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01 overview
You’ve heard of trademarks, copyrights and patents as methods of defending your intellectual property.
They are essential ways of securing IP to protect your hard-earned innovations, creations, and brand identity.
This guide on intellectual property (IP) will explain the different types of IP, their importance for businesses and individuals, and the processes involved in protecting and enforcing IP rights.
We’ll inform businesses, creatives and inventors on the various aspects of intellectual property law and outline the importance of seeking expert legal assistance for IP protection and enforcement.
We’ve written this for:
There are many different types of intellectual property all with different methods of protection. Protecting intellectual property is essential to maintain smooth business operations, protect brand integrity and retain a competitive advantage in your industry.
Are a sign that distinguishes the goods or services of a business from another. They can include words including slogans, logos, symbols and other features such as sounds and a combination of different elements.
A trademark provides the owner with exclusive rights to use the mark to market the goods and services they are registered for.
Having a registered trademark allows you to:
Patents protect inventions and innovations. They provide the patent holder with the exclusive rights to use, make, sell and licence their invention for a period, typically 20 years.
Copyright protects creatives. It’s crucial in protecting original works of authorship, such as literature, music, and art.
As a creative with a copyright, your work is protected and others can’t use it.
You get copyright protection automatically, there is no application process and you don’t have to pay a fee.
The following works are automatically protected:
Source: Gov.uk
Copyright prevents people from:
You can choose to put a © symbol to mark your work alongside your name and the year the work was created if you choose. However, simply marking the work does not give you greater protection.
Design rights help you protect the appearance of a product. This includes features such as its shape or pattern.
Registering makes it easier to prove:
So, if someone tries to copy or use your design without permission you can refer to your
design rights.
Design registrations last for 5 years and they must be renewed every 5 years. You can
protect a design for up to 25 years.
You can register:
You can apply online or in the post. Send your application to the Intellectual Property Office (IPO) with detailed illustrations of your designs, including notes to indicate what you’re registering. Decisions take 3 weeks.
Unregistered design rights on the other hand are automatic and arise when a design is created, they don’t require registration to be in place. They provide a level of protection to the designer.
They last up to 15 years, depending on the certain conditions. They either come into effect when a design is created and last 10 years after the product was first sold, or for 15 years after the design was created, whichever happened first.
Trade secrets are the practices or processes of a business that aren’t known to anyone outside the business. They are pieces of information that give a business a competitive advantage over its competitors and are developed by research and development.
Regulated by The Trade Secrets (Enforcement, etc.) Regulations 2018, trade secrets are information held by a business that are:
Protecting your intellectual property is essential for businesses that want to maintain their competitive advantage and protect their brand.
They allow companies to:
There’s a process to follow to apply for each different type of IP.
Trademarks are registered with the IPO. The trademark registration process can be completed online or by post.
The IPO will check whether your trademark is the same as, or similar to other existing trademarks. They also publish details of your application in their application journal, this gives other businesses a chance to oppose it if they believe it infringes on their trademark.
You can check the trademark register to see if a similar mark already exists and who owns it.
Once your trademark is registered it lasts ten years. You can renew it for ten additional years every time it is set to expire. Remember to renew it before the initial 10-year period expires, as it can take anywhere from 3-6 months to renew a trademark, depending on objections, so be sure to apply for a renewal at least six months before it expires.
Before you apply for a patent check:
You can apply for a patent on Gov.uk. You should prepare the following:
There is a guide you can follow to prepare your description. claims and abstract.
Your application should also include your description and any drawings of the invention. You can apply with just these and add the description, claims and abstract later, however, this may delay the processing of your application. Submitting everything together also ensures consistency.
You can apply online or by post.
After your application, you may need to respond to office actions. These are written correspondences from your assigned patent examiner which require a response from you.
They can include:
Copyright registration is the process of officially registering a copyright. While you don’t need to apply for copyright protection, registering a copyright gives the holder a greater level of protection in case of a dispute.
There is no official copyright register, however many commercial services for copyright registration are available. They can be used in disputes to show that your work was registered on or by a given date, giving you legal evidence of a copyright claim.
The registration process will vary depending on the service you use.
To keep your trade secrets confidential, include confidentiality and non-disclosure
agreements in your employment contracts.
Trade secrets can also be protected by internal security measures including encryption,
password controls and virus protection.
You can take legal action if someone shares your trade secrets without permission.
The courts can order the infringing party to:
There are legal actions that can be taken when someone infringes on your IP rights, including cease and desist letters, negotiations, and litigation.
Cease and desist letters are legal letters that an IP solicitor can send on your behalf pointing out that a third party is infringing on your IP and demanding that they stop. You can also include your intent to take legal action to enforce your IP if they do not stop by a specified date.
You can also negotiate with the other party to reach a settlement or licence your IP to them for a fee.
If all else fails you can pursue enforcement through the courts. This should be your last resort as it can be an expensive and time-consuming process.
If your business is accused of IP infringement there are legal methods you can use to defend against IP claims.
You can respond to claims by writing letters to the business accusing you of infringing their IP. You should seek legal advice.
An IP solicitor can assist you by:
It’s important to protect your IP rights in the UK and internationally. Your copyright may be protected overseas through international agreements such as the Berne Convention. You can contact the IPO support centre if you have questions about international copyright - information@ipo.gov.uk.
It is important to consult a solicitor with expertise in protecting IP overseas as rules vary across jurisdictions.
There are several fees to be aware of when looking to protect your IP.
| Stage | Apply online | Apply by post or email |
| Filing an application (if you pay when you apply) | £60 | £90 |
| Filing an application (if you pay later) | £75 | £112.50 |
| Search | £150 (plus £20 for each claim over 25 claims) | £180 (plus £20 for each claim over 25 claims) |
| Substantive examination | £100 (plus £10 for each page of description over 35 pages) | £130 (plus £10 for each page of description over 35 pages) |
Source: Gov.uk
Legal fees
Legal fees involved in securing and enforcing IP rights include patent attorney fees and litigation costs.
There are ongoing costs of maintaining IP rights to consider, such as renewal fees for trademarks and patents. You may also choose to pay an employee or legal expert to monitor any use of your IP without permission.
Intellectual property enforcement is highly important for businesses to protect innovations, creations, and business identity.
If your business is looking to strategically protect your IP you should seek professional legal advice to navigate the complexities of intellectual property law and ensure your IP rights are fully protected. Get in touch with Lawhive today for a free case assessment.
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