Intellectual Property Law is all about the protection of rights granted to the creators and owners of works including brand identity, creations, inventions and Information Technology software. The works can be in industrial, scientific, literary or artistic areas. If businesses or individuals do not protect their Intellectual Property Rights or "IPR" they will easily fall into the public domain resulting in the potential value in exploiting such items being diminished or lost. However, if the appropriate steps are taken at the correct time then the IPR can be protected.
IPR can be embodied within a surprisingly diverse range of items, such as:-
- brands and logos;
- artistic works such as photographs, music, films, literary pieces, pieces of art and graphic works;
- databases;
- coding for computer and other Information Technology programs;
- scientific and technical processes;
- the ‘get-up’ of products including their packaging; and
- confidential information.
Some protection afforded through IPR is granted by the law without a business or an individual needing to actively do anything, in other cases a registration process must be followed in order for adequate protection to be afforded. Artistic works, databases, product ‘get-up’ and confidential information can be protected automatically by certain pieces of legislation. However, other items such as brands and logos, coding for computer programs and processes are best protected through Registered Trade Marks or Patents, both of which require a registration process to be undertaken.
Once the correct safeguards are in place, it is possible to buy, sell, franchise, license and otherwise exploit IPR, and to also protect a business or indeed an individual against others copying, exploiting, stealing or misusing protected branding, creations and ideas with the law being there in support.
At Franklins Solicitors LLP, our Business Services and Litigation teams work closely together to advise both businesses and individuals on all aspects of the protection and enforcement that can be afforded to their branding, creations and ideas from both non-litigious and litigious perspectives. In addition, the Firm’s Business Services team can offer sound commercial advice as to the various methods of exploiting IPR; including agency, distribution, sponsorship, franchising and other licensing arrangements. As such, the Firm is well placed to provide strategic advice as to the availability of Intellectual Property protection and then how to identify and manage potential infringement.
