Learning Centre
“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.
Photo by 2H Media on Unsplash Copyright is the bedrock of value in the UK’s thriving creative industries Whether you're web designers or academic innovators, copyright protects creative works in their recorded form (not the idea, but their tangible expression). Built on knowledge, protected by copyright The UK is a strong knowledge economy, and…
"How do I protect my idea?": Start here When people contact us for help with their IP we're often asked to "protect their idea". With IP's prominence in the real world, it's understandable that people know these things can be protected. The niché aspect of the law and the rights involved also mean, understandably,…
Brand protection
The digital age has brought unprecedented opportunities for businesses to grow and expand, but it has also introduced new challenges in protecting intellectual property (IP). From cybercrime to online infringement, businesses need to be proactive in securing their ideas and digital assets. In this article, we explore how SMEs can protect their intellectual property in…
Brand protection
If someone infringes on your intellectual property (IP), taking swift and informed action is crucial to protect your business and rights. In this article, we’ll guide you through the key steps to take when your IP is being used without permission. How to confirm IP infringement Before acting, confirm that your intellectual property has…
Brand protection
Photo by Andersen Jensen on Unsplash If you’ve received a cease and desist letter for intellectual property infringement and want to know your next steps, read our article here. Whether you’re looking to enforce your intellectual property rights or defend your position, it's important to be very cautious and consider the best next step. Contact…
IP Disputes
Image by Afif Ramdhasuma on Unsplash When a trade mark application is published by the UK Intellectual Property Office (IPO), it marks a critical moment for businesses and individuals looking to protect their intellectual property. If a trade mark conflicts with your own rights or fails to meet the IPO’s stringent registrability criteria, opposing its…
IP Disputes
They can be daunting, demanding, and distracting - taking you away from developing your business and its big ideas. If (or when) you’ve received one, it’s crucial not to panic, but be prepared to respond promptly and carefully to avoid further legal complications. Your next steps are crucial. Step 1. Do not ignore the letter…
IP Commercialisation
One of the most effective ways to leverage IP for expansion is through franchising. This business model allows companies to scale rapidly by replicating their brand and operations across various locations. This can be a successful business model for a range of different industries, including: food and drink outlets, convenience stores, services businesses, real estate…
General
As you embark on a journey to safeguard your creativity, registered design rights are your invisible shield in the bustling marketplace. They serve as a fortress, protecting the unique visual attributes of your products—from their shape to patterns. While you cross these legal waters, the prowess of Virtuoso Legal becomes your beacon of expertise. With…
General
UK Unregistered Design Rights provide automatic protection for the shape and configuration of original designs, offering a safeguard against copying without the need for formal registration. This is in contrast to UK registered design rights, which come with a certificate of entitlement. While this protection is instantly available, understanding its nuances and limitations requires expertise.…
General
Before looking at patent infringement, it is important to look at what a patent is. Outside the arena of experts this is a poorly understood area of law, so it is important to obtain expert advice. At Virtuoso Legal, we're proud to offer our help and expertise. What is a Patent? Patents are legal rights,…
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 sewing…
Brand protection
Definition and Overview In short, "passing off" is a common law legal right of action which you can pursue if someone deliberately or even unintentionally misrepresents, or passes off, their goods or services as belonging to your organisation. A right to take legal action arises where such misrepresentation damages the goodwill in your mark or…
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…
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…
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…
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…
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 a…
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 cost-effective…
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…
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…
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…
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 property…
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…
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…
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…
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…
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 for…
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. In…
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 trade mark is a crucial asset that helps protect your brand from being copied or imitated. However, despite your best efforts,…
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…
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…
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…
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 trade mark symbols and how they can help protect your intellectual property. Some symbols legally require a registered trade mark to use,…
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…
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…
Brand protection
Photo by Belinda Fewings on Unsplash Words by Dr Martin Douglas Hendry Introduction A trade mark is a symbol, word, or phrase that distinguishes a particular brand, product, or service from others in the market. Registering a trade mark can prevent other businesses from using similar marks that could confuse customers. In the UK,…
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 process…
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 the…
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, we…
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 the…
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 loyal…
IP Disputes
Photo by James Coleman on Unsplash Words by Dr Martin Douglas Hendry Trade mark opposition is a process that allows third parties to challenge the registration of a trade mark. In the UK, if someone believes that a trade mark that has been applied for is similar to one that they already own or…
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 mark…
IP Disputes
Photo by Erik Mclean on Unsplash Words by Dr Martin Douglas Hendry What is a trade mark? A trade mark 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, trade marks are governed by the Trade Marks Act…
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 trade mark disputes, which can be costly and time-consuming to resolve. In this blog post, we will provide…
