Relating to creations of the mind, the concept of ‘intellectual property’ (or IP) can feel like a complicated issue to wrap your head around. However, if you run a business of any form, understanding your IP rights is vital for your brand identity.
At Hay & Kilner, we recognise how this complex branch of law can greatly impact your company’s success. In light of this, our guide to intellectual property law is designed to walk you through everything you need to know — from what counts as intellectual property to how dedicated solicitors can help you protect your IP.
Please note: It’s worth highlighting that intellectual property law varies depending on your location, and our guide is focusing specifically on IP law in the UK.
No matter what industry you’re in, your business has intellectual property. You might have created the IP yourself or bought the rights to it.
Providing it meets the requirements for a copyright, patent or design (which we’ll go into shortly), IP is anything created with the effort of your mind, including:
Because intellectual property concerns the mind, it’s possible for other people to copy or steal business ideas. It’s not always with mal-intent, either. Two businesses can have the same or very similar ideas at the same time. If one invests in IP first, the other will be at a disadvantage.
This is where intellectual property law comes in — this branch of law is designed to support businesses in protecting their IP. In some cases, this will be non-contentious (for example, licensing and confidentiality agreements). In others, it’s contentious — resolving disputes and claims relating to copyright infringement, for instance.
So, what intellectual property protection is available for your business? Depending on your circumstances and the type of IP you’re looking to protect, you’ll usually need one of the following:
Patent: If you have an invention or a product, you can register for a patent to show that it’s your intellectual property.
Design: Registering a design protects the IP of the appearance of a product. The process generally takes around three weeks.
Trademark: A trademark can protect brand or project names, jingles, and logos. It usually takes around four months to register a trademark.
Copyright: You don’t need to officially apply for a copyright, but you can mark your work with the copyright symbol (©) to prevent others from copying it. This applies to original literary, dramatic, musical and artistic work, recorded music, recorded film, web content, software, and databases.
While you can add copyright symbols to some work, other aspects of IP protection are more complex. An intellectual property lawyer can help you navigate the process of protecting your business’ IP, no matter the form.
As we mentioned earlier, intellectual property law falls into two categories: contentious and non-contentious. Our team of intellectual property solicitors at Hay & Kilner can support you with both.
Do you know what intellectual property your business has? Many businesses don’t realise they could be protecting their IP because they don’t realise some of their assets count as intellectual property.
An intellectual property lawyer can help you identify your intellectual property and how to protect it through licensing. At Hay & Kilner, our specialists are also available to support you with:
What happens when another business infringes on your intellectual property? What about if you unwittingly infringe on another company’s IP?
There are several steps and outcomes, but, in a nutshell, legal proceedings may take place to determine who has IP ownership. If an injunction is granted, the infringing party may have to pay the IP owner compensation and stop using the intellectual property asset in question. On the other hand, the court can also remove IP rights from the register if they turn out to be invalid.
When disputes arise, intellectual property solicitors can help resolve them. The team at Hay & Kilner is here to help you navigate IP claims — whether they relate to software, designs and brands or infringement of copyright, trademarks, patents, and design rights.
From disputed domain names to injunctions, a trusted intellectual property lawyer from our team of legal experts will have a keen understanding of IP law and its complexities. They can offer tailored legal advice to help make navigating claims and conflicts of interest as stress-free as possible.
Please see our intellectual property law page to find out more about our contentious and non-contentious IP legal services.
At Hay & Kilner, we pride ourselves on being one of the best intellectual property law firms in the North East. We understand that having the right level of intellectual property protection can make a world of difference to your business. We also know that navigating the ins and outs of IP disputes can feel daunting. With one of our experienced intellectual property solicitors by your side, you can confidently explore your IP options and prime your business for success.
Please get in touch with us to discuss your IP law needs.
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