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Your unique products and innovations represent your business’s USP (Unique Selling Point). And that’s what sets you apart from other businesses; hence, protecting it from any unauthorised usage is more than a necessity of any modern-day company.
Intellectual property laws are quite complex and subject to interpretation based on varying legal language. So, even if you know about the laws, you need an expert IP lawyer to enact them. In this article, we are going to talk about IP laws and how an intellectual property lawyer can help you safeguard your unique creations.
What is Intellectual Property?
Intellectual property (IP) is like the stuff you create with your mind. It can be inventions, creative works, symbols you use in business, or even secret recipes! It’s called “property” because, just like a house or a car, you can own it and have rights over it.
What is Intellectual Property?
In a business context, intellectual property (IP) refers to intangible assets that can be leveraged for competitive advantage and financial gain. Unlike other tangible assets, it doesn’t depreciate with time. For certain innovations, it may raise a business’s valuation, which is important in mergers or fundraising.
Types of Intellectual Property
Several properties of your brand fall under IP, here are some of them:
Patents
When you invent a new process or a product, patents provide you exclusive rights to produce, use, and sell the invention for a set period.
Trademarks
Trademarks are used to protect the unauthorised usage of any of your business identities. It includes your logo or symbols. Hence, it also comes under the category of intellectual property for your business.
Copyrights
Copyrights extend to a number of things, including software code and technological innovations in your business. It prevents your competitors from using any of your unique creations without your permission.
Design Rights
If you think that your competitors may try creating a knockoff product using the same design as your products, you can secure its design rights. It can help your business maintain its unique brand identity.
Trade Secrets
Both technical and commercial information are a big asset for any company (especially manufacturers). An IP lawyer can secure your trade secrets regarding your process, ingredients, marketing strategy, list of suppliers and much more.
Services Offered by Intellectual Property Lawyers
So now that the assets that you can protect under IP laws, let us take a look at how intellectual property solicitors can help you:
IP Registration and Protection
Without a valid registration, claiming legal remedies for an innovation is difficult. IP lawyers provide registration services that allow you to register the product or any process on which you want an intellectual claim.
Moreover, a trusted IP attorney (Intellectual Property attorney) can help you register trademarks, copyrights, design rights, and patents, all by intellectual property rights in the UK.
IP Infringement and Litigation
IP law firms not only help you file patents but also protect you reliably during any IP infringement. For instance, if any competitor tries using any of your registered IP assets without credit or permission, they can help you enforce the right laws. Further, they can also assist you with copyright protection services.
Commercial Exploitation of IP
You can commercialise your IP and earn money on it using a licence. A reputed law firm can create the most profitable licensing agreements for your intellectual property. Further, they can assist you in the lawful transfer or sale of your intellectual creations. In the case of franchising, where protecting IP laws is important, a law firm can be a great help in market reach and compliance.
Portfolio Management
Another important service that a specialised law firm can offer is overall portfolio management. IP auditing service could be a fine example of it. With their expertise in IP regulation laws in the UK, they can systematically review all your owned or acquired IPs with proven methods so that any risks can be mitigated beforehand.
As mentioned, IP may raise a company’s valuation, and law firms can provide valuable support in deciding the right valuation of IP to reap profits for your company.
How to Choose the Right IP Solicitors
Now the question is, how would you choose an IP firm or lawyer that can fit your requirements and budget right? To make this process easier, here are some important factors to consider before choosing any company’s intellectual property legal services:
Expertise in IP Law
IP law related issues and disputes are likely to arise while filing or its enforcement on the competitor. Hence, ensure that your IP infringement defence lawyers have experience in dealing with such cases. Further, you must cross-check their academic credentials and background before proceeding.
Track Record and Success Stories
Make sure that your IP solicitor has a proven track of success in intellectual property protection. For that, you may rely on their client reviews and testimonials in IP protection cases. It is also wise to take their online presence into account for more clarity.
Industry Specialisation
There are more than 100+ IP-intensive industries and sectors. Each of these sectors has its own regulations with which to comply. Hence, you should always prefer an IP solicitor with relevant expertise and understanding of industry-specific IP protection.
But the question is, given the complexity and specialisations in the UK’s IP law, how can I find the best IP lawyer or firm? Luckily, some websites like Lawyersorted.com can help you find the best intellectual property lawyers in the UK with relevant experience in a couple of easy steps. There, you can look for each solicitor’s specialisation and testimonials, among others.
FAQs about About Intellectual Property Specialists in the UK
What does an intellectual property solicitor do?
A professional IP lawyer does a number of things, ranging from advising and representing clients on matters related to a country’s IP laws. Plus, they even handle disputes to help clients protect, enforce, and commercialise their IP rights.
How can IP attorneys help with IP protection?
Intellectual Property attorneys can assist with:
- Identifying and registering IP rights.
- Conducting IP audits to ensure proper protection.
- Drafting and reviewing agreements (e.g., licences, assignments).
- Advising on strategies for managing and exploiting IP assets.
- Monitoring for potential infringements and taking enforcement actions if necessary.
How much does an intellectual property law firm or lawyer charge?
It varies from one solicitor to another. For a normal case, some IP law experts charge $100 – $149/ hour. At the same time, it may go high in other cases.
Can a solicitor help me enforce my IP rights?
Yes. In case of an IP infringement, a solicitor can send cease and desist letters to infringers. Plus, he can help you in initiating and managing litigation proceedings in court. Lastly, he can even advise you on the next steps if you need them.
What are the benefits of registering my IP?
There are a number of benefits to registering your intellectual property. Firstly, you can claim exclusive usage rights for the idea. Further, you get the privilege to sell or transfer rights to any other company lawfully.
How can I avoid IP infringement?
To avoid IP infringement, you must:
- Conduct thorough searches and due diligence before using any IP.
- Register your IP rights.
- Regularly review and update your IP portfolio.
- Obtain licences or permissions for third-party IP.
- Seek legal advice to understand the scope and limitations of your IP rights.
What is the process for filing a patent?
First, you have to prepare a detailed patent application, including the data that supports it. Once you send your application to the UK Intellectual Property Office, you may have to answer objections, if any. Later on, you will receive a decision on whether a patent will be granted or not. Once you get a positive result, you must pay maintenance fees to keep that patent in force.
How do I protect my trademarks internationally?
There are 2 ways you can do it. You can either apply for trademark registration in the UK and every other country separately or file your application under the Madrid Protocol and nominate the countries where you want to register your trademarks.
What should I do if my IP is infringed?
As soon as you notice any misuse of your intellectual property, you must get in touch with your lawyer, who can help you take legal action and seek compensation.