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Intellectual Property FAQs

“Asking questions is the first way to begin change” – Kubra Sait

Intellectual Property is one of the most complicated and unique areas of law, with a range of different legislative areas determining rights and responsibilities in the area.

In this section of the website, we present a set of articles answering the most frequently asked questions that we come across on a day to day basis and set out to explain the complicated area of IP in straight-forward terms.

General

  I. Introduction   Counterfeit products are fake or imitation goods that are made and sold with the intention of deceiving consumers into believing that they are buying genuine products. Counterfeit products have become a major issue globally due to the rise in technology and ease of production. By way of example new computer driven…

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Brand protection

What is ‘passing off’?   Passing off law is a crucial element of protecting the look of businesses in the UK. This legal concept is used to prevent one business from misrepresenting its goods or services as those of another business. In essence, passing off is a type of unfair competition that can damage a…

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Brand protection

Photo by Jens Peter Olesen on Unsplash Words by Dr Martin Douglas Hendry If you're an entrepreneur, innovator, or brand owner with international ambitions, the world of intellectual property (IP) can be a confusing place. One critical piece of the global IP puzzle is the Madrid Protocol. In this blog post, we'll dive into what…

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General

Photo by Tingey Injury Law Firm on Unsplash Words by Dr Martin Douglas Hendry   Introduction   When it comes to protecting your intellectual property (IP), choosing the right law firm can make all the difference. The right firm can help you navigate complex legal issues, ensure your IP is adequately protected, and help you…

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General

​ Photo by Joshua Sortino on Unsplash Words by Dr Martin Douglas Hendry When starting a business or creating a new product, it's important to make sure that you're not infringing on someone else's intellectual property. This is where searching for existing patents and trade marks becomes crucial. In this blog post, we'll go over…

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General

Photo by Stephan H. on Unsplash Words by Dr Martin Douglas Hendry Trade secrets can be a valuable asset for many businesses, providing them with a competitive edge and a unique advantage over their competitors. However, the threat of theft and misappropriation of trade secrets is real, and businesses need to take appropriate measures to…

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General

Photo by Pawel Czerwinski on Unsplash Words by Dr Martin Douglas Hendry If you're an entrepreneur or business owner in the UK, you may be wondering how long your patents and trade marks will be protected. After all, these forms of intellectual property are essential for protecting your brand, inventions, and creative works. In this…

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IP Commercialisation

Photo by Jason Leung on Unsplash Words by Dr Martin Douglas Hendry   Intellectual property (IP) is becoming increasingly important for businesses in today's knowledge-based economy. IP refers to the creations of the mind, such as inventions, artistic works, and symbols, names, and images used in commerce. Businesses that own IP can monetize it in…

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IP Commercialisation

Photo by Zan on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Software as a Service (SaaS) is a model of software delivery where software is typically provided over the Internet on a subscription basis. SaaS is an increasingly popular method of delivering software to businesses and consumers as it is often more…

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IP Commercialisation

Photo by siriwan arunsiriwattana on Unsplash  Words by Dr Martin Douglas Hendry   Starting a new business can be an exciting and overwhelming experience. While there are many aspects to consider when setting up a new business, one area that is often overlooked is the importance of having effective terms and conditions in place. Terms…

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Brand protection

Photo by Tamas Pap on Unsplash Words by Dr Martin Douglas Hendry   When we think of popular products, certain brands and their associated logos, slogans, and packaging come to mind. But have you ever stopped to consider the legal protections that allow these elements to be instantly recognizable, and stop others from emulating their…

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Brand protection

Image by Kimberly Farmer on Unsplash Words by Dr Martin Douglas Hendry   In today's highly competitive marketplace, having a strong brand portfolio that includes trade marks, domain names and other brand collateral (e.g., social media accounts) is essential for good-sized businesses to succeed and grow on the global stage. More broadly speaking, a brand…

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IP Commercialisation

Photo by Kira auf der Heide on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Intellectual property is a crucial asset for businesses in today's economy. It includes patents, trademarks, copyrights, and trade secrets, and it can be a valuable source of revenue for businesses if leveraged correctly. One way to monetize intellectual…

