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Intellectual property is anything you've created with your own ingenuity. Every business has some intellectual property, even if it's just your name and logo. There are specific steps you must take in order to protect your intellectual property, copyright (written and artistic content), trademark (logos and slogans), or patent (inventions). It's always better to get help with this, you can find out why by clicking here.
Patents:
Novel inventions which involve an inventive step can be protected by a patent. These last for up to 20 years (subject to annual renewal), throughout the UK. Patent protection gives the inventor the right to prevent others from: making, using, importing or selling an invention without permission. Strict rules apply to what can (and can’t) be patented. For instance, you must not publicly reveal your invention before you apply for your patent.
Registered Design Right:
In order to protect how a product looks (as opposed to how it works) it is necessary to register the design. A registered design will protect the: lines, contours, colours, shape, texture and materials of the product or its ornamentation. In order to be validly registered, the design must be new and have individual character (so that it would not remind an informed person of an existing design). A registered design has protection throughout the UK for 5 years. It can then be renewed every 5 years for up to 25 years. In order to protect the design in other countries, there are two options. Firstly, you can apply for a Registered Community Design with the Office for Harmonisation in the Internal Market (OHIM). Once registered the design then has protection in all countries of the EU.
Secondly, you can apply for registration of the design in the individual countries in which you want protection.
Unregistered Design Right:
An unregistered design right protects any aspect of the shape or configuration of a purely functional 3D product (whether internal or external). The protection lasts for either 10 or 15 years, depending on when the product is first made available for sale or hire. The advantage of an unregistered design right over a registered design right is that it is free and is created automatically when you create an original design. However, the 2-dimensional aspects (for example patterns) of the design are not protected and these would need to be registered. A design right will only give you IP protection in the UK. There is, however, a Community unregistered design right. This (like UK and Community registered design right) protects new designs with individual character. In the EU protection lasts for 3 years from disclosure of a product incorporating the design to the public.
Copyright:
Copyright is a property right which subsists in original: literary, dramatic, musical and artistic works, published editions of works, sound recordings (including CDs), films (including videos and DVDs) and broadcasts. Copyright protection is available throughout the UK and much of the world. In the UK, copyright is created automatically and no registration is required in order to obtain copyright protection. Copyright for literary, dramatic, musical or artistic works lasts 70 years. Copyright protection for sound recordings lasts 50 years. Copyright for typographical arrangement lasts for 25 years.
Patents:
Novel inventions which involve an inventive step can be protected by a patent. These last for up to 20 years (subject to annual renewal), throughout the UK. Patent protection gives the inventor the right to prevent others from: making, using, importing or selling an invention without permission. Strict rules apply to what can (and can’t) be patented. For instance, you must not publicly reveal your invention before you apply for your patent.
Registered Design Right:
In order to protect how a product looks (as opposed to how it works) it is necessary to register the design. A registered design will protect the: lines, contours, colours, shape, texture and materials of the product or its ornamentation. In order to be validly registered, the design must be new and have individual character (so that it would not remind an informed person of an existing design). A registered design has protection throughout the UK for 5 years. It can then be renewed every 5 years for up to 25 years. In order to protect the design in other countries, there are two options. Firstly, you can apply for a Registered Community Design with the Office for Harmonisation in the Internal Market (OHIM). Once registered the design then has protection in all countries of the EU.
Secondly, you can apply for registration of the design in the individual countries in which you want protection.
Unregistered Design Right:
An unregistered design right protects any aspect of the shape or configuration of a purely functional 3D product (whether internal or external). The protection lasts for either 10 or 15 years, depending on when the product is first made available for sale or hire. The advantage of an unregistered design right over a registered design right is that it is free and is created automatically when you create an original design. However, the 2-dimensional aspects (for example patterns) of the design are not protected and these would need to be registered. A design right will only give you IP protection in the UK. There is, however, a Community unregistered design right. This (like UK and Community registered design right) protects new designs with individual character. In the EU protection lasts for 3 years from disclosure of a product incorporating the design to the public.
Copyright:
Copyright is a property right which subsists in original: literary, dramatic, musical and artistic works, published editions of works, sound recordings (including CDs), films (including videos and DVDs) and broadcasts. Copyright protection is available throughout the UK and much of the world. In the UK, copyright is created automatically and no registration is required in order to obtain copyright protection. Copyright for literary, dramatic, musical or artistic works lasts 70 years. Copyright protection for sound recordings lasts 50 years. Copyright for typographical arrangement lasts for 25 years.
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All above information provided by Elizabeth Ward of Virtouso Legal.
An industry ranked ‘Leader in her Field’ for the past 8 years; Liz has over 20 years’ experience advising on a wide range of matters in the field of Intellectual Property. Liz has built up an enviable reputation due to her exceptional ability as a knowledgeable litigator, and has been especially praised for her commercial awareness. An expert in the healthcare and technology sectors, Liz has advised all manner of clients in commercialising their IP assets, and her practice has set the gold standard in carrying out company IP audits. |
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Virtouso Legal have been dealing with Intellectual Property cases for a years, here's a video to explain more:
