Intellectual Property – An Overview

EMW

8th August 2018

As your business grows you will continue to develop your brand and/or the intellectual property you hold in your product or idea that makes it unique. It is therefore vital to understand the key protections available to you as the owner of intellectual property rights as this will help you grow your business by protecting against infringement from market competition. This article gives you an introduction into some of the different intellectual property rights available to you and an explanation of the rights they give you.

Below is a brief summary, please click here for the full article.

Copyright

Copyright exists and protects various types of original works automatically (there is no registration or application process involved). It’s a right you hold to stop others from using your work without your permission.

The types of work that can be protected by copyright include writing, art, photography, films, music, web content and sound recordings (so long as you haven’t copied someone else’s original work).

Copyright – Moral Rights

These exist in order to credit the personal contribution of the creator of the work in question, as opposed merely to their economic rights. There are four moral rights recognised in UK law:

  • The Right of Attributation
  • The Right to Object to Derogatory Treatment
  • The Right to Object to False Attribution
  • The Right to Privacy (for certain photographs or films)

Trade Marks

Broadly speaking, a trade mark is a word, sign, or logo that enables members of the public to distinguish your goods or services from those offered by other businesses. Trade marks can be both registered (by applying for registration with either the UK or the EU Intellectual Property Office) and unregistered (by virtue of the law of passing off, which requires no registration in order to apply). Businesses can often succeed or fail by how they protect and exploit their brand. Protecting your brand is therefore fundamental in determining whether you succeed or fail in the commercial world.

Design Rights

Design rights apply to the physical appearance of products and can be registered or unregistered, depending on the type of product or design you are seeking to protect.

Patents

Patents are used to protect inventions. They give you the right to take legal action against anyone that makes or is using your invention without your prior permission.

In order to gain a patent, your invention must satisfy all of the following criteria:

  • be new
  • inventive
  • something that can be made or used.

 

 

For more information, please contact Felix Dodd or click here for the full article.

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