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IP Disputes

Photo by Nadine Shaabana on Unsplash Words by Dr Martin Douglas Hendry   A trade mark is a sign or symbol that distinguishes the goods or services of one business from another. Trade mark registration provides exclusive rights to use the mark and prevents others from using it without permission. However, trade mark registration is…

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General

Photo by Johannes Plenio on Unsplash Words by Dr Martin Douglas Hendry This FAQ explains what intellectual property is in the simplest terms possible. We have many other written pieces which go into more depth and complexity. Please look at the other content hosted on our website to find out more. Intellectual property (IP) is…

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IP Disputes

Photo by Usman Yousaf on Unsplash Words by Dr Martin Douglas Hendry Copyright infringement is a serious issue that can result in legal action against those who violate it. If you receive a copyright infringement notice in the UK, it is important to assess the claim correctly to be in a position to respond promptly…

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General

Photo by Christian Wiediger on Unsplash Words by Dr Martin Douglas Hendry If you're a photographer, artist, or simply someone who loves taking pictures, it's important to understand copyright and how it impacts your photographs. Copyright ownership gives the owner the legal right to control how their work is used, copied, and distributed. In this…

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IP Commercialisation

Photo by Hal Gatewood on Unsplash Words by Dr Martin Douglas Hendry If you're a business owner with a website, it's essential to understand copyright law. Copyright protects original works of authorship, including text, images, videos, and more – all of which can be found on websites and make them unique, convincing, and attractive to…

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General

Photo by Warren Wong on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Confidentiality is essential in many business relationships. When a person or business receives confidential information, they have an obligation to keep it private. A breach of confidence can lead to legal action and damages, and it can have serious consequences…

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IP Disputes

Photo by Dan Meyers on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As a business owner, protecting your brand is essential to safeguard your reputation. Unfortunately, even with the best intentions, you may find yourself receiving a trade mark infringement letter, detailing a claim made against you by a trade mark owner.…

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IP Disputes

  Photo by Maxime Gilbert on Unsplash Words by Dr Martin Douglas Hendry   As a business owner or brand manager, you have invested time, money, and resources into building your brand and reputation. A trademark is a crucial asset that helps protect your brand from being copied or imitated. However, despite your best efforts,…

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General

Photo by Agence Olloweb on Unsplash Words by Dr Martin Douglas Hendry Intellectual property (IP) is a term used to describe a range of intangible assets that individuals and businesses can own and protect under law. In the UK, there are five main types of IP that are recognized and protected. In this article, we…

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General

Photo by Austin Neill on Unsplash Words by Dr Martin Douglas Hendry   As a musician, your music is your livelihood. It's important to protect your intellectual property so that others don't profit from your hard work without your permission. Copyright law exists to protect your music and ensure that you receive recognition and compensation…

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Brand protection

Photo by Markus Winkler on Unsplash Words by Dr Martin Douglas Hendry Trade marks are essential to businesses as they distinguish their goods and services from those of competitors. In the UK, a trade mark infringement occurs when a person or company uses a trade mark that is identical or similar to someone else's registered…

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General

Photo by Ted van den Bergh on Unsplash Words by Dr Martin Douglas Hendry   Introduction: Trade Mark Symbols   If you're a business owner or entrepreneur, it's important to understand the importance of trademark symbols and how they can help protect your intellectual property. Some symbols legally require a registered trade mark to use,…

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General

Photo by Riccardo Annandale on Unsplash Words by Dr Martin Douglas Hendry Ideas are the lifeblood of innovation and creativity. But the downside to having a great idea is that it can be easily stolen or copied, especially in today's fast-paced and highly competitive world. Fortunately, there are various ways to protect your ideas in…

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General

Photo by Matteo Panara on Unsplash  Words by Dr Martin Douglas Hendry Copyright law is an essential aspect of the creative industry that protects the rights of creators and their creations. In the United Kingdom, the Copyright, Designs and Patents Act 1988 is the primary legislation that governs copyright law. In this blog, we'll explore…

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Brand protection

Photo by Belinda Fewings on Unsplash Words by Dr Martin Douglas Hendry   Introduction   A trademark is a symbol, word, or phrase that distinguishes a particular brand, product, or service from others in the market. Registering a trademark can prevent other businesses from using similar marks that could confuse customers. In the UK, the…

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Brand protection

Photo by Finding Dan | Dan Grinwis on Unsplash Words by Dr Martin Douglas Hendry   If you're considering registering a trade mark in the UK, it's important to search the trade mark registry to ensure that your desired trade mark doesn't conflict with existing registrations. In this blog post, we'll guide you through the…

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General

Photo by Giammarco Boscaro on Unsplash Words by Dr Martin Douglas Hendry Intellectual property (IP) law is an increasingly important area of law in today's world, where creativity and innovation play a vital role in business and society. IP law protects a wide range of creative and innovative works, from inventions and literary works to…

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IP Disputes

Photo by Kelly Sikkema on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Creators are able to find success on Etsy (and other similar platforms) by selling goods which tap into their creativity. Despite this, Etsy sellers in their enthusiasm can often fall foul of trade mark infringement claims, as they step on…

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IP Disputes

Photo by Tingey Injury Law Firm on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Copyright law protects the rights of creators and owners of original works, including literary, musical, and artistic works. In the UK, copyright law provides a framework for enforcing those rights and protecting against copyright infringement. In this blog,…

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IP Disputes

Photo by Joshua Hoehne on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Trade mark rights are a crucial aspect of protecting a brand and its products or services. In the UK, trade marks are protected under trade mark law, which allows the owner of a trade mark to control the use of…

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Brand protection

Photo by Jamison Riley on Unsplash Words by Dr Martin Douglas Hendry   Introduction   A trade mark is a symbol, design, logo, or any other characteristic that helps to identify and distinguish a product or service from others in the market. Trade marks are crucial in helping businesses establish their brand and build a…

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IP Disputes

Photo by James Coleman on Unsplash Words by Dr Martin Douglas Hendry   Trademark opposition is a process that allows third parties to challenge the registration of a trademark. In the UK, if someone believes that a trademark that has been applied for is similar to one that they already own or that it may…

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IP Disputes

Photo by Andrew Neel on Unsplash Words by Dr Martin Douglas Hendry   Introduction   A trade mark is a symbol, name, or logo that represents a business or product. Trade marks are an important tool for businesses looking to protect their brand and distinguish themselves from competitors. However, the process of registering a trade…

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IP Disputes

Photo by Erik Mclean on Unsplash Words by Dr Martin Douglas Hendry   What is a trademark?   A trademark (spelt "trade mark" in the UK) is a symbol, word, or phrase that is used to distinguish the goods or services of one company from those of another. In the UK, trademarks are governed by…

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IP Disputes

Photo by Attentie Attentie on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As a business owner, protecting your brand and intellectual property is of the utmost importance. This is especially true when it comes to trademark disputes, which can be costly and time-consuming to resolve. In this blog post, we will provide…

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General

Photo by Med Badr Chemmaoui on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As a business owner or manager in the UK, it's important to understand the legal protections available for your company's innovative designs. Whether you're a small start-up or a large corporation, investing in design is key to staying competitive…

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General

Photo by Cenk Batuhan Özaltun on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Intellectual property (IP) law is a crucial aspect of business in the UK, as it helps to protect the creations and innovations of individuals and companies. In recent years, the landscape of IP law in the UK has undergone…

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IP Commercialisation

Photo by Hal Gatewood on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Intellectual property (IP) law plays a crucial role in the pharmaceutical industry. It allows pharmaceutical companies to protect their inventions and creations, ensuring that they are able to profit from their research and development efforts. This, in turn, incentivizes continued…

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IP Commercialisation

Photo by Alexey Ruban on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As a large UK business, you may not immediately think of intellectual property (IP) law as being relevant to your company. However, if you produce, distribute, or play music, IP law plays a crucial role in protecting your rights and…

