Partner Article

Protecting your Intellectual Property as a business

It is a common notion that all businesses need to protect their intellectual property such as copyrights, trademarks, patents and designs. The need to protect your IP has never been more crucial with a quarter of UK small businesses being violated within the last five years. The survey conducted by the Federation of Small Business showed that 25% of SMEs are struggling to protect their IP and have been victims of violation or wrongdoing within the past five years. It is often a common error that IP protection is just for large businesses or corporations. This however is not the case. Protecting your businesses intellectual property doesn’t have to be expensive, however it is vital for all businesses not matter their size.

As an SME, how do I protect my intellectual property?

The main IP rights are trademarks and brands, copyright, design rights, confidential information and patents. A company’s trademark is usually in the form of a name, logo or strap line. Registering your trademark will ensure that it is exclusive to your brand. Applying for a trademark can be done via the Intellectual Property Office and is both simple and straightforward to register. In order to register your trade mark correctly, you will need to ensure that it is distinctive, as a trademark which simply describes what a business does will not be acceptable.

Your businesses copyright will cover the graphical elements of your brand. This includes website content, materials and layouts as well as user interfaces and software code. However it is important to note that copyright cannot be registered in the UK and will automatically come into effect once an original piece of work is created. In addition to this and for added security, businesses should use a © symbol to assert their copyright.

Not covered by copyright are the aesthetic and visual qualities for shapes and 3D designs which are covered by your design rights. Applying for design rights is relatively cost effective.

Patent protection, protects an underlying idea or concept which has some practical use. Protecting it will allow you to take legal action against anyone who makes, uses, sells or imports your idea/concept without your permission. You can also apply for this via the Intellectual Property Office.

Finally, protecting your confidential information is key. This can be achieved via a non-disclosure agreement (NDA). However, businesses must be aware that an NDA is difficult to enforce if a third party decides to use or take your concept or idea once the information is the public domain.

At MTA Solicitors our team of intellectual property right solicitors can assist you with protecting your businesses copyright, patents, trademarks and designs. Our solicitors can also help with drafting your intellectual property documents as well as non-disclosure agreements to ensure that your business is legally protected should a dispute or issue ever arise.

To find out more about how MTA Solicitors can help you with your intellectual property rights simply visit us online or call us on 0208 313 7804 today!

This was posted in Bdaily's Members' News section by MTA Solicitors LLP .