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 What is Intellectual Property
Intellectual Property (“IP”) indicates the protection of creative ideas and expressions of the human mind that have commercial value. In the same way as human creativity and inventiveness is everywhere, IP is all around us. Every product or service that we use in our daily lives is likely that is the result of a long chain of big or small innovations, such as changes in designs, or improvements that make a product look or function the way it does today.
Take a simple product. For example, a pen. Ladislao Biro’s famous patent on ballpoint pens was in many ways a breakthrough. But, like him, many others have improved the product and its designs and legally protected their improvements through the acquisition of Intellectual Property rights. The trademark on a pen is also intellectual property and it helps the manufacturer to market the product and develop a loyal clientele.
Similarly, If you are using intellectual property that belongs to others, then you should consider buying it or acquiring the rights to use it by taking a license in order to avoid a dispute and consequent expensive litigation. Almost every enterprise has a trade name or one or more trade marks and should consider protecting them. Most small or medium-sized enterprises will have valuable confidential business information, from customers' lists to sales tactics that they may wish to protect. A large number would have developed creative original designs. Some may have invented or improved a product or service.
The main IPR are
IP may assist your enterprise in almost every aspect of your business development and competitive strategy: from product development to product design, from service delivery to marketing and from raising financial resources to exporting or expanding your business abroad through licensing or franchising. In brief,
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IP protects your creative ideas
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IP helps you to improve your business
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IP helps you to turn inventions into profit-making assets
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IP helps you to market your products or services
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IP can be a valuable asset
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IP assets can be used for financing
Trade Mark Registration
Trade marks are used to differentiate the goods and services of one seller from similar goods and services of another. Trade marks are very important because they help build the brand and the value of a company. Trade marks can be a word, a sign, slogans, designs, letters, numerals, internet domain names, shape of goods or packaging, smells, sounds, colours, moving images.
Registration of a trade mark is voluntary. Unregistered trade marks can still be protected under the common law of passing off. Passing off actions are notoriously time-consuming and expensive. The owner of the unregistered trade mark must show that he has accumulated sufficient goodwill and reputation and that the use by the third party will amount to misrepresentation and cause damage.
Registration on the other hand, offers some distinct advantages. For example, the owner of a registered trade mark has the exclusive use of the registered trade mark and has the right to sue for trade mark infringement any person who uses an identical or similar mark without authorisation in relation to the same or similar goods.
The proposed trade mark in order to be registrable must be distinctive and capable of graphic representation and not denoting the kind, quality, quantity or other characteristics of the goods and services. Also the proposed trade mark must not be deceptive, contrary to the public policy and morality, applied in bad faith.
The trade mark must be registered in certain relevant classes. The classes are 45 for goods and services and the relevant classes must be selected.
If registered, the Registration remains in force for an initial period of ten years, whereupon it may be renewed indefinitely for further ten year periods upon payment of renewal fees.
Please also note that:
Registered trade marks may be subject to revocation if not used for a period of 5 years. Also even if application is accepted by the UK Intellectual Property Office, third parties have the right to oppose such application. The timeline from initial application to UK registration varies between 6 and 8 months but if particular problems arise (such as third party opposition) such periods may be extended.
What are the legal requirements and what Information is required from all website operators
E-commerce Regulations:
- The name of the service provider
- The geographical address at which the service provider is established.
- The details of the service provider, including his e-mail address
- If the service provider is a corporate entity, its company registration number or details of any other register in which the service provider is entered, and his registration number (or equivalent means of identification) in that register
- Where the provision of the service is subject to an authorisation scheme, details of the relevant supervisory authority
- If the service provider undertakes an activity that is subject to value added tax, its VAT registration number.
- A provider of online services is required, before the conclusion of a contract, to provide consumers with information, in addition to its e-mail address, which would allow consumers to communicate with it in a direct and effective manner. That information can be a telephone number, or an electronic enquiry template through which a customer can contact the service provider via the internet, and to which the service provider will reply by e-mail. However, the service provider has to supply a non-electronic means of communication where the customer, after first contacting the service provider electronically, finds himself without access to the electronic network and requested a non-electronic means of communication.
Information required from companies and which must be displayed on the website
Companies’ (Trading Disclosures) Regulations 2008:
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The company's registered name
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The territory where the company is registered
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Its registered number
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The address of its registered office
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In the case of a limited company exempt from the obligation to use the word “limited” as part of its registered name under section 60 of the Companies Act 2006, the fact that it is a limited company
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In the case of a community interest company which is not a public company, the fact that it is a limited company
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In the case of an investment company (as defined in section 266 of the Companies Act 2006), the fact that it is such a company
If a company discloses the amount of share capital on its websites, that disclosure must be to paid up share capital A company that is being wound up, must include a statement on all of the company's websites that the company is being wound up
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