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General

Photo by Skye Studios on Unsplash By Dr Martin Douglas Hendry   Introduction   Intellectual property (IP) law plays a crucial role in promoting innovation and creativity. It provides creators and inventors with the legal means to protect their ideas and creations, allowing them to benefit financially from their work. This, in turn, incentivizes further…

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General

Photo by Ian Tuck on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As a business owner, you know that your company's trade secrets are crucial to its success. These secrets could be anything from a unique manufacturing process to a proprietary formula or a customer list. Protecting these secrets is essential to…

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Brand protection

Photo by Michael Dziedzic on Unsplash By Dr Martin Douglas Hendry   Introduction   The intersection of IP law and cyber security is a topic of great importance for large UK businesses. With the increasing reliance on technology and the rise of cyber threats, it is crucial for businesses to understand how intellectual property (IP)…

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IP Commercialisation

Photo by Mark König on Unsplash By Dr Martin Douglas Hendry   Introduction   As the world becomes increasingly digital, the importance of protecting intellectual property (IP) in the realm of e-commerce cannot be overstated. Large UK businesses must be aware of the legal frameworks surrounding IP and how they apply to the online world…

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IP Commercialisation

Photo by Isaac Davis on Unsplash Words by Dr Martin Douglas Hendry   Introduction   When conducting business transactions, it is essential for companies to conduct thorough IP due diligence to ensure that they are not exposing themselves to potential risks or liabilities. IP due diligence is the process of examining a company's intellectual property…

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IP Commercialisation

Photo by Kyle Glenn on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Intellectual property (IP) law plays a critical role in protecting a company's assets and securing its competitive advantage in today's global economy. Without IP law, it would be much easier for other companies to copy and profit from a business's…

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IP Disputes

Photo by Henry Hustava on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As a large UK business, it's important to protect your intellectual property (IP) from infringement. Not only can IP infringement damage your reputation and potentially lead to financial losses, but it can also hinder innovation and growth within your business.…

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IP Commercialisation

Photo by Christian Lue on Unsplash  By Dr Martin Douglas Hendry   Introduction   Brexit has been a hot topic for the past few years, with businesses around the world wondering what the impact of the UK's decision to leave the European Union will be. One area that has received less attention, however, is the…

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Brand protection

Photo by Jaël Vallée on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As a business owner, it's important to protect your intellectual property (IP) rights. Your IP includes things like your brand, your logo, and any original ideas or products that you've developed. Enforcing your IP rights is crucial for maintaining the…

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IP Commercialisation

Photo by ben o'bro on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As businesses continue to grow and evolve, mergers and acquisitions have become an increasingly common strategy for companies looking to expand their operations and increase their market share. While these transactions can provide numerous benefits, they also present a number…

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Brand protection

Photo by Bob Brewer on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As a business owner, protecting your brand and intellectual property is of the utmost importance. This is especially true when it comes to trademark disputes, which can be costly and time-consuming to resolve. In this blog post, we will provide…

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General

Photo by Ludomił Sawicki on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As a business owner, it's important to understand the ins and outs of intellectual property (IP) law. This area of law can be complex, but taking the time to learn about it can help protect your business and its unique…

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General

Photo by Patrick Tomasso on Unsplash Words by Dr Martin Douglas Hendry   Introduction   As a large business operating in the UK, it's important to understand the role of the Intellectual Property Office (IPO) and how it can help to protect your intellectual property (IP). The IPO is a government agency that is responsible…

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General

Photo by Wilhelm Gunkel on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Trademarks, copyright, and patents are all legal protections that can help businesses in the UK to protect their intellectual property (IP). These legal tools can be confusing, so it's important to understand the differences between them. A trademark is a…

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General

Photo by Alfred Leung on Unsplash Words by Dr Martin Douglas Hendry   Introduction   Intellectual property (IP) is a critical asset for any business, large or small. It includes creations of the mind such as inventions, literary and artistic works, and symbols, names, and images used in commerce. Protecting your business's IP is essential…

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Brand protection

Photo by Bernard Hermant on Unsplash  Words by Dr Martin Douglas Hendry   Trademark registration is an important step for any business, large or small. A trademark is a symbol, word, or phrase that distinguishes your products or services from those of your competitors. It acts as a source identifier, letting customers know who is…

