Tenant Directory
OPEN MONDAY to FRIDAY 8.30 am - 5 pm 01226 249590
From logos and product designs to music and computer programmes, Intellectual Property (IP) is one of a company’s most valuable resources.
It covers the innovative ideas and creative assets that set a business apart. But without proper understanding and legal protection, these resources can be copied by competitors, used without permission, or even claimed by others. Knowing what Intellectual Property covers and why it matters is essential for businesses looking to protect their ideas and maintain a competitive edge.
Many businesses own Intellectual Property rights without even knowing it. But understanding these rights is important because they can be incredibly valuable. Take the computer game development industry as an example. It’s a highly competitive field, where many elements can be protected, safeguarding innovations from falling into competitors’ hands.
Intellectual Property can take many forms, but generally falls into four main categories:
Trade marks protect the things that make a brand stand out, such as logos, slogans, colours, and product names. Well-known examples of protected trade marks include the
Nike swoosh and McDonald’s “I’m lovin’ it” slogan. By registering these, they can stop others from copying their brand identity and confusing customers.
Trade marks have been around for centuries. In the past, makers would put a mark or signature on their products to show who made them. Today, trade marks are crucial for marketing and brand recognition.
How to register a trade mark:
UK businesses can register their trade marks with the UK Intellectual Property Office (IPO). This grants exclusive rights to use the trade mark with in the UK, and protection against unauthorised use. There are rules on what can and cannot be registered be registered as a trade mark, so it’s important to check the guidelines before applying.
Famous trade mark dispute:
Luda Production vs Deckers Outdoor Corporation: Luda Production, a family-owned Australian business, had been making and selling ugg boots for decades but never trade marked the name. Deckers Outdoor Corporation later secured exclusive rights to the term ‘UGG Boots’, preventing others from using it. Despite proving they had sold ugg boots for years before the trade mark, Luda lost the case and had to pay damages to Deckers.
Copyright protects original creative work such as books, music, art, films, and software. It’s different to other forms of Intellectual Property in that it’s automatically granted as soon as the work is created and published.
Copyright gives the creator control over how their work is used and whether it can be copied, published, performed or broadcast. By allowing others to use their work, they can earn royalties or licence fees.
It’s a vital protection for businesses producing original content, from photography and books to software and designs. In most cases, if an employee creates work as part of their job, the business owns the copyright unless agreed otherwise. In most cases, creative businesses working for clients will have agreements where copyright transfers upon payment of the invoice.
How to register copyright:
In the UK, copyright automatically applies as soon as work is created and published, without applying or paying a fee. There is no register of copyright works in the UK, but you can mark your work with the copyright symbol ©, your name, and the year of creation.
Famous copyright dispute:
Vanilla Ice vs Queen and David Bowie: Vanilla Ice’s “Ice Ice Baby” features a riff that sounds almost identical to “Under Pressure” by Queen and David Bowie. Vanilla Ice claimed he had altered it slightly by adding a note to make it more unique. The case was settled out of court for an undisclosed sum of money, with Queen and David Bowie receiving songwriting credit.
Patents protect new inventions, products, or processes that make things work. They give the owner exclusive rights to decide how their invention is used, helping to prevent others from copying it without permission. Patents are crucial for businesses investing in research and innovation, as they help safeguard ideas and developments.
The patent process can be very complex, and some products may need several patents to cover different features or processes. Many businesses use a patent agent to help manage the application and ensure they’re not infringing on existing patents.
In exchange for patent protection, the owner must make technical details about their invention publicly available through the published patent document.
How to register a patent:
To protect a patent in the UK, businesses must apply to the UK IPO or the European Patent Office (EPO) for patents that are valid across multiple European countries. A granted patent typically lasts 20 years, offering businesses the right to prevent others from making, using, or selling the patented invention.
Famous patent dispute:
Dyson vs Hoover: Dyson successfully sued Hoover for infringing its patent on dual cyclone vacuum cleaner technology. The courts ruled in Dyson’s favour in 2000, ordering Hoover to stop selling the product and to pay £4 million in damages.
