Understanding how to protect intellectual property, as well as how it can benefit you can be challenging. That’s why in his latest article Arya Koohgilani outlines the fundamentals of protecting intellectual property.
What is meant by intellectual property?
Intellectual property is the legal protection given to ideas and creations, such as inventions, designs, brands, and artistic works. So that creators can control how they are used.
The concept of intellectual property is to protect human creation and intellect that often arise from a commercial endeavour.
It is a mechanism used to encourage innovation and creativity whilst providing protection for these intangible rights and assets. These rights include:
- trademarks,
- copyrights and,
- patents
What rights are protected by intellectual property?
Intellectual property rights grant the owner protection over their own creation or artistic expression.
Depending on the type of intellectual property you possess, you will be given various rights under these mechanisms. This will ensure you are able to benefit from your own intellectual property, and refrain others from doing so without your consent.
You will then have the power to control your intellectual property and more specifically, how it’s used in your typical day to day business operations and practices.
Do I need to protect my intellectual property?
There are many substantial reasons for protecting your intellectual property:
Preventing others from benefiting from your creations
There may be significant value to what your intellectual property is offering your business. Protecting your intellectual property prevents others from benefitting from your creations by using it in any capacity.
It stops others from copying your intellectual property or using it to their benefit without your consent.
It can be crucial to the commercial success of your business, so it is important to protect your potential source of success.
Benefit your position in the market
Your intellectual property can become an extension of your business. Protecting your brand, both commercially and legally, provides you with a strong position within your market.
It can ensure that the intellectual property is associated with your business to provide consumers with a level of trust and assurance that they can associate with your brand.
Taking legal action
Once your intellectual property is protected, if anyone was to infringe on your rights, you may be entitled to pursue a claim against them. This could be done by someone using your trademarked name without your permission or through the unauthorised use of your photographs on a third party website.
You can discuss how protecting your intellectual property will benefit you with one of our specialists on 01202 499255.
How to protect intellectual property UK?
Each type of intellectual property can be protected in a different way:
Trademark
Trademarks are an identifiable mark, which can constitute a logo or a text, that are unique to you or your business. An application to register a trademark can be made to the IPO (Intellectual Property Office).
Copyright
Copyright arises automatically once the creative expression or work has been created in a tangible form, such as being written on a piece of paper. As a result, no application or registration is required to protect any copyrighted work.
Protecting your Intellectual Property through Agreements
You can also protect your intellectual property through the use of agreements. These can set out the licenses or rights under which others may be able to use your intellectual property.
There is a wide variety of agreements under which these rights may be set out within. Such as a franchise agreement or a software development agreement.
What are the main types of intellectual property protection?
The most common intellectual property protection you may come across in your business are trademarks, copyrights, passing off, patents, designs.
How long is intellectual property protected?
Depending on the intellectual property, you will be afforded different durations of protection:
Trademark duration
Trademarks last for a period of 10 years from the date of the application, this period can be renewed for a further 10 years (from 6 months prior to the expiration date).
For example, if your trademark expires on the 1 September 2026, you will be able to apply for renewal from the 1 March 2026 (6 months prior to the trade mark expiring).
There is no limit to how many times a trademark can be renewed, as long as it continues to be used by the owner and the renewal application plus fees have been correctly processed.
Copyright duration
Copyright typically lasts for the life of the copyright owner plus 70 years from the date of death. So, if a copyright owner dies in the year 2030, the copyright would last 70 years from their death until the year 2100.
What happens if you don’t protect your IP?
“Not protecting your intellectual property creates uncertainty and ambiguity. It devalues your creation or brand and leaves you susceptible to infringement and other issues that you may not have any recourse against.
If you do not adequately protect your rights. It is important that you protect your intellectual property and by virtue, your business.” Corporate & Commercial Expert Arya Koohgilani.
Specialist intellectual property solicitors
One of our intellectual property specialists will be able to advise you on any IP matters that may arise. They can advise in dispute as well as draft any necessary documents.
Comments