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General

Photo by Campaign Creators on Unsplash Words by Dr. Martin Douglas Hendry   Do you work in the creative industry? Are you well versed in how copyright impacts you and the business you work in? If you're starting from square one, or need a bit of a refresher - this guide is for you. In…

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IP Disputes

Photo by GR Stocks on Unsplash  Words by Dr Martin Douglas Hendry   Introduction   Trademark disputes can be very disruptive to businesses. Unless handled in a proactive and tactical way they can have a significant impact on resources including time and money. In some of the worst-case scenarios, this also means a rebranding exercise…

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IP Disputes

Photo by Gary Bendig on Unsplash Words by Dr Martin Douglas Hendry   Introduction A trademark (spelt "trade mark" in the UK) is a registered brand element which is often a word, phrase, or logo that identifies a product or service that distinguishes it from those of other manufacturers. Trademarks are important because they allow…

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General

Photo by Uriel SC on Unsplash Words by Dr Martin Douglas Hendry   Introduction   In recent years intellectual property (IP) has become more of an important topic for businesses looking to bring something different to the marketplace. Whether it is a distinct brand, a certain voice, or a unique innovation in their product or…

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Brand protection

Photo by Marten Newhall on Unsplash Words by Hallam Whitehead     Introduction   When registering a trademark (or "trade mark" as it is spelt in the UK), it is important to make sure that the brand you are registering is not being used by an existing entity. There are a couple of reasons for…

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Brand protection

Photo by Milos Lopusina on Unsplash By Cameron Ward     Introduction   The process of registering a trademark (spelt “trade mark” in the United Kingdom) includes two main phases. The first of these is the examination, where a trademark examiner reviews the trademark to see whether it can be registered as a functional trademark.…

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Brand protection

Photo by Arthur Mazi on Unsplash Words by Dr Martin Douglas Hendry     Introduction: NFTs   NFTs are an emerging technology which courts a degree of controversy. They are a blockchain technology which in theory, and to a degree in practice enables the ownership of discrete digital assets. This is compelling to proponents of…

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Brand protection

Photo by Robert Anasch on Unsplash Words by Dr Martin Douglas Hendry       Introduction: trademark a logo   At Virtuoso Legal, we help businesses of all sizes protect their brands with trademarks. A lot of the time these brands are logos or symbols which are attached to their goods or services. We help…

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Brand protection

Photo by Mike Petrucci on Unsplash Words by Dr Martin Douglas Hendry​   The name of your business is one of the most important assets that your company holds. That's why most businesses (when they reach a certain size) look to trademark their business name to protect it. In the guide below we provide answers…

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Brand protection

Photo by Ari Spada on Unsplash Words by Dr. Martin Douglas Hendry​   What does counterfeit mean?   Counterfeit is a term that is used to describe a fraudulent imitation of authentic goods. It can be used as an adjective to describe goods that are fraudulent imitations (e.g. "these Nike shoes are not genuine they…

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General

Words by Todd Bateman If you're a business looking for help with your intellectual property - it is important to know what to look for in an intellectual property solicitor. There are massive law firms out there who keep worldwide brands at the top of their tree, and there are individual lawyers who can provide…

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Brand protection

Photo by Jan Antonin Kolar on Unsplash Words by Todd Bateman     Intellectual property theft: introduction   Are you a business concerned about intellectual property theft? You have come to the right place. And, you are not alone! Intellectual property theft is a common problem for businesses in the modern age. Most contemporary businesses…

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Brand protection

Words by Dr. Martin Douglas Hendry   How much does it cost to file a trademark application?   So, you are looking to file a trademark (or as we say in the UK "trade mark") - congratulations! Registering a trademark is not free and there are a number of factors that influence how much it…

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Brand protection

  Photo by Pablo Gentile on Unsplash Words by Dr. Martin Douglas Hendry   GUIDE: How to trademark a name in the UK   So you are looking to trademark your name in the UK - congratulations!  A trademark (spelt "trade mark" in the UK) is a registered intellectual property right that protects your name…