Design rights protect the look and feel of a product, such as its shape, surface, patterns, lines and colours. These rights ensure that businesses can prevent others from copying or misusing their designs.
In the UK, a design right is automatically granted for the shape or arrangement of 3D objects, giving some level of protection. But businesses can also register their design, providing stronger protection which can extend to other countries. Other 2D designs such as textile patters or wallpaper cannot be registered under design rights, but copyright can be used to protect these.
Non-disclosure agreements can be used to help protect ideas before talking to companies or individuals about the design.
How to register a design:
UK businesses can register the design of a product through the UK IPO. A registered design provides exclusive rights for up to 25 years, subject to renewal every 5 years. The UK Government website has more information on design protection for unregistered designs.
Famous design right dispute:
Magmatic Ltd vs PMS International Ltd: The maker of the Trunki ride-on suitcase for children sued PMS, claiming an infringement of its Community Registered Design. Trunki argued that PMS’s Kiddee Case had copied its design. The judge ruled in favour of Trunki but this was overturned in the Court of Appeal.
Trade secrets are a form of Intellectual Property that protect confidential business information such as recipes, formulas, or strategies. Unlike trade marks or patents, trade secrets are not formally registered.
Trade secrets can be protected as long as the information remains confidential. If the secret is disclosed or used without permission, businesses can take legal action. They can also sell or licence trade secrets, generating revenue while still keeping it protected.
How to register a trade secret:
Unlike other forms of Intellectual Property, trade secrets are not registered but are protected through confidentiality agreements and by keeping the information secret. Non-disclosure agreements can help safeguard trade secrets when sharing sensitive information.
Famous trade secret dispute:
Coca-Cola: In 2006, Coca-Cola faced a trade secret scare when several employees were accused of attempting to sell confidential information to competitor PepsiCo. Coca-Cola contacted the FBI, leading to several arrests.
Intellectual Property protection stops competitors from copying your ideas, designs, and brand names. Without it, you risk legal battles, financial losses, and damage to your reputation.
To get a clearer understanding of why Intellectual Property is so crucial for your business, watch this short video from the UK Intellectual Property Office:
Here’s a closer look at eight reasons why protecting your Intellectual Property protection is so important:
Without Intellectual Property protection, competitors can easily copy your innovations, products, or branding. This can harm your market position as others may enter with similar offers that reduce the value of yours.
Whether it’s a new product design, software, or logo, Intellectual Property protection keeps your business unique. This is especially valuable in fast-moving industries like technology and entertainment.
Trade marks protect your brand identity and reputation. Without them, others could use similar names or logos, causing confusion and damaging customer trust.
A protected brand with secure logos, taglines, and designs helps build loyalty and reassures customers that they’re buying original, high-quality products.
Intellectual Property protection gives you the legal power to stop others from using your creations without permission.
If you fail to protect your Intellectual Property, you risk losing control over your products and brand. For example, a company that doesn’t patent its manufacturing process may find competitors using the same method, harming its market position.
Licencing your Intellectual Property allows others to use your technology, design, or brand for a fee. By granting others the right to use your creations, you can earn royalties or upfront payments.
This is common in industries like tech, gaming, and fashion. For instance, if you hold a patent for a new design, you can licence it to others and make a profit without manufacturing it yourself.
Protecting your Intellectual Property shows you’re serious about your business and understand its value. It sets you apart from the competition, making your business more attractive to investors.
Investors are more likely to fund companies with well-protected Intellectual Property because it minimises risk.
For anyone interested in angel investing, this article from IP Barrister, Jane Lambert, shares tips for pitching to Business Angels.
Intellectual Property can play a big role in securing strategic partnerships. By showing you own important intellectual property, you can negotiate better terms in joint ventures, collaborations, or distribution agreements.
In industries like entertainment and tech, exclusive partnerships often hinge on these valuable assets, helping businesses expand their reach.
Protecting your Intellectual Property can open doors for new opportunities like franchising, merchandising, and global expansion.
