Intellectual Property

Patents protect inventions that are new, inventive and have an industrial application. You’ll need to register your invention with the UK Intellectual Property Office (IPO) or, for broader coverage, the European Patent Office (EPO). If granted, you get a 20-year monopoly – as long as you keep up with renewal fees and your patent isn’t challenged.

Trade Marks are registerable rights under the Trade Marks Act 1994 and are registered with the IPO. To qualify, a Trade Mark must:

• Consist of a sign capable of clear, precise representation in the register.
• Distinguish goods and services of one business from others.

Trade Marks last indefinitely, with renewals every 10 years, giving you exclusive rights of use and exploitation.

Copyright is an automatic right not requiring registration. Governed by the Copyright, Designs and Patents Act 1988 (CDPA), it covers original literary, dramatic, musical and artistic works, as well as sound recordings, films, photographs, software code, broadcasts, and even typographical arrangements (layouts of published work).

The duration of copyright differs by type of work. Databases are also protected under the CDPA and the Copyright and Rights in Database Regulations 1997, subject to specific qualifications.

Design rights protect the way a product looks. The protection consists of a mix of rights requiring registration and unregistered rights.

Supplementary Unregistered Design Right (SUD)

Protection

• Includes ornamentation
• Design must have been made available to the UK public post 1 January 2021; and must be a new and individual character.

Duration

• Three years from when the design was made public to the UK.

Unregistered Design Rights (UDR)

‍Protection

• Excludes surface decoration and “must-fit” “must-match” exclusion;
• Excludes a method or principle of construction.

Duration

• The lesser of: 10 years after it was first sold and 15 years after it was created.

Registered Design Rights (RD)

Protection‍

• A new design with a physical shape, configuration, decoration or colour and pattern
• Must be registered with the IPO; and there is a 12-month grace period between disclosing the design and registration.

Duration

• A design registration lasts 5 years and must be renewed every 5 years up to a maximum of 25 years.

Passing off is an unregistered right developed through case law. It protects your business’s goodwill associated with its brand and get up and applies when:

• Your business has acquired goodwill or reputation with distinct features that the public recognises.
• A third party misrepresents their products or services (intentionally or not) in a way that leads (or is likely to lead) consumers to associate its goods and services with your business
• The misrepresentation causes or is likely to cause, damage to your business.

Your IP is a commercial asset which you can monetise in England and Wales in several ways, including:

• Assignment: Transferring legal ownership of your IP to another party.
• Licensing: Granting permission for others to use your IP generally in return for payment under terms you define, such as exclusive licences or product category-restricted licences.
• Security: Using your IP as collateral in financial transactions.

For example, owners of creative content, such as publishers or photographic agencies, will charge royalties to permit use of those assets often for a specified period or purpose. Alternatively, your business can franchise its IP as part of a broader growth strategy or collaborate on joint projects, such as academic research or product development, to drive innovation and build future opportunities.

Conducting IP due diligence is an important step during mergers and acquisitions. It allows you to confirm IP ownership and uncover any restrictions tied to the rights before proceeding. This process is equally important in insolvency situations to help you determine whether security has been placed over IP assets before they are distributed.

If someone encroaches on your IP in the UK, you have options on where to take action:

• High Court: For high-value and complex disputes.
• IPEC: For lower-value disputes, usually limited to 2-3 trial days and with limited costs.
• IPO: For certain disputes and applications for revocation of IP rights.

Registering your IP rights in England and Wales not only makes sure you have strong legal protection but also positions you for enforcement. By safeguarding your rights early on, you reduce risks associated with expanding your business and establishing a presence in the UK.