What Intellectual Property Rights Are Automatically Granted?

If your business in the UK owns any intellectual property, you may want some clarity on which IP rights you obtain automatically and which arise after registration. In this article, we will discuss what types of intellectual property are automatically granted and how this can benefit your business.

Overview 

There are a wide range of types of intellectual property protection, however there are some which require registration and others that are acquired automatically. Automatic intellectual property rights include copyright, moral rights, unregistered trade marks and unregistered design rights. The types of protection each offers differs but it is important to understand what rights you have from the moment you have created something.

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Copyright and Moral Rights

Both copyright and moral rights arise automatically after creative works come into existence. Neither are capable of registration with the Intellectual Property Office (IPO). 

However, each creates a different form of protection.

Copyright

Copyright protects your work from others from using it without your consent or from copying it in some way. You obtain copyright protection automatically, however, your work must be original and also must be some form of creative work, such as:

• literary, 
• dramatic,
• musical, 
• artistic, 
• software design, 
• broadcast, or
• film. 

Copyright is granted to the work’s creator from the moment it is made and protects it from others using it in some form, attempting to sell it or copying it. You can use the © symbol next to your work along with the date it was created and your name.

If someone infringes your copyright, you have the right to enforce it. Ultimately, if you can come to a negotiated settlement, copyright infringement entitles you to sue the other party. 

Unlike moral rights, you can sell the copyright over a work to another or licence it out under certain terms. 

Moral Rights

Moral rights also arise automatically once you to create the same sorts of work as above. Unlike copyright, moral rights only protect the integrity of the work. Effectively, these are non-transferrable legal rights that allow the creator the right to assert that they created the work. It also grants the creator the right to disclaim another person’s attempt to falsely claim the work as their creation. 

Trade Marks

Unregistered trade marks are simply those that have not been registered with the IPO. Unlike copyright, an unregistered trade mark does not obtain immediate protection upon creation. It must first build up reputation and consumer relations in the market or area or trade your business is in. Once you have built up this reputation and consumer base, you can then obtain protection from the law of passing off, which can be used to prevent competitors from copying your trade mark and misrepresenting consumers by using your logo for example.

Benefits of Registration 

It is much more difficult to obtain protection through unregistered trade marks than through registered trade marks. If you register your trade mark with the Intellectual Property Office, you obtain the right to take the other party to court for intellectual property infringement. In contrast, when your trade mark is unregistered, you must prove that: 

• your trade mark and business have goodwill;
• another party has misused or misappropriated your trade mark; and 
• as a consequence, your business has suffered damage. 

This is a more rigorous test than if you register your trade mark with the IPO. As a result, many businesses prefer to register their mark to maximise their rights as soon as possible.

You can use the ™ symbol to show others that you are asserting your rights over a registered trade mark. This can help you prove your rights over the mark in the event of a dispute over it.

Design Rights

Unregistered design rights protect your designs and stop others from using your designs without your consent. This law automatically grants design rights, meaning registering your rights is no longer necessary. As with trade marks, you can choose however to register the design rights with the IPO to maximise your protection.

The appearance of your design will be protected for three years from the moment your design is made public with unregistered design rights. You will also have the shape and configuration of your design automatically protected for either: 

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

If you feel someone has copied your design, you will need to show proof of when you created your design in order to enforce your rights. It is usually advisable to obtain legal advice when challenging another business in this way, as the process is more complex when dealing with unregistered rights.

Key Takeaways

There are a number of intellectual property rights that are granted automatically. These are copyright, moral rights, unregistered trade marks and unregistered design rights. Each type of protection differs in terms of what it protects, how the rights are enforced, and the length of protection. While copyright and moral rights can never be registered, unregistered trade marks and unregistered design rights have the option to be registered which increases their protection.

If you need help around registering design rights or trade marks, 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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