Intellectual property is any creative work such as inventions, literary and artistic works, symbols, names and images used within business and considered to be the property of its creator. Intellectual property rights should be protected under ip law. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights and trade secrets.
IP is divided into two categories - Industrial Property and Copyright.
Industry property includes patents for inventions, trademarks, industrial designs and geographical indications.
Whereas Copyright covers literary works such as novels, poems and plays, films, music, art such as drawings, painting and photos, recordings and performances.
So why should your intellectual property rights be protected?
Intellectual property rights reward creativity and human endeavour. If new technology, a design idea or invention is created it should not be allowed to be copied. Intellectual property rights allow the creator or owner to benefit from their invention.
There are a number of ways to protect your assets.
A patent
A patent is an exclusive right granted for an invention. If a patent is granted for a product that provides a new way of doing something or offers a new technical solution to a problem, then that invention cannot be commercially made, used, distributed or sold without the patent owner's consent. Patent rights are usually upheld in court and protection is granted for a limited period, which is usually 20 years. There are a number of circumstances when it is recommended that a patent is obtained. It is best to seek advice from a solicitor who specialises in this area.
Register your trademark
A trademark can be anything from a distinctive sign to a logo or mark. Trademarks may be one or a combination of words, letters and numerals. They can also be made up of drawings, symbols or signs. Trademark protection ensures that the owners have the exclusive right to use them to identify goods or services. If a business has built up a great reputation, then another comes along with the exact same trademark, it may confuse customers into thinking they are the same organisation. They may not adhere to the same values and cause a negative impact on the existing company, which could have detrimental effects. It is always recommended to register your trademark. An intellectual property solicitor will be able to advice companies on registering trademarks.
Geographical indication and industrial design should also be protected. Any colours, patterns or three dimensional designs used in marketing material should be registered so they cannot be duplicated. Geographical origins ensure customers that the product is from a reputable source, and many companies have built their reputation on this. Therefore, if not adequately protected, this may be misrepresented by competitors.
Copyright
Copyright laws grant authors, artists and other creators protection for their work. Works covered by copyright include, but are not limited to -
Novels Poems Plays Reference works Newspapers Advertisements Computer programs Technical drawings Films Maps Architecture Photographs Drawings Paintings Compositions Dance routines Sculptures
Copyright laws will allow the creator to hold the exclusive rights to their work and can therefore authorise others to use the work on agreed terms. Copyright laws are essential in protecting creativity and ensuring that work is not stolen or copied.
IP solicitors will advise you on how best to protect your creativity or invention. If your company holds an unregistered logo or trademark, or any works that could be copied then we strongly recommend you use an intellectual property solicitor in order to protect your company.
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