INTELLECTUAL PROPERTY IP SOLICITOR
An intellectual property solicitor specialises in the law relating to creations of the mind including inventions, literary and artistic works, symbols, names, images and designs used in commerce. The areas of law covered include trademarks, copyright, designs, patents and restrictive covenants and contracts relating to trade secrets and confidential information. Properly protecting or exploiting information technology and intellectual property can dramatically affect the profitability of a business.
Full Service Law Firm
Our lawyers provide legal services which include :
- legal protection and registration of all intellectual property assets
- clear, expert advice on copyright law
- assistance with trademark law registration overseas
- design rights including acquisition, identification and protection
- patent management, licensing and competition issues
- legal action for trademark, copyright, patent and design infringement
- legal action for passing off
- domain name cyber squatting applications
- licensing of products and services
The law relating to trademarks provides protection on brand names and business names. Legally registered trademarks are still vulnerable and registration does not prevent dishonest business from trying to benefit from the work of others. An intellectual property solicitor will take legal action for damages on your behalf for trademark infringement. In cases of urgency legal action can include ex-party applications to a court of law for an emergency injunction in order to protect your assets.
Intellectual Property & Copyright
Copyright law protects intellectual property that can be seen or read, such as written material, photographs, music, films, computer programs, computer games and video productions. This type of intellectual property is automatically under copyright protection from its creation without the need for formal registration but it may be useful to be able to provide proof of when an original work first came into being.
An intellectual property solicitor can provide assistance regarding patent law, which applies to new inventions that involve a new innovation. Once the patent has been registered, inventors have exclusive rights to develop and produce their invention for a period of up to 20 years. An invention should not be made public prior to registering for a patent and the patent protection can be obtained for worldwide protection.
An action for passing off may succeed in court if a competitor attempts to misuse a trademark or name of another firm. The act of passing off occurs when one business tries to take advantage of another business’s reputation.
Businesses often require confidentiality of exclusive information in order to maintain a competitive edge. Confidentiality clauses will be included in contracts of employment and contracts to carry out work for the business which provide protection of confidential business information and can be enforced in a court of law.
Protection of Designs & Patterns
Designs – decorative patterns, distinctive packaging, ornamental goods, etc – can only be registered if they are visual. In order to register a design, it must be kept confidential until after the registration. The Designs Act 2003 provides a streamlined registration system. A design application can be filed containing one design, a single design in relation to many products or multiple designs provided all the designs fall within the same classification class. To be registrable, a design must be new and distinctive. The initial period of registration for a design lasts for 5 years from the date of filing. You may choose to renew your design registration for a further 5 years. If you do not renew your registration it will cease. Your design may be registered for a maximum of 10 years from the date of filing your application.