Intellectual property advice
Intellectual property experts
Although it is difficult to define intellectual property, in a nutshell it is the fruit of creativity, original ideas that take physical form. It can protect things such as industrial designs, brand names, logos, computer software, photographs, inventions, customer lists, know how and trade secrets.
In today's climate, businesses are often looking for their unique selling point, a way of putting themselves ahead of the pack. More and more this is coming from their intellectual property. Businesses are realising that effective protection and use of intellectual property can not only safeguard innovation but can make ideas and creativity work harder for their business.
There are a number of ways to protect your intellectual property. It is important to seek expert legal advice to find out the best way for you and also to understand how best to enforce it in order to achieve your business aims.
Taking stock of your rights
Intellectual property rights
Many businesses are unaware of the extent of their intellectual property and the consequences of failing to protect it properly. For example, failure to file for a patent before making the invention available to the public can mean that the right to obtain this valuable protection will be lost. As a useful introduction to the issues, our IP team can provide an audit of your IP rights. We will identify what intellectual property assets you hold, assess the protection available to them and offer advice on a practical enforcement strategy. We can also advise on the ways to exploit your creativity to its maximum potential.
Trade marks
Trademark information
All businesses should consider protecting their brand identity and products through trade mark registrations.
Irwin Mitchell can deal with all aspects of registering trade marks, from searching to check if your chosen brand is available to filing applications at a UK or EU level. Most trade mark filing work is carried out at on a fixed fee basis and a schedule of fees is available from the IP team.
Once your trade mark is registered, we can also assist with the exploitation of it and help you devise an effective strategy to police it.
Patents
A patent protects inventions via a statutory monopoly for up to 20 years. It is therefore a very valuable right for new and inventive processes or products. Whether or not you are involved in research and development in its traditional sense, any company that devises a new invention with industrial application should examine the practicality of obtaining a monopoly on it through a patent.
Our team works closely with patent agents to help you devise a practical patent filing strategy. We can also advise on structuring the exploitation of your patents and enforcing the monopoly.
Copyright
Copyright is a very useful right in a business' IP arsenal. It protects original material such as computer software, promotional literature, documentation and photographic material. Not only can it last for up to 70 years after the year in which the author of the work dies but also, arises without any formalities.
The lack of formality can cause problems on a practical level. The fact that it arises automatically often means that a business does not keep appropriate records to prove the existence of copyright and their ownership of it. Proving infringement by competitors is therefore not always as straightforward as it might be. In addition, it is often thought that commissioning work gives a business the copyright. It does not. No copyright will transfer without a written agreement. Our IP team offers expert advice on the full range of copyright issues including keeping records, document retention and securing ownership.
Design Protection
Industrial designs can be protected by both registered and unregistered design right at both the UK and European Community level. Protection varies under the various regimes but design registration can give a business a monopoly right for up to 25 years. We will advise you on which type of designs are suitable for registration and guide you through the entire process.
Confidential Information
reventing competitors or former employees making use of trade secrets and other sensitive information is a concern for all businesses. Our IP team provides practical advice on protecting confidential material. From setting up and maintaining confidentiality agreements to establishing systems that prevent unauthorised release of information, we will help ensure that your sensitive material is fully protected.
Infringement - negotiating the minefield
Whilst Intellectual property is a valuable asset for most businesses, infringement of it can prove to be a minefield. IP not only covers many different business areas but is also regulated by detailed and specific laws. It is all too easy to make mistakes. With the possibility of substantial damages, liability for making threats of infringement, directors of limited companies facing personal liability in some cases for infringement and the possibility of criminal proceedings being brought, mistakes can mean more than simply failing to protect and maximise the potential of your own ideas.
Irwin Mitchell can guide you through this minefield. We not only advise on protecting and policing your own rights but also how to avoid infringing third party rights. If the worst happens and infringement action is brought against you, we can provide practical advice as to how to resolve the dispute and minimise the damage to your business.
Our approach
All our advice is tailored to meet your individual business needs. We get to know your business, understand your aims and objectives and provide IP advice that meets your overall commercial strategies. Rather than simply working for you, we build a relationship based on trust and work together to minimise potential problems and maximise potential profit from your brand identity and other original ideas.
Call us now on 0870 1500 100 to arrange a consultation, or use the links above to drop us a line.