How Many Types of IP Protection Should My Business Have?

If you own a business in England, you should consider the different types of intellectual property (IP) available to you to protect your goods or services. There is no limit on how many types of IP protection your business can have. Instead, your unique business type will determine how many aspects of your business require protection and which legal protection is appropriate. In this article, we discuss the various types of IP protection and how they can be used for all kinds of businesses.

Why is Intellectual Property Important?

Intellectual property is an intangible asset with a financial value for your business. As it is a type of property, IP can command its own value as it becomes part of an overall marketing or branding strategy. It can, therefore, become associated with strong reputations of particular businesses with a large consumer following.

In England, there are several main types of intellectual property, including:

• trade marks;
• design rights;
• copyright; and
• patents.

Intellectual property protection is designed to protect your goods or services. Depending on what type of business you own, there is no reason why you should not consider all of these types of IP protection. It is essential, however, to note that each serves a very distinct purpose.

For example, if you own a footwear business:

• you may register your logo as a trademark;
• you might register your shoe designs as registered design rights;
• any photography or drawings you create as part of your business will automatically be protected by copyright;
• and you could choose patent protection for inventions that would not apply to footwear.

Trade Mark Essentials

LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.

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Types of IP Protection

Below we discuss the types of IP protection.

Trade Marks

Trade marks are one of the most common types of IP protection, and most businesses can benefit from them. They protect parts of a company that distinguish it from competitors. As such, they must have a distinctive character. Originality is encouraged when designing your mark, as the goal is to make elements of your business unique. 

Registration with the Intellectual Property Office prevents other companies from using your trade mark as you obtain exclusive rights over the mark.

Copyright

Copyright protection applies to artistic and creative works and applies automatically upon the creation of the piece of work. Therefore, any photos, drawings, literature videos, and even software coding can be protected by copyright law.

Copyright work is protected over wide variations of time and depends on the type of work. For example, the layout of published works has 25 years of protection from when it was first published. In contrast, musical and artistic work is protected for 70 years after the author’s death. If you require further information on how long copyright protection lasts, you can consult the Intellectual Property Office website for a detailed breakdown of copyright work.

Design Rights

Design rights are used to protect the visual appearance of your product, and they provide you with exclusive rights over the element of appearance you have protected. You do not have to register an entire product’s design. Instead, you can choose individual elements of a design to protect if this is where the value of the product design lies. 

Design rights are helpful for brands that develop products regularly and would be more appropriate for physical goods retailers rather than businesses that provide a service. However, you should always obtain professional advice relating to any IP protection, as it is crucial you do not forget about an area that could be applicable to your brand.

Patents

Patents are reserved for inventions that are new to the public domain. The application process is expensive and lengthy; therefore, you should only apply for a patent once you have detailed legal advice. 

Patents are a vital protection for any new invention as they provide the owner with exclusivity over:

•  manufacturing;
•  selling;
• importing;
• marketing; and 
• using the invention. 

Therefore, the patent ensures only the owner is capable of benefiting financially. You can take legal action if anyone attempts to:

• use;
• sell;
• make; or
• manufacture your invention.

Key Takeaways

Intellectual property rights are critical to businesses. Trade marks, copyright, design rights, and patents are common types of IP protection. You can hold multiple types of IP protection, but you need to know which types apply to your business. This will save time and money on non-applicable applications. The intellectual property rights afforded by each kind of IP protection strengthen your business and increase the value of the IP as a business asset.

If you need help or advice around the application process for any form of IP protection, LegalVision’s 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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