Managing Intellectual Property

Intellectual Property Protection

Remedies for Infringement of Intellectual Property Rights
A broad array of remedies are available for infringement of intellectual property rights, which include damages, injunctions, orders for delivery up and destruction of infringing articles.

Choosing Business Names

Trade Marks

Registering your Logo – Obtaining Intellectual Property Protection
Trade mark registration grants owners of logos monopoly rights to use the logo in business

Asset Management

Contract Terms

Managing Intellectual Property Rights and Contract Law
Intellectual property rights are properly managed by commercial contracts, which set out the terms and conditions upon which rights may be used

Software Protection

Intellectual Property Protection

Software Protection
This article gives the low-down on protection of software under English law.

Intellectual Property Rights

Intellectual Property Protection

Managing Intellectual Property Audits
Management of a portfolio of intellectual property by an audit requires a commercial eye for the industry within which a company trades and a knowledge of intellectual property rights.

Intellectual Property Rights

Trade Marks

Managing Intellectual Property: the Benefits of Trade Mark Licensing
A look at the legal basis upon which licensing trade mark rights may create additional revenue streams.

Managing Intellectual Property

Patent Protection

Employees´ Rights to Compensation for contributions to Patented Inventions
Where the invention is of ′outstanding benefit′ to an employer, the employee becomes entitled to a fair share of the benefit.

Intellectual Property Rights

Copyright

Copyright Protection in the UK
An overview of the types of works protected by copyright, and a synopsis of what copyright protects, and what it does not.

Asset Management

Trade Marks

Use of Competitors? Trade Marks and Comparative Advertising in the United Kingdom and Europe
Ordinarily use of competitors’ trade marks amounts to a trade mark infringement and/or passing off. However the Trade Marks Act 1994 and European legislations legitimise use of competitors’ trade marks provided that the use takes place in a particular way, and certain tests are satisfied.

Brand Protection

Trade Marks

Maintaining Registered Trade Mark Rights in the UK
Once registration has been obtained for a trademark, the grant of intellectual property rights is not unconditionally perpetual.

IP Ownership

Intellectual Property Protection

Protecting Goodwill and Reputation of a Business in the UK: The Law of Passing Off
Passing off may be used for protection of trade reputation under UK law.

Intellectual Property Rights

Copyright

Briefing Note - Copyright Infringement in Images & Photographs and Infringement
The House of Lords decision of Designers Guild clarifies the test for copyright infringement in the UK.

Infringement

Damages & Compensation

Awards of Compensation for Intellectual Property Infringement: Damages in Copyright Cases
The rise and rise of intellectual property rights has seen the rise of claims by business dealing in photographs, software and films and music making claims against small and medium sized enterprises for copyright infringement. There is no innocence defence available infringing business; the issue quickly becomes one of the sum of compensation – or damage - that is to be paid.

Intellectual Property Rights

Trade Marks

Blimey - Was FCUK Lawful?
An analysis of the reasoning in reaching the decision that FCUK was lawful in the United Kingdom.

Designs Protection

Copyright

Typefaces, Fonts and Characters - Intellectual Property Protection in the United Kingdom
Electronic fonts and typefaces may be protected by copyright law in the United Kingdom. Industrially applied typefaces may be protected as registered designs

Business Secrets

Confidential Information

Whistleblowers and Disclosure of Confidential Information
The public interest defence is available to whistleblowers for protection where the public interest outweighs the interest of the person wanting to maintain the confidentiality of the information.

Designs Protection

Intellectual Property Protection

Briefing note - Registered Designs, Excluded Subject Matter and Infringement
A short summary of the subject matter of designs not able to be registered as designs under the Designs Act UK, when design rights are lost and rights to claim infringement of a design.

IP Ownership

Intellectual Property Protection

Briefing Note - Ownership and Incidents of Ownership of Designs
The law determining the ownership of designs is similar to the law of copyright. The designer is the first owner of the design unless they are employed.

Designs Protection

Intellectual Property Protection

Briefing Note - Overview of Community Designs Protection
A synopsis of registered design rights and the scope of protection within the UK and Europe

Managing Intellectual Property

Patent Protection

Patent Law - Methods Already Employed in Practice Cannot Be Inventive Steps
The Privy Council make a ruling on the meaning of obviousness in under the Patents Act and the meaning of inventive step.

