Intellectual Property (IP) refers to creations of the mind, which can be protected and exploited in similar ways to physical property.
The creations of architects, writers, designers and software makers… Unique visual designs, inventions, products and processes… The way products look or feel… The names, signs, symbols or slogans that make products, services and businesses distinctive…. These things are valuable to their owners, and they have a right to protect them. These things are IP.
In many ways protecting IP is a moral imperative. Others should not be allowed to freely copy or steal your ideas and creations without your consent or compensation. But protecting IP is also a commercial imperative. By protecting IP you can protect your interests, establish a competitive advantage and maximise your success and profitability. And like physical property, IP can be exchanged, traded, licensed or sold, offering the potential for further value to be realised from the creative process.
A framework of regulations exist in the UK that seek to protect the interests of IP owners. The regulations fall broadly into four main types of IP: patents, trade marks, copyrights and designs.
• Patents protect new inventions, giving the owner the right to prevent others from making, using, importing or selling an invention without permission. An invention must be new or inventive, and must be capable of being made or used in industry.
• Trade marks grant protection of a sign or symbol - including names, logos, slogans, domain names, shapes, colours or sounds - that are distinctive and that distinguish a business’s goods or services from those of competitors.
• Copyright protects creative or artistic works from being copied or used without permission. Works are automatically protected by copyright as soon as the work is ‘fixed’. This could mean when the work is written down, recorded, published on the Internet or stored electronically. There is no application process or fee for copyright, but owners may need to provide proof of copyright in the case of a dispute.
• Design protection focuses on the appearance of an item resulting from its features or the way it looks, rather than on how it works. Characteristics such as an item’s colour(s), shape, texture, material composition, contours and lines may contribute to a product’s appearance. There are several different forms of protection for designs available in the UK, all of which require that a design must be both new and individual in character.
There may be additional requirements and steps to take when registering different types of protection. In some cases (as with patents) it may be necessary to seek professional or legal guidance. It is also important to remember that IP rights are territorial. In other words, some types of IP protection are only valid in the countries where they are granted or registered. Even if you don’t trade abroad, it may be important to protect your IP from being stolen or used in other countries.
For more information, select from the following resources:
Guide - Protecting intellectual property
Guide - Intellectual property protection overseas
Interactive Tool - Find out how to protect your ideas
More info - Other IP resources
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