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Knowledge

“A good decision is based on knowledge and not on numbers” – Plato

If you are a solicitor, in-house professional or business director who is familiar with intellectual property – please review cutting-edge insight and opinion authored by our team of specialists.

In this section you will find the latest case law in IP summarised and reviewed for its impact on your business and the field of law.

If you are dipping your toes in the water and want to know a bit more about IP, take a look at our frequently asked questions section. Here the most common questions posed to our specialist team are explained in a non-technical straightforward way.

Insight and Opinion

By Virtuoso Legal

18/08/22

Photo by Richard Horvath on Unsplash   By Kostas Retzopoulos Disclaimer: This insight should not be construed as legal advice on any specific facts. The contents are intended for general informational purposes only. You are urged to consult your own solicitor on any specific legal questions you may have.     Introduction   In October…

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By Virtuoso Legal

10/08/22

Photo by Alvaro Reyes on Unsplash By Christos Sakellaropoulos Disclaimer: This insight should not be construed as legal advice on any specific facts. The contents are intended for general informational purposes only. You are urged to consult your own solicitor on any specific legal questions you may have.   Introduction   Video games encompass complex…

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By Virtuoso Legal

24/01/22

Photo by Nadine Shaabana on Unsplash By Daniel Eid and Cameron Ward Disclaimer: This insight should not be construed as legal advice on any specific facts. The contents are intended for general informational purposes only. You are urged to consult your own solicitor on any specific legal questions you may have.   Introduction   Patents…

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Certain burning questions come up again and again in IP. For those looking to get a handle on what it’s all about, take a look at our FAQs below.

Frequently Asked Questions

New to IP? Need some help understanding the terms and practices? Look no further — below you will find some frequently asked questions with detailed information on each topic.

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…

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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…

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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…

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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…

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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…

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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.…

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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,…

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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…

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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…

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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 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 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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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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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…

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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 cost-effective…

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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 property…

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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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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 for…

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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. In…

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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 trade mark 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 trade mark 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 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,…

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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 process…

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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 the…

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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, we…

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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 the…

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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 loyal…

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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…

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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 mark…

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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…

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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 trade mark 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 in…

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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 innovation…

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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 ensuring…

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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 innovation…

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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 maintaining…

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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) law…

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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 in…

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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 (IP)…

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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 ideas…

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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. In…

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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 value…

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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 of…

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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 trade mark 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 ideas…

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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 for…

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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…

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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 for…

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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…

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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 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…

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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…

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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 service,…

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Brand protection

Photo by Marten Newhall on Unsplash Words by Hallam Whitehead   Get in Touch   Introduction When registering a trade mark (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…

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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…

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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 NFT technology…

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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 trade mark their business name to protect it. In the guide below we provide…

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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 are…

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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 create…

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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…

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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…

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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.   What is…

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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. For…

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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 way.…

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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 equipment…

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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. Registering…

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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, from…

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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…

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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. Equally,…

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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 from…

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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 claim, should…

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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 and…

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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 like…

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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…

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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 criminal…

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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 - resulting…

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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 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…

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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. Is…

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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 general…

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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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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 takes…

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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 aware…

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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 to…

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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

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  …

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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 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…

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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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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 trade mark hashtags to ensure they maintain control! (Although, actually doing this is another thing entirely…) So, trade marking a hashtag…

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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 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 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…

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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 creators…

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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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