Managing Intellectual Property

Copyright

Briefing Note: Contracts for Packaged Software Licences Agreements and Checklists
Our IT lawyers consider some of the key issues in packaged software licence agreements, and some general issues in software licences - software that has not been built to the specification of any customer.

Intellectual Property Rights

Patent Protection

Prior Patent Valid In Spite of Error
A consideration the House of Lords ruling that a mistake in a Patent Application does not necessarily prevent an inventor from securing their intellectual property rights.

Outsourcing & Procurement

Contract Negotiation

User Documentation & Escrow Agreements – Software Licence Agreements and Software Development Contracts - Part 7
In this article we consider the options for escrow agreement, and when they are appropriate in software development agreement and user documentation requirements.

Contract Management

Contract Terms

Improvements and Upgrades - Software License Agreements - Part 5
In this fifth part of the series, we consider contract terms catering for improvements and upgrades to licensed software.

Contract Management

Contract Terms

Payment for Licences - Software License Agreements - Part 4
In this fourth in the series on software licensing, we consider some options for payment of licences in software development contracts & agreements.

Intellectual Property Rights

Contract Terms

IPR Indemnities - Software Licenses - Part 3
In this third article in the series, our solicitors consider IPR indemnities in the context of software licences.

Contract Management

Contract Terms

Terms of Licence - Software Licence and Development Agreements - Part 2
In this second in the series, our software solicitors consider the flexibility of intellectual property rights & copyright licensing.

Licensing

Intellectual Property Protection

Software License and Development Contracts - Part 1
In this first article in the series, we consider the fundamental differences between software licence agreements and software development contracts.

Managing Intellectual Property

Confidential Information

Briefing Note - Confidential Information and Public Disclosure
Information ceases to maintain the requisite character of confidentiality once it has been placed in the public domain...

Intellectual Property Rights

Patent Protection

Patent Infringement & Protection - Defences and the Remedies
A brief consideration of the defences to claims and disputes, and the remedies available under UK patent law.

Brand Protection

Trade Marks

The Community Trade Mark - Is it Worth it?
A synopsis of the Community Trade Mark and the breadth of protection.

Intellectual Property Rights

Trade Marks

Briefing Note - Using Trade Marks - Practical Tips
Before using a trade mark read these hints for brief guidance on what can, cannot, should and should not be done by trade mark users, applicants and owners.

Intellectual Property Rights

Patent Protection

Copyright Deficiencies in the Protection of Software - Can Patent Pick Up where Copyright Drops Off?
Patent law and copyright protect different aspects of software from copying and exploitation.

Asset Management

Intellectual Property Protection

Managing Intellectual Property & Know-How
The process of managing intellectual property is a staged process, involving identification and assessment of the asset and the strength of the intellectual property right vesting in it.

Equitable Remuneration

Performance Rights

Equitable Remuneration Rights under the Copyright, Designs and Patents Act
Performers are entitled to remuneration for their performances based on the extent of the use.

Rights Owners

Domain Names

Domain Name Disputes and the Nominet Dispute Resolution Procedure
Bad faith and abusive registrations entitle a trade mark owner to recover the domain name cost-effectively through Nominet's Dispute Resolution Service.

Software Piracy

Copyright

Software Licensing - Procurement of Software Assets
Inadvertent software piracy amounts to an infringement of copyright. The procurement process is one avenue where infringing material may place companies in a compromising position.

Software Piracy

Copyright

Software Licensing, Contract Law & Software Piracy
Software piracy constitutes copyright infringement. Commercially, it may take different forms inline with activities that are contrary to the terms of the software licence.

Intellectual Property Rights

Intellectual Property Protection

Managing Intellectual Property – IPRs and audit checklists
Identifying the intellectual property assets is an important step prior to licensing to identify those assets of the business that are available to generate additional revenue.

Copyright Licensing

Copyright

Fireballs from Cyberspace – Open Source Software Licensing for Geeks, Freaks and Technocrats
An overview of the legal issues involved when using open source software in commercial software development projects.

Software Protection

Copyright

Determining Ownership of Copyright and Software
Our intellectual property solicitors discuss a rationale for determining ownership of copyright in the UK.

Software Protection

Patent Protection

Briefing Note - Technology and Software Patents and Patentability
A method to identify a 'technical effect' for the purpose of patentability under the Patents Act 1977 UK.

Software Protection

Intellectual Property Protection

Briefing Note - Protection of Computer Software - A Synopsis of Intellectual Property Rights
Software may be protected by patent law, as a trade secret or by copyright as a literary work or a film.

