Intellectual property in the UK

Intellectual Property in the UK - Legal Aid

If you are considering setting up a business in the UK, you should consider some or all of the following types of intellectual property.

The main types of intellectual property rights (IP) in the UK

• Trademarks, both registered and unregistered;
• Patents;
• Registered and unregistered samples;
• Copyright;
• Trade secrets.

If you are setting up a business in the UK, it may be worth considering these types of rights, at least to extend your protection to other territories.

Trademarks

Unregistered rights: In the UK, unregistered rights in a brand can arise over time as it develops a reputation, allowing the owner to take action against the use of similar brands by third parties. However, this option has its drawbacks, in particular due to the uncertainty and difficulty of proving rights.

Registered rights: If you are launching a product in the UK, it is important to register your brands as trademarks. This will give you both an asset and clearer enforcement rights if needed.

Territory: Trademark protection is territorial in nature, so applications must be filed in each country of interest. For example, rights registered in Japan or the US do not automatically extend to the UK.

Checks: Before launching a product or applying for UK trade mark registration, it is recommended that you carry out research to identify possible previous rights holders who may challenge your application or to check whether you will be infringing copyright , using your brand.

Classes: When applying to register a trade mark in the UK, you should specify the goods and services for which you plan to use the mark, divided into 45 classes according to the Nice Classification. The registration fee depends on the class. The Intellectual Property Office (IPO) of Great Britain accepts a wider list of goods and services than in the United States, so it is better to seek the help of a specialist.

Application Process: Once an application is submitted, the IPO will review it for eligibility and search for pre-existing rights. If there are no problems, the application will be published, and if there are no objections, it will go to the registration stage. The process usually takes four to six months.

Duration of registration: UK registration can be renewed every 10 years for a fee and can be valid indefinitely if used and continued.

Priority: After filing an initial trademark application in any territory, you can save the filing date for later foreign applications if they are filed within six months. This allows you to reduce costs and evaluate the process of receiving the initial application.

Marking: The ® symbol should only be used after receiving a valid registration. The TM symbol can be used on products, packaging and websites before or during application submission.

Other registrations: In the UK, registering a company name or domain name does not give you rights to prevent others from using your trademark, so it is important to pay attention to intellectual property protection when launching a product.

Patents

What is protected

Patents can cover inventions that have not yet entered the public domain. It is important to keep inventions confidential and only disclose them under a Non-Disclosure Agreement to maintain patentability.

Registration requirements: In order to receive patent protection, an invention must be new and have a practical application, not just an obvious modification of an existing one. The invention must not be made public before the patent application is filed.

Territorial principle: As in the case of trademarks, patent protection operates according to the territorial principle.

Infringement: Before launching an invention in the UK it is important to carry out research for possible infringement. This is true even if you have already launched a product in another country or have a patent registered elsewhere, as there may be different patents in the UK that may affect your invention.

Time limits: Unlike trademark protection, there is a limited time limit for choosing the countries in which you want to apply for a patent. That is, if you already have a patent in one country, you may not be able to patent the same invention in the UK. It is recommended to seek advice from specialists on this issue.

Industrial samples

An industrial design can provide protection for the appearance, shape, configuration or decoration of a product or part thereof. To obtain protection, the design must be new and create a general impression different from any previous design presented on the market. Before submitting an application for registration, the sample must not be made public.

Unregistered rights: In the UK, unregistered design rights arise automatically for certain shapes and configurations of (3D) designs. However, such rights provide less protection than registered rights and have a limited validity period (10 years after first sale or 15 years after creation).

Registered designs: Designs can be registered through the UK IPO. It is recommended that you do your research before launching a product or applying for registration. Once registered, designs can be renewed (subject to payment of a renewal fee) every five years up to a maximum term of 25 years.

Copyright

Copyright can provide protection for original literary, dramatic, musical and artistic works, as well as software, databases and audiovisual recordings.

Unregistered rights: Unlike trade marks, designs and patents, copyright in the UK is not currently registrable (so there is no central register and no registration fee). Copyright arises automatically as soon as certain conditions are met, in particular, the work must be written or fixed.

Marking: It is recommended to mark the original work with the copyright symbol ©, the name of the author or creator, and the date of creation to inform third parties that the work is copyrighted and that its owner can be identified.

International protection: The UK is a signatory to various international copyright treaties which enable it to protect copyrights protected in other countries which are also party to the treaties. If you are a copyright owner outside the UK, such agreements may also provide automatic protection in the UK.

Trade secret

Trade secrets can protect commercial information such as technologies, methods, and customer lists. There is no special registry for this. In the UK, trade secrets can be protected under the general right of confidentiality, which requires information to be kept confidential and disclosed only to those who have signed a non-disclosure agreement.

Cooperation with legal marketplace 'Consultant'

Our team of intellectual property experts has extensive experience, recognized at the national and international levels, and possesses extensive technical, scientific and commercial knowledge.

Specialists of the legal marketplace "Consultant" are ready to provide advice on intellectual property issues in Great Britain and accompany you in the application process.

We invite you to cooperate with leading specialists

If you need help, contact our specialists. We work with leading lawyers who specialize in protecting your rights and are ready to provide professional support at all stages of resolving your case. Contact us today for help from experienced professionals!

Call +447418377298 for a quick and qualified consultation.