Intellectual Property (IP) is one of the most commercially significant assets a business can have, as it can grant advantages and protection against competitors in a fast-moving market. Whether you are developing a new business, or have been operating for a number of years, there are many different ways in which intellectual property could shape your business and brand.
This article aims to provide you with some tips for navigating intellectual property for your business.
Be aware of third-party intellectual property rights:
Irrespective of whether you are aware of a third party right, you may find your business at risk of an infringement action if you are using a third party’s intellectual property without permission. Whether this be by using a trade mark, or launching a product that is patent protected, an infringement action could prove costly to your business.
To limit the possibility of an infringement action, it is recommended that before investing in a brand or project, you search the current intellectual property landscape to discover any relevant pre-existing rights. If you discover a relevant pre-existing trade mark for example, you may wish to select another name to avoid any possible conflict, or you may wish to contact the owner the pre-existing right to obtain consent for your intended use.
2. Check copyright:
If you are wishing to use content that you did not create or commission, you may find yourself at risk of copyright infringement if you fail to seek permission to use the content. The most common case of copyright infringement is where a third party image has been used without permission from the owner. To avoid this, it is recommended to either use royalty-free stock images or contact the owner of the image to seek consent prior to use.
3. Aim to be different:
Not only do you want your business to stand out to consumers, but you also want your business to stand out from competitors. When it comes to protecting your business and branding, the more distinctive you are, the easier it is to protect and enforce. When aiming to be distinctive, you should avoid descriptive branding and aim for something unique to the field you are operating in.
4. Seek trade mark protection:
A trade mark is any sign that allows consumers to distinguish your goods or services from those of others. By obtaining a trade mark registration, you are awarded the right to prevent third parties from using your sign or a similar sign in respect of goods and services that are identical or similar to those listed in your registration.
If you have not sought trade mark protection but have been operating under a sign for a number of years, you may be in possession of an unregistered trade mark right. With an unregistered trade mark right you can potentially prevent third parties from using a similar mark to yours, but you would need to prove reputation of your mark first, which can be very costly and time consuming. Therefore, it is simpler and cheaper to rely on a trade mark registration.
5. Consider how intellectual property could further your business:
If you have developed a unique product that is novel to the industry, and has not yet been disclosed, you may look to obtain patent protection. A patent grants you a monopoly right to take legal action against third parties using your invention without permission during the life of the patent. The key thing to consider if you intend to seek patent protection is that you must not have disclosed the invention publicly before you file a patent application (i.e. it must have been kept confidential).
Registered design protection may also be relevant if you devise a new product. Registered designs protect the appearance of a product. In the UK, you have 12 months from the date you disclose your design to file a design application. This 12 month grace period is not available in many other countries however.
There is a large amount of guidance online at the Intellectual Property Office website (www.ipo.gov.uk) explaining more about the different types of IP, how to search, and tips on enforcing IP etc.
If advice is needed, this can be sought from an IP professional, such as a qualified Trade Mark Attorney or Patent Attorney. A list of qualified Patent and Trade Mark Attorneys can be found here
By Lauren Hutchinson & Sophie Maughan
