Every business will have its own name, get-up and products which it is trying to promote to its customers and clients. For some they are fundamental to their business and will be fiercely promoted and protected.
For example, Coca-Cola has a product formula, get-up, branding, and trademarks which are recognised throughout the world and will be defended as far as possible. And everybody knows Coca-Cola will do this.
The same applies to much smaller businesses though. The sole trader in the High Street will still be selling their own products under their own name, and perhaps a brand, and will object strongly to any competitor moving into the area and unfairly competing by selling the same products under the same name and brand.
The law has recognised for a long time the need for business people to be able to compete fairly and it has also recognised the importance placed upon the name, branding and goodwill of any business. Indeed, recently, the importance placed upon goodwill and brands has increased.
Lawyers refer to these rights collectively as "Intellectual Property”. This can be divided into -
- Patents. These are rights of a technical nature which are publically recorded at the Intellectual Property Office (IPO). This is a "deal” between the state and the citizen. The state wishes knowledge to be made available for the public good. In return, it guarantees to the citizen that if it makes its knowledge available to the public good, then that knowledge will be protected by the state.
- Registered Designs. This is a right in the design around a product or an object. For example, a "Jiff” bottle or perhaps the squeezing mechanism which forms part of a cleaning product. It may function in the same way as its competitors, but the product has a unique design, look and feel which again is publically recorded.
- Trademark. A mark or get-up which is publically recorded at the IPO, or other relevant regulatory body in any jurisdiction, and which protects a particular mark or get-up from being used by its competitors in particular areas or classes.
- Copyright. There is no public register of copyright. Copyright does not protect an idea but rather the expression of an idea through original literary, dramatic, musical or artistic works and which are recorded in some way. It can also relate to sound recordings, films or broadcasts and the typographical arrangements of public published editions.
We will work with you to understand the different forms of Intellectual Property which you may have within your business. We will try and understand with you how important they are to the future of your business and therefore what needs to be done to protect them. We have found many clients value simply understanding what Intellectual Property they have and what can be done in a relevant and effective way to protect them against abuse.
The advent of the Worldwide Web has heightened awareness of the importance of Intellectual Property. We can help you to understand and explain these important issues to you. We can help you protect your Intellectual Property through ensuring correct registration. If you are buying or selling a business we can help you to make sure that you have acquired or disposed of all the Intellectual Property Rights which you intended.
Intellectual Property is a fundamental part of the modern business and if you do not protect it correctly then you risk failing to capitalise on its value at best, or losing your rights altogether, at worst.
For a free initial discussion about IPR in your business all you have to do is contact us now. As we say, we are always there for businesses who are in our BLUE LAW scheme, so we invite you to join BLUE LAW now. Once you have joined, we try to answer any legal enquiries that you have, free of charge. If legal work is needed, we give you a price, and you are then free to "shop around". If you wish to speak to us now, please click on "Please Contact Me Now” or call us on 0800 084 3256. We look forward to always being there for you.
