Business Matters
Intellectual Property

Helping you to protect and capitalise on your ideas.

We know that at the heart of many businesses there is the spark of innovation.

But that is just the beginning of the story, as how the result of that creativity is protected, nurtured and developed will make a crucial difference to the success of the business.

If you are in the process of creating or buying an invention, design or other types of intellectual property, then we would like the opportunity to tell you about how we can add value.

You need to have the appropriate information available. This will include project specification, potential outlets, relevant experience (if any).
This will allow us to scope the sort of work that you require and the likely budget.

Whether your intellectual property can be protected by patents, trade marks or copyright, we offer comprehensive legal service.

OUR APPROACH:
We pride ourselves in taking a pragmatic and commercial approach to what is a complex area of law.

Usually the following key issues need to be dealt with and these may come out in discussions that we have with you or alternatively a review of documentation that already exists:

• What type of rights are involved;
• Where is the likely value;
• Who owns the above rights (are there any applications or registrations for patents, trade marks and design rights, have there been any moral right waivers under copyright);
• Who else has rights over that intellectual property (e.g. IP licences or other agreements as to royalties and such like);
• What steps have been taken to protect ownership and police infringement?
• How can the rights be best exploited?

Sometimes all that is required is an initial review and report to allow for the negotiations to take place, for example, with prospective manufacturers or acquirers/sellers. Alternatively we can provide a more comprehensive service to negotiate the arrangements on your behalf and work with other appropriate advisers e.g. patent or trade mark agents. At the end of the day you can choose the level of service you require.

Delivering a comprehensive solution to IP issues demands a variety of skills and we are fortunate in having a group of people from many disciplines stretching from corporate/commercial, business sales and purchases, employment, dispute resolution and IT to advise our clients. You will see from our contact details above, the two groups of people in these areas.

We have also developed a number of standard documents for a variety of situations and wherever possible we will match these to your requirements to avoid having to “re-invent the wheel”.

We will always discuss the costs of work to be carried out with you at the outset, to agree a budget or such other structure that may be appropriate.

If you are interested in writing a song or music, recording a song, producing your own sound recording or film of an event on tape, CD or DVD, then click here for further information.

FAQ's - please see our Disclaimer

1. How do I protect my idea?
Generally the only way to protect an idea is to keep it to yourself. The exception is the patent which allows you a monopoly on the use of the relevant process or resulting product from that innovation for a period of time. Otherwise it is the expression of what embodies that idea which can be protected. The sort of areas to look at really depend on the type of idea and its application. Typically these will range from copyright to registrations of design right and trade marks.

2. I need to discuss my idea with a manufacturer/investor - are there any basic precautions I should be taking at this stage to a third party?
There are quite a few issues about putting your house in order so far as ensuring that you have all the rights to the use and employment of your idea but looking principally at issues of disclosure and protection:
2.1 you should keep disclosures to a minimum;
2.2 you must get the third party to sign a confidentiality agreement which has been professionally drawn up on your behalf or at least reviewed if the third party provides their own agreement or letter;
2.3 you should make an application for a patent for your idea if relevant, prior to any disclosure to a third party or otherwise risk losing the right to a patent because the invention has ceased to be secret and novel as it is in the public domain - also any other relevant applications should be made e.g. for trade marks, domain names;
2.4 you should take practical steps to get evidence of when you created any work in which there may be copyright (e.g. software, text, graphics) - please note that there is no registration process for copyright in this country.

3. What is a patent?

A patent is an intellectual property right which gives an inventor an exclusive right (a monopoly) to exploit the invention and prevent others from using it without permission. Patent applications are made to the Patent Office. In order to obtain a patent the applicant must show that the invention is new, involves an inventive step, is capable of industrial application and does not fall within one of the excluded categories. If a patent is granted and the relevant fees are paid, a patent can remain valid for twenty years from the date of the application. The owner of a patent can assign the patent or grant licences to other persons to use it. A patent granted by the Patent Office gives the owner exclusive rights in the UK only. Other overseas patent registrations should be considered.

4. What is know-how?

The term know-how means confidential technical information. The term is commonly used in technology-transfer agreements to refer to all technical information which is disclosed under the agreement. The term can also be used in licence agreements where both patents and know-how are licenced, to refer to technical information which the licencee is entitled to use under the licenced know-how.

5. What is copyright?

Copyright is the exclusive right not to reproduce or authorize others to reproduce works. A variety of works are capable of being protected by copyright, including artistic, musical, dramatic, literary, sound recordings, published editions of work, films and broadcasts.

Copyright only protects the form in which a work is expressed, and not the idea itself. Unlike patents, and other intellectual property rights, copyright is an unregistered right and there is no formal application process.

The duration of the right can vary depending on the type of work. For example, copyright protection over original literary works lasts for the author's lifetime plus seventy years from the end of the year in which they die, whilst copyright for sound recordings lasts 50 years from the date of their publication.