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General

Words by Todd Bateman     What is an invention?   An invention is a new and improved product, process, or device that is created as a result of human ingenuity and creativity. Inventions can be created for a variety of purposes, including solving problems, improving upon existing products or devices, or simply providing entertainment.  …

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IP Disputes

Photo by History in HD on Unsplash Words by Todd Bateman   What are patent invalidation and patent revocation?   After a patent is awarded, it can be annulled, or its scope of protection restricted through a revocation or invalidation procedure. Thisis typically launched by a third party, who do so under a certain legal pretext.…

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General

Photo by iam_os on Unsplash Words by Todd Bateman   Do I need permission to share other people's copyright work online?   There is a general rule that you cannot share other people's copyright work online without their permission. This includes sharing it on social media, on your own website or blog, or in any other…

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General

Photo by Frankie Cordoba on Unsplash Words by Todd Bateman  Introduction   Over the past two decades, the internet has fundamentally changed the way we live, work, and play. One of the most significant changes has been the rise of the creator economy. With the internet, anyone can be a creator. You no longer need expensive…

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Brand protection

Photo by Phil Desforges on Unsplash Words by Dr Martin Douglas Hendry     What are prior rights? The term “prior rights” refers to different kinds of pre-existing rights relevant to the current status of a legal subject in question. Within intellectual property, there are many pre-existing overlapping rights which can (and often do) conflict.…

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General

Photo by Kumpan Electric on Unsplash Words by Dr Martin Douglas Hendry   What is an industrial design?   An industrial design is a creative design for products or packaging, resulting from the application of industrial design principles. It is concerned with the aesthetics of form and can be applied to a wide variety of products,…

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Brand protection

Photo by Victória Kubiaki on Unsplash Words by Todd Bateman   The function of trademarks   Trademarks (spelt "trade marks" in the UK) serve as a link between customers and producers, allowing consumers to correlate a product with its origin, allowing them to make informed purchasing decisions. It is important that trademarks are able to perform…

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General

Photo by Trevor Brown on Unsplash Words by Todd Bateman  Introduction   Photographers often create hundreds of images every day and in doing so they are (whether they know it or not) engaging with intellectual property in a meaningful way. Awareness of intellectual property can benefit photographers significantly, helping them monetize and sell their images.…

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General

Words by Dr Martin Douglas Hendry   What is originality in copyright?   To be protected by copyright, works must be “original” or be seen to have “originality”. In the legal sense, a work being “original” or having “originality” refers to the notion of independent creation. This means that the work is not copied or comprised…

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IP Disputes

  Words by Dr Martin Douglas Hendry     Introduction   Copyright Infringement can be a serious legal issue for those who receive a claim, as dealing with a protracted dispute can be a drain on both time and financial resources. Yet, any business that produces creative outputs may be at risk of receiving a…

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General

  Introduction   Sound recording artists (whether they are musicians, producers, composers or otherwise) are creators who are most visibly affected by intellectual property rights and copyright in particular. It seems that at any given moment, the most prominent recording artists on the planet is usually in the position where they are defending the ownership…

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Brand protection

  Brands are more important than ever. They make a business' products stand out and keep customers coming back for more. Protecting brands is key to staying ahead of the competition and copycats who seek to take advantage. In this guide, we present a simple 5-step process to work toward best-in-class brand protection. Read on!…

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General

Introduction   A lot of business owners think that protecting their intellectual property is just something for big companies and is not worth the time or money. In reality, intellectual property (IP) is an important legal component for any business, no matter how big or small they are. Many know that there are tangible assets…

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Brand protection

Photo by Denny Müller on Unsplash Words by Dr Martin Douglas Hendry   All about registered trademarks   Registered trademarks protect signs that perform the function of identifying the source of a business's goods or services, distinguishing them from 3rd parties. A trademark also only protects goods and services within certain classifications, which have to be…

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General

Word by Dr Martin Douglas Hendry   Is intellectual property infringement a criminal offence?   Typically, intellectual property is not considered a criminal offence, but rather a civil offence. Despite this, there are some kinds of intellectual property infringement that can result in criminal sanctions. For example, counterfeiting (which typically results from a range of other…

