Intellectual Property Services: Protection and Ownership of Intellectual Property is extremely important since it gives the owner the exclusive right to prevent the unauthorised use or exploitation of IP, so that in the same way, you can own a piece of land and prevent other people from using it, building on it etc, in the same way, you can own the copyright in a book or software and prevent unauthorised use or grant licences for use upon receipt by you of royalties.

What is Intellectual property: 

Intellectual Property is a term referring to a number of distinct types of rights over creations of the mind. Intellectual Property rights comprise registered and unregistered rights. Registered rights such as patents, registered designs and trademarks offer exclusive rights to their owners. Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets.

Intellectual property rights protect also a Website both in relation to content (text, images, video and audio) and in relation to technical infrastructure, software and other support. In fact, a Website is protected by the following Intellectual Property rights.

Copyright

• Ensure that works comprising the website (or used in its operation or which are provided through it), which must be original in order to attract copyright protection, can be shown to have been created as a result of the application of skill and effort.
• Keep accurate records of when and by whom works were created, as this provides evidence which may be needed in the event of any infringement action.
• Remember that consultants, freelancers and subcontractors own the copyright in the works they create for you unless you have a contract with them assigning the ownership to you.
• Include in a prominent place copyright notices on the website for the website, stating the name of the owner (or owners) and the first year of publication (for example, "© ABC Ltd 2010"), they act as warnings to potential infringers and put them on notice of the owner's rights.
• Use your terms of use of website to include clear restrictions on use and copying on the site and do not be afraid to pursue your rights against infringers.

Databases

• Create new databases with intellectual creativity.
• Keep the database up-to-date to re-start the term of protection.
• Comply with all obligations under any local data protection laws in the event the database contains any personal information.
• Be vigilant about enforcement.
• Put suspected infringers on notice of rights as soon as possible.

Design rights

Design rights can be unregistered, in which case they are treated very much as copyright or registered designs.

In the event of registered designs 

• Keep designs confidential prior to registration so as not to destroy novelty.
• Mark goods, packaging and documentation with the design registration number and the words "registered design", or "design right" and the name of the design right owner and year of first marketing, as this serves as a warning to would-be infringers.
• Review and consider further registrations as the business grows and changes.

Trade Marks

• Adopt marks that are not usually associated with the goods or services you sell.
• Before applying for a trade mark carry out a trade mark clearance and internet search to ensure that your proposed mark is not already used by another company.  
• Seek registrations for trademarks in all (major) jurisdictions in which the website owner or its licensees carry on or intend to carry on business. Include trade mark notices next to the relevant trade marks (® for registered trademarks and ™ for unregistered trade marks).
• Do not use third party trademarks, logos, names on the website unless you have a licence to do so.
• Do not be afraid to take action against an infringer but be careful not to make unjustified threats.

Patents

• Where possible seek patents for website content in all jurisdictions where the website owner or its licensees carry on (or intend to carry on) business.
• Patent protection is stronger than the protection available under the laws of copyright and a good patent portfolio can increase the market value of and opportunities for investment in a company considerably.
• Keep any information about patentable subject matter secret and confidential before the necessary applications are submitted to the relevant patent office(s), in order to comply with the requirement that a patent must be "new" and not in the public domain.
• Maximise the value of patents by selling the patented product or performing the patented process or licensing others to do so.
• Carry out regular audits of patent portfolios to ensure that your portfolio is up-to-date and relevant to your business.

We can help you by:

• Acquiring, Protecting and Exploiting Intellectual Property Rights, including Patent Licensing and Assignment, Copyright Licensing and Assignment, Trade Mark Licensing and Assignment and Co-existence Agreements;
• Know-How Transfer and Collaboration Agreements;
• Merchandising, Sponsorship and Endorsement Agreements;
• Licence of Brands and Names;
• Reputation Management;
• Publishing Agreements including Production, Actors, Models Agreements, Image Releases;
• Media Rights including for Design and Copyright Agreements;
• Advertising, Marketing and PR Agreements;
• Technology Procurement Agreements;
• Audit and Management of IP Rights.

Call us now on +(0)7788 726446 or email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it  to claim your FREE Intellectual Property Report and to find out more about this and our Unique Subscription Services!