Intellectual Property Services

Copyright is the right which restricts third parties from using work you have created without your permission, such as by copying, adapting, distributing, performing, displaying or putting your work on the internet. Copyright protection arises automatically when the original work is produced. There is no requirement to register copyright to secure that protection.

Copyright applies to the following types of works:

• Literary, dramatic, musical or artistic works (including illustration and photography);
• Sound and music recordings;
• Film and television recordings;
• Broadcasts;
• Non-literary written work (such as software, web content and databases);
• Layout of published editions of written dramatic and musical works.

A trademark gives its owner the exclusive right to use the trademark in connection with a defined range of goods and/or services, and helps protect the brand of a business. A trademark must be registered with the Intellectual Property Office to obtain protection in the relevant class that best describes the goods or services of the business.

Passing off usually occurs by a third party using or imitating someone else’s brand or trade name, in order to gain business for themselves. This is a separate issue from trademarks – to have a claim for passing off the brand or trade name does not need to be registered. If you suspect someone is passing off their goods as yours, our intellectual property service can help stop this.

Trademarks are territorial rights and apply to the jurisdictions in which they are registered. Trademarks registered only at the Intellectual Property Office only give protection in the UK. Trademarks can also be registered a the European Intellectual Property Office (EU), the World Intellectual Property Office or directly at national intellectual property offices in the relevant country.

Infringement of a trademark occurs if a third party uses a mark which is identical or similar to an existing trademark, in connection with identical or similar goods or services. Depending on the circumstances, the owner of the trademark may be entitled to sue for damages or obtain an injunction. We would strongly recommend that you speak to us if you believe a third party is infringing your trademark.

A business’ confidential information may be automatically protected in some circumstances. However more robust protection can come from express terms in an employment contract, confidentiality agreement, terms of business or other contracts. Disclosure of your confidential information may then entitle you to sue for damages or seek an injunction.

The general rule is that any copyright usually remains with the author or creator of the work. In an employment setting, however it is common for the contract of employment to provide that the copyright in any works produced by an employee in the course of their employment are automatically assigned to the employer.