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Words by Todd Bateman   Before the 21st century Inventors used their own money, technology, and equipment to produce most inventions, for example during Thomas Edison's time. In today's world, however, with the expansion of science and technology, as well as rapid economic and social development, an innovation frequently necessitates the contribution of large amounts of…

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Brand protection

Photo by Two Paddles Axe and Leatherwork on Unsplash Words by Todd Bateman   Introduction   A brand can make or break a business. A good brand means a protected and recognisable identity that people seek near and far. A bad brand means lacking an overall distinctive impression in the eyes of the public -…

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Words by Todd Bateman   What are patent rights and how can you get them?   In general, patents are given in order to protect inventions. What is regarded eligible for patent protection and related provisions change from country to country because to differences in national conditions. Your invention must meet specific conditions in order to…

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Words by Todd Bateman   The first step forward   Deciding to open a business in the UK is an exciting prospect that many people pursue in their lifetimes, however, the statistics don’t look good for new starts up with 90% failing to make it successful. To make your business stand the best chance of…

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General

Photo by Laura Vinck on Unsplash Words by Dr Martin Douglas Hendry   Why do we need IP?   What is IP? Intellectual property (or IP) is a term used to refer to creations of the mind which can be protected by law. This includes things such as goodwill in businesses, inventions, creative works, and more.  …

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Words by Todd Bateman   Introduction   In this FAQ we will look at some key points you’ll need to take into consideration when it comes to protecting an invention. Doing so can involve cost, but exclusive ownership of an invention that has real potential has no price tag. In this post, we provide a…

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General

  Words by Dr Martin Douglas Hendry   Introduction   Whether you are a professional photographer or a casual Instagram snapper - photographs have become an important part of our day-to-day lives. More images are being created today than ever before. There is also an increasing number of opportunities for creators to use photographs in…

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IP Disputes

WHAT IS A TRADEMARK?   To avoid trademark infringement, it is important to first have a strong grasp on what a trademark ("trade mark") is. Businesses attach “signs” to themselves, their products and their services. These can typically be a name, a logo or other kind of sign which helps the buying public recognise the…

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General

By Todd Bateman and Dr Martin Douglas Hendry   Innovation, where to begin?   As intellectual property specialists, we help innovative businesses change the landscape every day. Developing an innovation culture within a business helps them best competitors by developing new ways to surprise and delight clients and customers. Whether it is developing new products…

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IP Disputes

Copyright infringement is a common IP dispute that emerges when a creative work that attracts copyright protection is used without the express consent of the copyright holder. A lack of general awareness about copyright, how infringement works, and the increased ease in which it can occur means that a lot of people get caught in…

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Brand protection

Securing the right domain name is important for your online business. Domain names now represent key business assets more than ever before. Below is an essential guide to domain names that will help set you up for success. Read on!   What is a domain name?   A domain name is an online address that…

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IP Disputes

By Elizabeth Ward and Martin Douglas Hendry   Intellectual property is a key asset within contemporary businesses. With many employees recently being furloughed or leaving businesses; many highly talented people are establishing new ventures or moving elsewhere. It is important that with the big changes that are currently happening, employers, freelancers, employees and ex-employees are…

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General

WHAT IS Intellectual Property AND WHY PROTECT IT?   A business’ intellectual property (or IP) encompasses all of the intangible assets that the company holds. Nowadays for most companies, the unique knowledge, experience and expertise that they hold equals or surpasses the value of assets they hold physically. It is important that where possible, this…

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General

  What is a Patent?   A patent is a registered intellectual property right to protect an invention for a set period. Patents allow the inventor of the invention to make exclusive use of it and take legal action against anyone who tries to copy or use the invention during that period.   What qualifies…

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General

Photo by Jakob Owens on Unsplash   Introduction - Where to get free images online   Businesses today are continually creating a host of new content for a variety of purposes. Whether it's: news posts blogs emails social media posts physical marketing collateral like leaflets and booklets   Any business worth its salt wants these…

