By Alwyn Thomas, commercial
solicitor at award winning Harding Evans Solicitors
Intellectual property (IP) is the ownership you have of your creativity
and innovation in the same way that you own physical property e.g.
your house or business premises. As an owner of IP you can control
and be rewarded for its use.
There are four main types of IP:
• Patents for inventions – new and improved products
and processes that are capable of industrial application.
• Trade Marks for brand identity.
• Designs for product appearance.
• Copyright for material – literary and artist material,
music, films, sound recordings and broadcasts, including software
and multi-media.
IP is a growing area and below are a list of common questions asked
by clients:
1. How do I protect my rights?
Patents, designs and trade marks need to be applied for, usually
at the UK Patent Office. Copyright protection is automatic and there
are no fees to pay or forms to fill in but there must be a record
in some form of the material that has been created.
2. What material benefit will I get?
Your IP rights may be licensed to someone else to use for a fee.
You could also sell your rights to someone else just like any other
form of property.
3. What if someone uses my IP without my consent?
A court order known as an injunction may be obtained to prevent
unauthorised use of your IP. You may also claim damages for any
losses suffered as a result of the unauthorised use.
4. Can I patent computer software?
It is possible to patent programs for computers which when run on
a computer produce a “technical effect”. A “technical
effect” is an improvement in technology e.g. a program which
speeds up image enhancement.
5. Can I use cartoon characters in my work?
You will need a licence to do this to avoid infringing copyright.
It is recommended that you contact the company who produced the
cartoon character in the first instance.
6. Can names and titles be protected by copyright?
No. There is no copyright in a name, title, slogan or phrase. However,
these may be eligible for registration as a trade mark.
In essence it is vital to obtain expert legal advice at an early
stage when considering IP issues. Many IP rights tend to overlap
with others so early guidance as to the best way forward is crucial.
