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Intellectual property (IP) describes works created by a person’s mind. For example, this could look like advertising materials you write for your website or a unique invention you implement in your business. Your business’ brand is one form of intellectual property. Importantly, any business operating will have intellectual property rights. Infringing these, even accidentally, can land your business in hot water in the form of unwanted legal action. This article will explain IP rights and how you can avoid accidentally breaching someone else’s IP rights.
What Are IP Rights?
All businesses will have some form of intellectual property assets, which are valuable assets in their own right.
A business may also have some form of trade secret. This general term describes elements specific to how a company does business, including:
- specifics about their business practices;
- their marketing lists;
- formulas for products; or
- information about particular processes in their business.
If you use another business’ content or copy their products or branding without permission, you are infringing or breaching their IP rights. You could be subject to legal action as a result.
Business Name and Branding
It is relatively easy to check whether other companies are using the same or a similar business name as you. You can use a ‘who is’ tool like the ICANN lookup. This will check whether anyone uses your intended domain name or a domain name similar to yours. If someone else already has your domain name, you cannot use it.
You can also use the Companies House website to check whether any other company has registered their business in the same or a similar name as you. It is also worth doing a simple Google search to see what other companies or websites come up when searching for your intended business name.
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Registered Trade Marks
Suppose all looks good for your chosen company name and website. Still, you should check that no one has a trade mark in your intended or similar company name. You can check this online using the Intellectual Property Office website’s trade mark search function.
Inventions and Designs
If your business involves inventing products, you should also check to ensure that no one has already obtained a patent for a similar invention. Even if you do not intend to seek a patent for your product, it is vital to be aware of any patents that exist for related products, as going ahead with your product could infringe on the patent holder’s rights.
You can check for UK patents using the Intellectual Property Office website. It is also essential to know that patents are a territorial right. Therefore, if you plan to sell the product in any other country, check whether a patent has been granted for a similar invention in that country.
Design registration protects a product’s shape, design or appearance. The Intellectual Property Office also has a design register that holds details of all designs registered in the UK. However, you need to know the design owner’s name or the registered design number to use this. This is not particularly helpful if you need to see if anyone has registered a design similar to yours. Instead, you can use Designview to search for aspects of a particular design and see if you are likely to infringe on another creator’s design rights.
Copyright Infringement
Copyright protects the expression of a person’s idea and may include website content, photographs and illustrations or artwork. The best way to ensure you do not accidentally breach someone else’s copyright is to create all your business’ marketing content yourself. However, if you seek to use anyone else’s original content, ensure you gain permission from the copyright owner.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
What if You Accidentally Breach IP Rights?
Accidentally breaching another person’s IP rights can result in various consequences, depending on the nature and severity of the breach. The first step will likely be a cease and desist letter sent by the rights holder. This will demand you to stop using any infringing materials. If the matter escalates, there may be negotiations between you and the rights holder to reach a settlement. This could result in agreeing to stop any infringing activities, paying damages or obtaining a license to use the IP in question.
If the dispute reaches a stage where no resolution has been found, they might take further legal action, often taking the case to court. Where a court finds an infringement has occurred, you may be issued an injunction to stop infringing the IP. Likewise, the IP rights owner may be awarded damages for financial losses caused by the infringement.
If you accidentally breached someone’s IP rights, seeking legal advice as soon as possible is critical. Settling the matter in the initial stages is vital, if it escalates any further, it can be a lengthy and costly process for both parties. To avoid reaching this stage, you should seek legal advice from an experienced IP lawyer to review aspects of your business that relate to IP.
Key Takeaways
When thinking about your business’ branding, marketing or new products, it is essential to consider IP and whether you are infringing on anybody else’s IP. You can use various official websites to check what other companies may have IP assets registered to them. You can also use web search engines for simple checks.
If you need help ensuring you are not breaching anyone else’s IP rights, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
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