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General

  What is a design? A "design" can commonly refer to a plan or drawing produced to show the look and function or workings of a building, garment, or other object before it is made. The word design can also refer to the resulting designed object in its 3D form.  In the legal sense, a…

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IP Disputes

  Video Explainer: Copyright infringement     Do you need help with copyright infringement? Click the button below to ask our experts.   Ask our Experts   What is Copyright?   Copyright is an unregistered right which protects original creative works. Copyright comes into existence at the point where an original creative work is made.…

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General

What is IP? Intellectual Property (or “IP”) is another name for the intangible assets that are created in your business as part of your typical day-to-day work. For example, IP can include: the branding of your business and the products you offer; the designs created by your business; creative works; data, and; your own inventions.…

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Brand protection

  In time, your marks become synonymous with the quality of your products and services. It’s how people differentiate you from your competitors. They can also make you money when you license them for others to use. So it’s important to do what you can to get it right. But what *exactly* makes a great…

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Brand protection

Photo by Javardh on Unsplash     What is a trademark? To understand what a trademark is, it is first important to understand how businesses use "signs" in relation to their goods and services. Businesses attach signs to themselves, their products and their services. These signs might be a name, a logo or other kind…

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General

​ What is copyright? Copyright is an unregistered right which protects original creative works. Copyright comes into existence at the point where a novel creative work is made and protects the original characteristics of the work. (In the USA alone, in order to enforce copyright, creators are encouraged to register their copyright with the USPTO.)…

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IP Disputes

  The same goes for IP. IP, being what it is, can be the lifeblood of businesses. Whether it’s: Core brand elements (logos, slogans, get-up, brand names) Creative outputs (images, music, websites, written material, videos…) Inventions (secret technology, formulations and processes…) Unique know-how (client lists, supplier lists, critical business info…) Designs (original 2D and 3D…

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General

  All too often in the news, you hear about companies being “forced to change their name” after receiving a letter from a solicitor, or something similar. As a solicitor, sometimes I wish my pen (or computer keyboard) was actually that powerful! Spoiler alert, it’s not. The short point is this; a letter from a…

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Brand protection

In the world of online marketing, ownership over a conversation is very lucrative. Because of this, brands now use hashtags to guide engagement with their campaigns. What’s more – they have also started to trademark hashtags to ensure they maintain control! (Although, actually doing this is another thing entirely…) So, trademarking a hashtag may well…

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IP Disputes

Let me explain. GIFs as we well know are an image format which has become popular through their use in sharing short repeating animations. GIFs exist within the broader culture of “memes” which are now a staunch part of internet conversation. Alongside memes, GIFs are especially notable in their versatility with their meaning often defined…

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IP Disputes

It was the best of times, it was the worst of times… It was the age of wisdom, it was the age of foolishness… It was the epoch of belief, it was the epoch of incredulity… The famous introduction to Charles Dickens’ A Tale of Two Cities is noted for it’s contrasts. The juxtapositions at…

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IP Commercialisation

The franchisee trades under the brand of the franchisor, but operate as their own business. Examples of successful franchises include Subway, McDonald’s, Domino’s Pizza and Burger King, where the smaller units cover a specific territory, making profit not just for the individual unit owner, but for the franchisor as well. It’s no coincidence that these…

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IP Disputes

  What is a trademark?   To understand trademark infringement it is first important to understand what trademarks are and how they work. Trademarks ("trade mark" being the UK spelling) tell people: Where marked goods or services have come from (i.e. as a "designation of origin") The quality expected of the goods and services That…

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General

  What is intellectual property?   Intellectual property (otherwise known as IP) is the name given for a category of intangible creations emerging from human creativity. Examples of creations that fall under IP are videos, photos, designs, inventions, brands, business secrets and a lot more. It has become more important than ever for businesses and…

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IP Disputes

Foremost, it is important to know that intellectual property is a niche area of law. As such IP is broadly outside the scope of lawyers who do not specialise. IP infringement in particular can be complex for people without a legal education and specialism in IP to understand. Part of the problem is that a…

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