{"id":178928,"date":"2022-12-08T18:30:09","date_gmt":"2022-12-08T18:30:09","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=178928"},"modified":"2023-01-17T06:03:14","modified_gmt":"2023-01-17T06:03:14","slug":"how-you-can-use-another-business-intellectual-property","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/intellectual-property\/how-you-can-use-another-business-intellectual-property\/","title":{"rendered":"How Can I Use Another Business\u2019 Intellectual Property in the UK?"},"content":{"rendered":"

Intellectual property (IP) protection is important for any business owner in England. The IP rights holder usually has exclusive rights over intellectual property. Therefore, if you wish to use the protected IP, you must obtain the right holder’s permission. The law provides various ways to obtain the right to use another\u2019s property. In this article, we will discuss how you can use another business\u2019 intellectual property in the UK.<\/span><\/p>\n

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Trade Mark Essentials<\/div>\n
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LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark. <\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n

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Intellectual Property is Property<\/span><\/h2>\n

Intellectual property can be highly valuable. As a result, businesses take steps to protect their rights. Despite the fact that intellectual property is intangible, you must ask for permission to use it in the same way as any physical piece of property. Usually, this involves paying a fee. The price is usually dictated by market conditions and your negotiating position with the rights holder.\u00a0<\/span><\/p>\n

Most forms of IP are registered with the Intellectual Property Office (<\/span>IPO<\/span><\/a>). Registration typically gives the owner exclusive rights over the IP. This means that if another business were to use the IP without the owner\u2019s permission, the owner could claim against the infringing party. Usually, the infringing party will have to pay compensation and associated fees.<\/span><\/p>\n

How You Can Use Another Business\u2019 Intellectual Property<\/span><\/h2>\n

Licensing Trade Marks\u00a0<\/span><\/h3>\n

If you are seeking to use a particular trade mark that is registered with the IPO, you can search the online database for the owner of the mark. Using this information, you can then contact the owner to request permission to use it. You can usually do this by requesting to licence the mark or offering to buy it. The difference between the two is that licensing allows you to use the mark in agreed ways whereas buying a trade mark would transfer ownership completely.<\/span><\/p>\n

A licence to use a trade mark is done by drafting a formal agreement. Both parties agree that a business can use the mark in certain ways or in particular jurisdictions. The agreement will also contain the length of the licence and how much you will pay the owner. A licensing agreement is a complex arrangement and should be drafted by an intellectual property solicitor. It is a special kind of contract, which means that if either party breaches the conditions, the other party can sue.\u00a0<\/span><\/p>\n

Another option is a coexistence agreement. This is where you and the original mark owner enter into an arrangement to use the same trade mark in the same areas of industry.<\/span><\/p>\n

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Buying Trade Marks\u00a0<\/span><\/h3>\n

Alternatively, you can negotiate a purchase of the trade mark. This can be particularly costly, depending on the brand. However, you obtain the exclusive right to use and licence the use of the mark to others. You will need to inform the IPO of the change of ownership. You can do this via an application and paying a fee (currently \u00a350).\u00a0\u00a0<\/span><\/p>\n

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Design Rights<\/span><\/h3>\n

Design rights can be licensed and bought\/sold in the same way as trade marks. When they are registered with the IPO, it grants the owner of the registration exclusive rights over the usage of the design and therefore, you must obtain express permission from the owner to use it.<\/span><\/p>\n

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Using Another Business\u2019 Copyright<\/span><\/h3>\n

Copyright is different from trade mark protection because copyright protection arises automatically once an original piece of work is created. The owner of the copyrighted work is usually the creator. An exception is if the work is created by an employee in the course of business. Employment contracts usually dictate that the business owns the copyright.<\/span><\/p>\n

You can choose to license or buy copyright in the same way as trade marks. If the owner permits you to license the copyright, they can either allow you exclusive use of the work for the duration of time agreed to or limited use, which will be limited to specific instances or circumstances. If you are granted exclusive use, the copyright owner will not be able to use the work during that time. However, if you are granted limited use, the copyright owner will still have usage abilities.<\/span><\/p>\n

how you can use another business\u2019 intellectual property<\/p>\n

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Buying Copyrights<\/span><\/h3>\n

Buying a copyright is slightly more complex than trade mark purchases. This is because even though the ownership rights transfer to you, the moral rights<\/a> of the work subsist with the creator.\u00a0<\/span><\/p>\n

Moral rights include the rights to:<\/span><\/p>\n