What is the Strongest Type of Intellectual Property Protection in the UK?

In the UK, there are many different products or services-based businesses, each of which may have its own intellectual property (IP). As a result, the kind of protection you need will depend on your business’s particular circumstances. Some forms of IP are stronger than others. This article will consider different types of available IP protection and the strengths they afford you.

Overview

The extent of IP protection depends on the nature of the IP in question. As a general rule, this, in turn, depends on whether your business produces goods or supplies services. 

Another general rule is that protections arising from a successful application for registration with the Intellectual Property Office (IPO) are stronger than unregistered IP. There are certain exceptions, such as IP protected by copyright. However, it is still highly advisable to register assets capable of registration so that you maximise the protection. 

Trade Marks: the Brand Identifier

Trade marks are one of the strongest types of IP protection. This is because they protect branding, meaning that a wide range of businesses can use them. Trade marks provide businesses with exclusive rights to their brand and can establish consumer recognition. Signs that may be considered as trade marks include:

• words;
• logos;
• symbols;
• sounds; 
• colours; or
• any combination of the above.

Furthermore, this form of IP may exist either in an unregistered or registered form. An unregistered trade mark will often have a ™ mark beside it. This reflects that the business asserts its rights over the unregistered mark. Trade marks with an ® symbol reflect that business has registered it with the Intellectual Property Office (IPO).

Generally, as a business, registered trade marks grant you more legal protection over the mark. This is because the registration is evidence that you are the exclusive trade mark owner. On the other hand, for unregistered trade marks, you must demonstrate to a court that you have built up sufficient goodwill and recognition towards your brand. This is a higher threshold and can be difficult to prove. As a result, you should register a trade mark to maximise your brand protection. 

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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Patent Protection: Inventions

If your business has developed a new invention, the strongest type of protection you will be able to obtain is patent protection.

In order to make a successful application, your invention must be:

• new to the public; 
• take an inventive step; and 
• capable of being made and used. 

While these may be considered straightforward, the IPO heavily scrutinises patent applications. Your invention must be novel and not a simple adjustment to an established, pre-existing product.

If your application is successful, competitors cannot copy, manufacture, or sell your invention without your consent. This protection lasts for as long as 20 years, provided you renew it each year at cost. Patent protection is, therefore, a strong form of IP protection. If another person breaches your patent rights, you can claim against them in court and sue for damages.

Businesses frequently find patent applications the most difficult form of IP because of their length and complexity. Patent applications are also highly costly. Therefore, you should consider seeking advice from an IP lawyer to assist you with your application. 

Design Rights: Protection for Visual Designs

Design rights are reserved for protecting the visual element of designs, either in part or in full. If you have created a product, you can apply for design rights to prevent competitors from copying its features. As a result, you may find this type of protection highly advantageous, particularly if you operate in certain industries, such as:

• clothing businesses; 
• footwear enterprises; and
• furniture brands.

You do not have to register your design rights, but, as with trade marks, registered design rights give you more protection. You can more easily enforce your rights, and you do not have to prove evidence of ownership. 

Copyright: Creative Works 

A key aspect of IP protection is copyright. This protects any creative work you produce, including: 

• software;
• literary work;
• dramatic work;
• musicals; or
• artistic works. 

Unlike other forms of IP protection, copyright is an automatic right. The rights are applicable from the moment the work is materialised, and you do not need to register or pay a fee to protect your IP. Copyright protection also lasts for the entirety of the owner’s life, with an additional 70 years after their death for most work.

Key Takeaways

Intellectual property protection generally refers to your ability to prevent others from using the property without your consent. The strength of a particular intellectual property protection will ultimately depend what type of business you run, as well as the nature of the intellectual property itself. The most common protection arises from:

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

In some cases, you may not need to register the intellectual property with the Intellectual Property Office, and will automatically obtain certain rights. However, registering your intellectual property when you can do so often maximises the protection. 

If you need help or advice around intellectual property applications, 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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