For example, Disney’s Intellectual Property includes characters and films. This has led to revenue generating merchandise, theme parks, and media licencing deals.
International treaties such as the Patent Cooperation Treaty (PCT) and the Madrid Protocol make it easier for you to secure protection in multiple countries.
This lets you to expand confidently into global markets, knowing your Intellectual Property rights will be respected and enforced.
Protecting your Intellectual Property is vital to safeguard your business’s ideas, products, and brand.
Here are some simple steps UK businesses can take to ensure their Intellectual Property is covered:
Use the UK Intellectual Property Office (IPO) online tool to assess your Intellectual Property and identify any gaps. It’s an easy guide to help you understand your existing Intellectual Property rights and what additional steps you may need to take.
Write down all the Intellectual Property you own or use. This includes logos, slogans, product designs, inventions, software, and creative works (for example, music, books, paintings, and photography). Keeping this list updated will help you know what needs protecting, and how.
It’s important to have clear, dated records of your Intellectual Property’s creation process. This includes storing signed and dated drafts, drawings, designs, and written notes. These can be vital evidence if you ever need to prove ownership or originality in a dispute.
Intellectual Property law can be complex and confusing, so getting help from a Patent or Trade Mark Attorney / Agent can be useful. They’ll guide you through the process, offer legal advice, and help protect and commercialise your Intellectual Property.
Registering a Trade mark (TM) in the UK can take up to six months. Patent applications can take much longer, between 2-5 years for approval. Although longer, it gives stronger protection for inventions and technological innovations.
Intellectual Property rights are generally territorial, meaning they’re valid where registered. If you plan to operate internationally, you may need to register your Intellectual Property in other countries. For more information, look at the World Intellectual Property Organisation (WIPO), and the European Union Intellectual Property Office (EUIPO).
While it’s important to protect your own Intellectual Property, you must also be cautious about how you use other people’s. Using copyrighted material (like photos or music) without permission can lead to costly legal issues. Respecting the rights of others will help you avoid legal disputes.
The UK Government and organisations like Innovate UK offer advice, resources, and even funding to support your business. They can help with design, innovation, or Intellectual Property management, to make the most of your ideas.
There are three main bodies that handle international Intellectual Property registration:
This handles Intellectual Property protection in the UK, including patents, trade marks, and designs.
This manages Intellectual Property protection within the European Union. Through the European Union Trade Mark and Registered Community Design systems, it allows businesses to register trade marks and designs that are valid across all EU member states.
This is the global platform for Intellectual Property protection. It provides services for international patent, trade mark, and design protection through treaties like the Patent Cooperation Treaty and the Madrid System.
Other protection bodies include the United States Patent and Trademark Office, the Japan Patent Office, and China National Intellectual Property Administration. Check for links in ‘useful resources’ lower down.
If you need advice or help with Intellectual Property disputes, it’s worth consulting with a specialist. An IP Barrister can offer legal advice and representation for patents, trade marks, copyright, and design issues. They’re also trained to represent you in court, helping you navigate and argue your case during Intellectual Property disputes.
We’ve teamed up with IP Barrister, Jane Lambert, who offers free online chats for Barnsley businesses on the second Tuesday of every month. She can guide you on cost effective ways to protect and manage your Intellectual Property.
“Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.”
What is Intellectual Property? – WIPO
Protecting your Intellectual Property is crucial to secure your inventions, brand identity, and competitive edge. By registering trade marks, patents, copyrights, and designs, you can stop competitors from copying your ideas and keep control of your creations. Trade secrets and well thought out contracts can add extra protection, helping you defend your Intellectual Property in both the UK and abroad.
Alongside registering your Intellectual Property, using contracts like non-disclosure agreements (NDAs), licensing agreements, and employee contracts can help protect your business ideas and designs. These agreements will make sure your work stays confidential and is not used without
To arrange a free chat at one of our Intellectual Property clinics, get in touch with our Business Development Manager, Kevin Steel.
Why Corporate Social Responsibility is here to stay
Why diversity and inclusion matter for small businesses in Barnsley