Intellectual property
Protecting your ideas
Copy Businesses often find that the issues relating to Intellectual Property (IP) transcend national boundaries. The growth of the global market place and proliferation of online trading mean that there is a need to protect, commercialise and enforce rights in new products, design and technology potentially worldwide.
There are a number of legal rights available to protect your intellectual property both in the UK and overseas. It is important to seek expert legal advice to ensure you have suitable protection and also to understand how best to exploit and enforce it in order to achieve your business aims.
Taking stock of your rights
Many businesses are unaware of the extent of their intellectual property and the consequences of failing to protect it properly. For example, both in the UK and many other jurisdictions, 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, the Irwin Mitchell 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
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 having trade mark searches carried out to ensure your chosen brand is available to filing applications at a UK or EU level. We also have links with a network of associates to advise on the international dimension of your brand and arrange for trade mark filings in overseas jurisdictions. A large amount of trade mark filing work is carried out at on a fixed fee basis and a schedule of our UK and Community Trade Marks Registry 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. 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. There are both European and worldwide filing systems for patents to facilitate the international protection of your inventions.
Our team works closely with an international network of 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. Whilst copyright is a national right so that each country has its own rules in relation to its subsistence and infringement, there are a number of international conventions which help you to secure rights overseas. We advise on how these conventions give you rights abroad and the formalities required to take advantage of them.
Design protection
Whilst there are national rights in designs which are governed by national laws, protection is also available in Europe at a European Community level. The protection of designs is a complex but important area. We will advise you on which type of designs are suitable for registration and guide you through the entire process.
Confidential information
Preventing competitors or former employees making use of trade secrets and other sensitive information is a concern for all businesses. The Irwin Mitchell IP team provides useful 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 for the unwary. It not only covers many different business areas but is also regulated by detailed and specific laws often which vary from country to country. 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 by a third party, we can provide practical advice as to how to resolve the dispute and minimise damage to your business.
We also advise on the availability of cross border remedies which can give you a remedy in a number of jurisdictions via one set of legal proceedings in a single country.
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 +44 (0) 207 477 2775 to arrange a consultation, or use the links above to drop us a line.