UK Intellectual Property Rights: What are they?

Intellectual property is the collective reference of the intangible rights that a person or company possesses over their non-monetary products. Though intangible, intellectual property (also known as IP) can be sold, assigned, and licensed in much the same way as ordinary assets.

Intellectual property is enormously valuable to a business, but it is often overlooked and not protected. If you identify some of your business assets in this article and you have not taken any steps to protect them so far, you should hire an intellectual property attorney as soon as possible. Copyright law varies internationally so this article will only apply if you are located in the UK.

There are four main types of intellectual property in the UK:

1. Copyright: Copyright is automatically granted protection over someone’s original work, for example, a written or artistic work. If the work is copyrighted, the owner can control when and who can publish, sell, or reproduce it. Copyright does not apply to ideas, theories, or methods; The copyrighted work must be in physical and permanent form.

2. Patents: A patent protects an original idea, invention, or product. To qualify for the patent, the invention or idea must not be currently in use, it must not be a scientific theory or method, a medical or animal or plant method of treatment.

3. Trademarks: Trademarks are generally granted to individual logos, brand names, or distinctive designs. A trademark identifies something as legally owned and therefore cannot be reproduced without the permission of the owners. Currently, a trademark object should not be used generically, refer to a particular product, refer to the quality of a product, or refer to a geographic area.

4. Registered Designs: A registered design number is granted when a person or company wishes to protect an original design. The design must not have been previously published. The registered number protects the individual characteristics of the design, such as color, shape and texture. Registration must be made in reference to a specific geographic area. Once registered, you prevent others from using not only the same designs, but also similar designs.

These different forms of intellectual property can be registered and protected by applying online to the ‘Intellectual Property Office’, which is a government owned body.

The benefits of having your UK intellectual property rights protected:

– Copyright: Gives the owner of the original asset the right to take legal action against someone who has used their copyrighted material without authorization. The presence of the © symbol deters potential infringers. An injunction and/or damages may be awarded for copyright infringement. Profits can be made from owning a copyright through licensing or sale. A copyright can be granted for up to 50 years.

– Patents: This gives the owner the right to prevent others from reproducing their patented invention. An injunction and/or damages may be awarded for patent infringement. A patent can be licensed for a fee or sold. A patent is normally granted for 5 to 20 years.

– Trademarks: The use of the trademark symbol acts as a discovery for others before using a marked object. It also gives the owner the legal right to take action against someone who uses the item without permission. Those who counterfeit trademarks risk criminal prosecution by Trading Standards and/or the police. A trademark can be licensed for a fee or sold. A trademark can be granted for up to 10 years.

– Registered Design: This personal registration number gives the owner exclusive rights to the appearance of his design. An injunction and/or damages may be awarded for plagiarism of the design without permission. A registered design can be licensed for a fee or sold. A design can be registered for up to 15 years.