What is a trade mark? Trade marks protect brand identity, including words, logos, shapes, sounds and other signs and they can be registered or unregistered.

It is easier to enforce your rights when others use your trade mark without your permission if the trade mark is registered. An unregistered mark will rely on the common law of passing off.

To obtain a registration, the trade mark must be distinctive for the goods and services you provide and not deceptive, or contrary to law or morality. A trade mark can be registered in different classes of goods or services. A registered trade mark must be reviewed every 10 years and can last indefinitely. Consideration should also be given as to whether International / European protection is needed. A Community Trade Mark gives protection in all European Union countries. If it is important to have International protection, you can apply for protection in countries party to the Madrid Protocol.

What is a Patent? New inventions step can be protected by patents for up to 20 years (subject to annual renewal), throughout the UK.

Patent protection gives the inventor a monopoly right to prevent others from making, using, importing or selling an invention without permission.

Strict rules apply that determine what can and can’t be patented. For instance, you must not have publicly revealed your invention before you apply for your patent. Certain surgical techniques and software are usually excluded from being patented.

Copyright is a property right which subsists in original literary, dramatic, musical and artistic works, published editions of works, sound recordings (including CDs), films (including videos and DVDs) and broadcasts. Copyright protection is available throughout the UK and much of the world. In the UK, copyright is created automatically and no registration is required in order to obtain copyright protection.

How long does it last? For literary, dramatic, musical or artistic works - life of author plus 70 years. Sound recordings - 50 years. Typographical arrangement - 25 years.

Copyrights cover everything from software programs to website layouts to directors film rights. Copyright can be a complex area of law with many interwoven rights existing together, especially in new media.

What is a registered design? In order to protect how a product looks as opposed to how it works it is necessary to register the design. A registered design will protect the lines, contours, colours, shape, texture and materials of the product or its ornamentation.

In order to be validly registered, the design must be new and have individual character so that it would not remind an informed person of an existing design.

A registered design has protection throughout the UK for 5 years and it can then be renewed every five years for up to 25 years. In order to protect the design in other countries there are two options. Firstly, you can apply for a Registered Community Design with the Office for Harmonisation in the Internal Market (OHIM), once registered the design then has protection in all countries of the EU. Alternatively, you can apply for registration of the design in the individual countries in which you want protection.

What is UK design right? An unregistered design right protects any aspect of the shape or configuration of a purely functional 3D product (whether internal or external). The protection lasts for either 10 or 15 years, depending on when the product is first made available for sale or hire.

The advantage of an unregistered design right over a registered design right is that it is free and is created automatically when you create an original design. However, the 2-dimensional aspects (for example patterns) of the design are not protected and these would need to be registered.

A design right will only give you protection in the United Kingdom. There is, however, a Community unregistered design right which, like UK and Community registered design right, protects new designs which have individual character. Its protection lasts for 3 years from disclosure of a product incorporating the design to the public in the EU.

What is a database? A database is defined as “collection of independent works, data or other materials which are arranged in a systematic or methodical way and are individually accessible by electronic or other means." In simple terms, a database may be in electronically or paper form and could include fixture lists, telephone directories, mailing lists and lists of customers as well as card indexes etc.
Databases can be protected:

• under the law of copyright;
• under the Copyright and Rights in Databases Regulations 1997 as database right; and
• under the law of confidence.

A ddatabase right will arise automatically where there us a substantial investment in obtaining, verifying or presenting the content of the database and subsists even when no copyright subsist. It need not have any commercial or other value.

Data Protection laws cover the private assimilation of information on individuals. Data Protection is a key part of the laws of privacy in today’s society.

Licensing is a common tool used to commercialise and exploit intellectual property rights.

Licensing is basically the grant of a right to do something such as make and sell products without surrendering ownership of the underlying asset, usually in return for a payment - also known as a royalty. Licensing offers businesses a very real opportunity to maximise income streams on technology and to exploit technology in new markets.

Franchising is used to describe many business relationships but, in its true legal sense, it is a particular form of licensing. Franchising usually occurs where one company has a tried and tested product and business model. This tried and tested business can then be rolled out to other potential businesses on a nationwide or indeed international basis. The franchisee gets the benefit of a head start in business by selling well-known goods and services.

We can advise, draft and negotiate a full range of intellectual property and IT related commercial agreements. Examples of the types of agreements which we can deal with are set out below:

• IP assignments;
• IP licence agreements;
• Franchise agreements
• Confidentiality agreements;
• Patent and know-how agreements;
• Research and development agreements;
• Commercialisation agreements;
• Inventors agreements;
• Revenue sharing agreements;
• Co-ownership agreements;
• Academic licenses;
• Software licensing agreement;
• Technology transfer agreements;

With the advert of digital content, more and more clients are looking to licence a variety of so called digital content. Digital content could be things such as video clips, brand placement, sports clips and team names. Whether you are a director, creator or user of such new media, you need contract to clearly set out the scope of use of any such content, including where necessary things such as geographical restrictions and pay for use arrangements. A number of high profile cases involving sports clips on You Tube have demonstrated the importance of getting the requisite permissions. Without proper permission the broadcasters and users of digital content face being sued.

We’ve acted for the producers of animation and film, sports personalities, TV and film directors. By putting in place proper contracts they have effectively defended the use of their work and received proper remuneration.

We assist a number of businesses by undertaking a strategic review or audit of their commercial agreements and intellectual property. We can then assist in making the most of their income streams from technology and enhancing their protection of their Intellectual property. This is particularly important in international business.

We can also assist businesses get proper title to the Intellectual Property in a business transaction - this can be key to enforcing the rights and keeping a competitive advantage.

We undertake full Due Diligence reports to help clients find out where they stand. These sorts of audits can then be used as a route map to plan the company’s strategy going forward. Good planning can help increase revenue streams and assist in international filing at competitive costs.