innovation while providing clarity concerning the scope of protection it affords.
In this guide we’ll cover:
What intellectual property law means and which elements it covers
The five methods you can use to protect your business’s IP
Facts about trademarks
What steps you can take to protect your IP
Read on to learn what you can do to protect your business’s ideas.
Intellectual property law: what it covers
If you own a business, you also own intellectual property which can be anything from the logos used on your website through to in-house software programs. It could even be an idea you’ve created but have yet to execute and make public.
You may also use other people’s intellectual property - provided they’ve given permission. Else, if consent hasn’t been provided- or you’re using a similar version of the owner’s IP - you could be guilty of infringement.
Patents protect inventions and new technologies, while trademarks protect the identity of products and services. Copyright protects original works of authorship, such as books, music, films, and computer programs. Designs protect the appearance of new products, such as their shape, pattern, or colour.
So what steps can you take to protect your intellectual property and what are the different types of IP?
Five ways to protect your intellectual property
There are five ways you can protect IP in the UK: copyright, patents, trademarks, designs, and digital. These are complex and so you should seek specialist advice to ensure you’ve taken adequate steps to protect your intellectual property.
Let’s look at these methods in turn…
1. Copyright
Copyright covers a range of business assets including original documents, photographs, drawings, and any unique in-house software programs you might use. These works are yours to own - even if created by an employee and unless you specifically sign an agreement handing the rights to them.
If your business owns copyright it can:
● Permit individuals or other businesses to use that work upon payment of a fee
● Give permission for others to adapt, copy, and publish said work
● Sell it on to someone else, an organisation, or business
2. Trademarks
Think of a trademark as a differentiator that distinguishes the products or services your business sells from those offered by its competitors.
A trademark could be something as simple as a logo. It could even be a name. But not everything can be protected, so seek advice first.
Should you trademark your intellectual property? Yes, because it could boost your brand identity and prevent infringement.
Find out more about our Trademark Registration Service
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Find out more about our Trademark Registration Service 〰️
3. Patents
What are patents? They are a type of intellectual property that no one can use without your express content. Should they fail to do so, you reserve the right to claim compensation.
Unfortunately, you can’t just apply for a patent. You may need several (even for a single product) and the agency you’re dealing with must take care to ensure you’re not infringing on someone else’s patent - else you could be sued.
Sometimes, though, you can use another business’s or person’s patent simply by requesting their consent.
4. Designs
A design can protect parts of a product, such as its arrangement, appearance, or shape. It can also protect all of it. However, the design must be original and not copied. Only then can your business follow the registration process.
What are Unregistered Rights?
Upon creation, a product is automatically protected under intellectual property law and in the manner discussed above. But the duration of protection will only be 15-years from the moment it came into being. Registered Designs offer better long-term security and peace of mind.
What are Registered Designs?
Registered designs must go through the IPO. Before making an application your business should conduct a clearance search. Once the clearance search is complete you can register your design and renew it for a fee - thereby ensuring it doesn’t expire and leaving the product in question open to infringement. You can only renew a registered design up to five times - in other words, for a total of 25 years.
5. Digital
One of the challenges of IP law in the UK is keeping up with the rapidly changing nature of technology and digital media.
For example, in recent years there has been a surge in online copyright infringement, such as illegal file-sharing and streaming. To address this issue, the government has introduced a range of measures, such as the Digital Economy Act 2010, which provides for internet service providers to send warning letters to suspected infringers, and the Copyright (Online Infringement) Regulations 2018, which allow copyright owners to seek court orders to block access to infringing websites.
Facts about Trade Marks
Trademarks are territorial:
Trademarks are registered on a country-by-country basis, which means that trademark protection only applies within the country in which it is registered. If you want to protect your trademark in multiple countries, you will need to register it in each individual country.
Trademarks must be distinctive:
To be eligible for trademark protection, a mark must be distinctive, meaning that it must be unique and easily distinguishable from other trademarks in the same category. If a mark is too similar to an existing trademark, it may be rejected.
Trademarks must be used in commerce:
A trademark only provides protection if it is used in commerce. Simply registering a trademark does not automatically provide protection. The trademark must be used in connection with the sale of goods or services in order to be protected. Use it or lose it!
Trademarks can be renewed:
Trademarks typically have a 10-year registration period, after which they must be renewed in order to maintain protection. This means that it is important to keep track of when your trademark was registered and when it will need to be renewed.
Trademarks can be challenged:
Trademarks can be challenged by others if they believe that the trademark is too similar to their own, or if they believe that the trademark should not have been granted in the first place.
Taking care of your intellectual property
Presuming you own IP assets you should audit them often. This will identify products that are unprotected or which are due to expire soon, so you can take decisive action and avoid gaps that would leave your business vulnerable. The audit might also highlight areas that require improvement or a complete overhaul.
Depending on how many assets you own this could be quite an onerous task, which is why businesses often contact intellectual property and copyright specialists to complete the audit on their behalf.
Can you afford to ignore intellectual property law?
Because it’s complex, reviewing your IP assets might be one of those tasks you continually put off. Instead of putting your business at risk, why not take the next step by contacting one of our specialists and discussing your situation with them.
We work with start-ups and established businesses - so, no matter what your level of IP knowledge, we’ll be able to empower your business by protecting its assets.
Are you ready to protect your business and minimise the chances of your intellectual property being stolen or devalued? Then book your free Compliance Chat and let’s discuss your requirements in more detail.
