How Does My Business Protect its Intellectual Property Rights?

New businesses in the UK will often want to protect their intellectual property as quickly as possible. This article will help you determine how to protect your business’s intellectual property rights. 

What Are Intellectual Property Rights?

Intellectual Property (IP) rights protect any property you create using your mind, for example, a symbol or logo you have designed. Intellectual property is something you will own if you created it, bought it or have a strong brand among the public. If you protect your intellectual property using methods such as registering a trade mark, applying for a patent or registering your design rights, you are gaining exclusivity over the IP you seek to protect.

This means that competitors cannot use your IP without your consent. In other words, IP protection stops competitors from copying your IP. If a business were to copy you, your IP protection provides you with legal rights to make a claim in court. If you win, the court will usually award financial compensation for any losses you incur due to their actions.

Intellectual property that is capable of being protected includes:

• musical works;
• inventions;
• logos;
• designs of products; and
• things you have written.

This is a non-exhaustive list of the types of things that are classified as intellectual property. Depending on the type of business you have, you should be able to identify some intellectual property you currently own. 

Intellectual Property Rights are Automatically Acquired 

There are certain types of protection that you can obtain automatically.

Unregistered Design Rights

Design rights that protect your unregistered designs are granted automatically which means you do not have to register with the Intellectual Property Office (IPO) to receive protection. The law protects the shape and configuration of a designed product either for:

• 10 years after it was first sold; 
• or 15 years after it was created, whichever ends first. 

The law will protect the appearance of your unregistered for three years from the date it entered the public domain. Appearance includes aspects such as:

• colour
• texture
• shape
• materials used

Importantly, the law does not treat automatically acquired IP rights as strongly as their registered counterparts. Likewise, you may encounter evidential problems when asserting automatically acquired IP rights. For instance, in the event of a dispute, the law will require you to prove you created the design when you said you did. This is not always easy or possible. But by registering your design rights (see below), no one can dispute when you acquired the IP rights. 

Unregistered Trade Marks

You can start using a trade mark without registering it and still enjoy some protection. When a trade mark is unregistered, it is appropriate to use the ™ symbol next to it which shows other businesses that your brand is using that particular mark. If a competitor attempts to use your unregistered trade mark, you will need to show that the mark belongs to you and that you have built up goodwill with the public through your brand reputation using the mark. Finally, you will need to show you have suffered in some way due to the other business using the particular mark. Unregistered trade marks are almost always inferior to registered trademarks when it comes to protecting your IP. 

Registering for Intellectual Property Protection

Registered Design Rights

Registered design rights are exclusive rights that protect the visual appearance of a design, in the same way as unregistered design rights. You can choose to register either the whole or part of the design. Once your application for registration is approved, the law gives you exclusive use of your design. 

As part of the registration process, the design is added to a public list of other registered designs. If a competitor attempts to copy your registered design, you will have legal rights to challenge them in court for their usage. This is the main difference between unregistered and registered design rights — you do need to prove you are the creator and when you created it. 

Registered Trade Marks

Registered trade marks are registered with the Intellectual Property Office (IPO). The IPO requires that your design is unique in character. This means that it is particular to your business and distinguishes it from others. 

You can register things such as words, sounds, colours, logos or symbols. A registered trade mark provides your business with exclusivity which is important when developing a new business or brand. When your trade mark is registered, you can use the ® symbol which shows your competitors it is registered. If another business attempts to copy your trade mark when it is registered, you are equipped with legal rights to challenge that business in court for intellectual property infringement, which can often result in financial compensation. This is one of the most effective ways to protect your business’s intellectual property rights.

Key Takeaways

Any new business in England and Wales can acquire certain intellectual property rights automatically, and also by formally registering with the Intellectual Property Office. Both design rights and trade marks have been discussed which are two of the main types of intellectual property protection. While both can exist in an unregistered form, registration is undoubtedly the most effective way of protecting your intellectual property against copying or usage without consent. By registering your IP, you will gain legal rights and can challenge anyone who attempts to use your property in court. This article will help you determine how to protect your business’s intellectual property rights. 

If you need help deciding whether to register intellectual property, 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.

Frequently Asked Questions