What is intellectual property protection?
Intellectual property (IP) rights are intangible assets which may be owned by individuals and companies alike. Some IP rights arise automatically whilst others must be registered. As a rule, IP rights are territorial, so are only valid in the countries in which they arise, and some countries recognise more than others.
Why is intellectual property protection important?
Intellectual property rights form the basis of most tech companies so failing to protect such rights can be fatal. Procuring appropriate rights can not only set one business apart from the next, and prevent would-be competitors coming to market, but can often be a requirement for securing venture capital.
Types of protection and how Brabners can help
There are many types of protection, but the most relevant to tech companies in the UK are:
- Copyright protects works, such as artistic works, text, software codes, and layouts of webpages. Copyright arises automatically and rights obtained in one country are often acknowledged by others who are party to the Berne Convention. In the UK, copyright lasts for 70 years after the death of the last living author, and protects against copying, not against independent creation by third parties. In order to enforce rights, there is a requirement to prove authorship/ownership so retaining a record of creation is fundamental to obtaining and enforcing this type of protection.
- Design rights protect the visual appearance of goods. Unregistered rights arise automatically upon creation of the design and last for a maximum of 15 years in the UK or 3 years in the EU. Unregistered design rights only protect against copying whereas registered design rights can be enforced against infringers who have no knowledge of your rights. Registered design rights last a maximum of 25 years in the UK if maintained, though there is a requirement of novelty so early filing is crucial.
- Trade marks protect brands. Registered trade marks are renewable indefinitely every 10 years. They may be enforced against third parties which are using a similar/identical mark for similar/identical goods/services providing there is a likelihood of confusion. Proof of use is often required so it is advisable to retain any such evidence. Unregistered trade mark rights can be enforced under the law of passing off, though there is generally a higher evidential burden for establishing such rights.
- Patents protect inventions. They are a registerable monopoly right which can last up to 21 years if maintained. There is a requirement for novelty and filing before disclosure is necessary to avoid losing any potential rights so always use non-disclosure agreements where appropriate. As filing makes inventions public, some parties prefer to keep their inventions secret rather than to disclose for third parties to see.
Brabners is able to advise on all types of intellectual property protection. We advise on the specifics of filings, draft specifications as appropriate, and file for registered rights in the UK. We have trusted foreign attorney contacts for any rights outside of the jurisdiction.
For more information on the topic, please contact Hayley Morgan or another member of the Commercial team.
In our next blog, we discuss, Intellectual Property - Strategy and Management, click the link to read more.