Brand Protection

Copyright

Copyright Protection - Company Names, Logos and Slogans
Copyright, Designs and Trademarks may all play a part in protecting business names, trading names, slogans and logos.

Intellectual Property Rights

Patent Protection

Distinguishing the Difference between Patent and Copyright Protection
An explanation of some of the fundamental differences between intellectual property protection in patent and copyright law.

Intellectual Property Rights

Patent Protection

A Strategy for Obtaining Technology based Patents
An overview of a strategy to obtain patent rights in technology based inventions.

Software Piracy

Copyright

Avoiding Software Piracy - BSA Announces Software Asset & Licence Management Tools
A recent reports indicated that software copyright infringement in the IT industry was the most common area for infringement.

Asset Management

Confidential Information

Confidential Information - Relationship with Intellectual Property and Contract Law
Unauthorised disclosures of confidential information may overlap with infringement of copyright. This publication briefly considers the overlaps between intellectual property protection and confidential information.

Intellectual Property Rights

Copyright

Briefing Note - Published Editions and Typographical Arrangements
The typographical arrangement of a published editions is protected by Part I of the Copyright, Designs and Patents Act UK

Intellectual Property Rights

International Conventions

The Internationalisation of Copyright Protection - Conventions & Treaties
In recent years the Copyright, Designs and Patents Act has been amended to grant better protection to performers internationally.

Asset Management

Confidential Information

12 Things about Confidential Information
A few short pointers on the nature of confidential information.

Recording Rights

Performance Rights

Briefing Note - An Overview of Recording Rights in the UK
A brief synopsis of recording rights in live performances in the UK.

Intellectual Property Rights

Copyright

Copyright FAQs - The Innocence Defence under UK Copyright Law
Not knowing that a copyright work is infringed is no defence to a claim for copyright infringement, however that circumstance may be taken into account in an assessment of damages.

Intellectual Property Rights

Copyright

Incidental Inclusion of Copyright Works and Defences to Infringement
The Copyright, Designs and Patents Act anticipates the event where copyright works are incorporated incidentally into new works. A defence to infringement applies where...

Intellectual Property Rights

Copyright

Copyright FAQs - What does the Copyright Symbol © mean?
The effect of implied rights and the copyright symbol in the UK.

Intellectual Property Rights

Copyright

Copyright FAQs - Is Registration required for Copyright Protection?
Copyright protection in the UK is automatic, with no requirement for registration. This arises from an application of the Berne Convention, the interpretation of the Copyright, Designs and Patents Act UK.

Copyright Licensing

Compulsory Licensing

The Copyright Tribunal and Compulsory Licensing
The UK Copyright Tribunal has the power to order consents to use recorded performances where the rights owner cannot be identified or located.

Contract Management

Patent Protection

The Right to Improve a Patented Innovation
Rights to improve a patented invention in the context of patent assignments.

Intellectual Property Rights

Confidential Information

Briefing Note - Law of Confidential Information in the UK
A brief overview of the law governing misuse and disclosure of confidential information.

Performers' Rights

Performance Rights

Briefing Note - An Overview of Performer's Rights
A brief synopsis of the protection and rights granted to performers arising from live performances in the UK.

Employer/Employee Relations

Moral Rights

Briefing Note - Moral Rights Protection in the UK
The right of paternity is one of the moral rights granted to authors.

Licensing

Copyright

Briefing Note - The Nature of Exclusive Licenses
Use of copyright material may be licensed exclusively, or a non-exclusive licence may be granted. The basis of the licence is important as unintended consequences may result.

Asset Management

Patent Protection

Protection of Computer Software Systems and Applications & Patent Law
Although most computer programs would readily fulfil the requirement of being capable of industrial application, few can be considered novel or non-obvious to skilled programmers.

Asset Management

Patent Protection

Protection of Innovation and the Patentability of Inventions
In this publication, our intellectual property solicitors step through the requirements for patentability.

Asset Management

Patent Protection

Briefing Note - Patent Law Protection
A patent confers upon the inventor of some new or improved industrial product or process a monopoly right over that invention for a certain number of years to enable them to exploit it and to stop others from exploiting it without authority.

Managing Intellectual Property

Patent Protection

Employees’ Rights to Compensation for contributions to Patented Inventions
A synopsis of the rights granted to employees under the Patents Act 1977. Employees may be entitled to an award of compensation arising from the benefit received by the employer.