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 in…
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 innovation…
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 ensuring…
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 innovation…
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 maintaining…
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) law…
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 in…
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 (IP)…
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 ideas…
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. In…
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 value…
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 of…
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 trade mark disputes, which can be costly and time-consuming to resolve. In this blog post, we will provide…
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 ideas…
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 for…
General
Photo by Wilhelm Gunkel on Unsplash Words by Dr Martin Douglas Hendry Introduction Trade marks, 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 trade mark is…
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 for…
Brand protection
Photo by Bernard Hermant on Unsplash Words by Dr Martin Douglas Hendry Trade mark registration is an important step for any business, large or small. A trade mark 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…
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…
IP Disputes
Photo by GR Stocks on Unsplash Words by Dr Martin Douglas Hendry Introduction Trade mark 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…
IP Disputes
Photo by Gary Bendig on Unsplash Words by Dr Martin Douglas Hendry Introduction A trade mark 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. Trade marks are important because they allow consumers to know what…
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 service,…
Brand protection
Photo by Marten Newhall on Unsplash Words by Hallam Whitehead Want to be sure that the brand you're looking to secure will be successfully registered as a trade mark, and that it will function as a strong basis for your business' identity? Contact our team to discuss how we can help you with a…
Brand protection
Photo by Milos Lopusina on Unsplash By Cameron Ward Introduction The process of registering a trade mark (spelt “trade mark” in the United Kingdom) includes two main phases. The first of these is the examination, where a trade mark examiner reviews the trade mark to see whether it can be registered as a…
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 NFT technology…
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…
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 trade mark their business name to protect it. In the guide below we provide…
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 are…
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 create…
Brand protection
Words by Dr. Martin Douglas Hendry How much does it cost to file a trade mark application? So, you are looking to file a trade mark (or as we say in the US "trademark") - congratulations! Registering a trade mark is not free and there are a number of factors that influence how much…
Brand protection
Photo by Pablo Gentile on Unsplash Words by Dr. Martin Douglas Hendry GUIDE: How to trade mark a name in the UK So you are looking to trade mark your name in the UK - congratulations! A trade mark (spelt "trademark" in the US) is a registered intellectual property right that protects your…
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. What is…
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. For…
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 way.…
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 equipment…
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. Registering…
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, from…
Brand protection
Photo by Victória Kubiaki on Unsplash Words by Todd Bateman The function of trade marks Trade marks (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 trade marks are able…
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. Equally,…
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 from…
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 claim, should…
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 and…
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!…
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 like…
Brand protection
Photo by Denny Müller on Unsplash Words by Dr Martin Douglas Hendry All about registered trade marks Registered trade marks protect signs that perform the function of identifying the source of a business's goods or services, distinguishing them from 3rd parties. A trade mark also only protects goods and services within certain classifications, which have…
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 criminal…
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 - resulting…
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 as eligible for patent protection and related provisions change from country to country because of differences in national conventions. Your invention must meet specific conditions in order to…
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. Is…
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 general…
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…
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…
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…
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 takes…
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 aware…
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…
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 to…
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…
IP Disputes
Copyright law is the backbone to free creativity in the digital age, serving as a guide to ideas and innovation and it maintains equitable standards in the way we interact with literature, music, and technology. It serves as a key balance between creator rights and public access to their works. Video Explainer: Copyright infringement …
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…
Brand protection
Photo by Javardh on Unsplash What is a trade mark? To understand what a trade mark 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…
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.)…
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…
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 trade mark hashtags to ensure they maintain control! (Although, actually doing this is another thing entirely…) So, trade marking a hashtag…
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…
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…
IP Disputes
What is a Registered Trade Mark? Trade marks tell people: Where marked goods or services have come from (i.e. as a "designation of origin"). Trademark infringement can arise where the trade mark is used goods or services are similar or identical but are actually from another supplier. The quality expected of the goods and…
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 creators…
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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