How to protect your intellectual property: key areas you need to know
4th July 2023 by Tiff Elmer
As a business owner, you create and innovate every day. Whether it’s the design of a new product, the development of a piece of software or the creation of a new brand, your intellectual property is the cornerstone of your business’s success. It’s also incredibly valuable, which means that protecting it is crucial. In this article, we’ll explore the key areas of intellectual property protection that you need to know about, including trade marks, patents, copyright and design rights.
Trade marks
A trademark is a sign that distinguishes one business from another and can be a symbol, word or phrase. When it comes to trade marks, it’s important to register your mark with the relevant authority, such as the Intellectual Property Office (IPO) in the UK. A registered trade mark means that you have the exclusive rights to use that mark and can prevent others from using it without your permission. This can also include similar marks that may cause confusion in the marketplace. In addition to registering your trade mark, it’s important to monitor your mark and take action against any infringements.
Patents
A patent is a form of intellectual property protection that gives you exclusive rights to your invention. This means that others cannot manufacture, sell or use your invention without your permission. In order to obtain a patent, you must apply for one through the IPO and meet certain criteria, including novelty, inventive step and industrial application. Patents can be expensive to obtain and enforce, but they can also provide significant value to your business by preventing others from copying your idea and giving you a competitive advantage in the marketplace.
Copyright
Copyright is a form of intellectual property protection that is granted automatically to the creator of an original work, such as a book, film or piece of music. It grants the creator the exclusive right to copy, distribute, and exploit the work for a certain period of time.
In the UK, duration of copyright protection depends on the nature of the work protected. For example, literacy, dramatic, musical or artistic works last the lifetime of the owner plus 70 years after death (or 50 if computer generated). Copyright in audio-visual works is different, in that broadcasts are protected 50 years from the date made and sound recordings are 50 years from date of publication. Films are protected for 70 years following the last death of a criteria of persons involved and typographical arrangements has the shortest duration of 25 years from publication.
Copyright infringement can occur when someone uses your work without permission or without giving you credit, so it’s important to ensure that you have the necessary permissions in place when using the work of others.
Design rights
Design rights protect the appearance of a product or its packaging and can be granted to both 2D and 3D designs. In the UK, there are two forms of design rights: registered designs and unregistered designs. Registered designs must be applied for through the IPO and provide exclusive rights to the owner for up to 25 years. Unregistered designs provide less protection and are only valid for three years from the date of the first commercial use.
Conclusion
Protecting your intellectual property is essential for the success and longevity of your business. By understanding the key areas of intellectual property protection, including trademarks, patents, copyright and design rights, you can take steps to safeguard your ideas and prevent others from using them without your permission. Whether you’re a small business owner, entrepreneur or designer, make sure you take the time to consider how you can protect your intellectual property and ensure the long-term success of your business.
If you require any further information or would like to discuss any of the above further, then please contact Tiff Elmer at t.elmer@laceyssolicitors.co.uk or on 01202 377 814.
Tiff Elmer
Solicitor — Corporate and Commercial
Direct dial: 01202 377814
Tiff joined Laceys in July 2021 as a paralegal and qualified as a Solicitor in 2023 deciding to specialise in Corporate and Commercial law. Tiff has relocated back home to Bournemouth after living in Bristol for four years where she completed her LPC at the University of Law, and worked in a large commercial law firm as a trade mark paralegal. Before moving to Bristol, Tiff completed her Law LLB Hons degree at Southampton Solent University in 2016 graduating with a 1st.
Tiff has particular experience in intellectual property law and assists her team to advise a range of businesses in various sectors in relation to intellectual property matters and commercial contracts, and is enjoying expanding her knowledge and skills within the commercial field.
Outside of work Tiff enjoys being outdoors by going for long runs, hikes and paddle boarding around the beautiful South Coast with family and friends.
Related articles
Secure your brand’s future and WIN a trade mark application worth over £1500
Are you in charge of a business? Would you like to protect your brand and enhance you...
FAQs on Trade Marks
Navigating the legal waters of trade mark registration can be complex, but it’s crucial for protecting your...