The World Intellectual Property Organization describes intellectual property (IP) as ‘creations of the mind’ such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, copyright, patents and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.
IP and IP rights are valuable and of real importance to most businesses. In many cases the innovative ideas of a business are its principal assets. Proof of ownership of those ideas, and the ability to protect, enforce and exploit them, will often underpin the future success of the business.
Our IP practice advises on all aspects of IP and IP rights.
We advise on:
- IP rights protection for copyright, trademarks, designs and business information.
- IP related agreements including copyright and trademark licensing, assignments and confidentiality agreements (NDAs).
- Transactions including advising on M&A, disposals and joint ventures where IP is integral to the transaction.
- Disputes, infringements and enforcement relating to trademarks, passing off, copyright, database rights, design rights and breach of confidence claims.
By way of example, we recently dealt with the opposition of similar trademark applications in two cases.
In the first case, we identified a new trademark application as potentially conflicting with our well known corporate client’s main trademark due to it being made in similar classes to our client’s UK and EU trademark registrations. The application was, therefore, opposed by us and an opposition filed to protect our client’s position. We negotiated an amicable resolution with the applicants via a co-existence agreement.
In the second case, we again identified a new trademark application as potentially conflicting with our client’s trademark due to it being made in similar classes to our client’s UK and EU trademark registrations. We, therefore, opposed this application given the likelihood of confusion and that unfair advantage might be taken of the reputation in our client’s highly regarded and long established name. A statutory submission was filed to support our opposition. As a result of this action, the proposed new trademark application was withdrawn by the applicant and costs were awarded in our client’s favour.
IP law is ever evolving as ideas, knowledge and information become more valuable to businesses. We can help you keep up with changes and stay ahead of the game ensuring value is attached appropriately to your IP.