Intellectual Property

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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Intellectual Property

Intellectual Property (IP) encompasses a vast and diverse array of business property from software and other copyright materials, to designs, logos, inventions and processes. The laws surrounding Intellectual Property fall into a number of areas including copyright, trade marks, design rights and patents.

We can assist you with: Brand management and licensing and brand exploitation, Copyright Protection Advice, Advice on copyright infringements, Trade mark advice and applications, Design right applications, registered designs and renewals, Advising on IP provisions in commercial contracts.

Intellectual Property Protection essentially serves as a shield and provides the holder with the right to take legal action against anyone who infringes it. This would enable your business to maintain a market-leading position with your creation, particularly in today's competitive landscape. Whilst some IP arises automatically, some require registrations and therefore obtaining the right legal advice to ensure all necessary protections are in place and that all requirements are met is essential. This is where we can help – our expertise in this area lie in:

  • Trade Marks
  • Brand Management
  • Avoiding Legal Issues
  • Brand Licences
  • Market Expansion
  • International Expansion
  • Copyright Protection

Our wide range of services across these areas will ensure that you are able to navigate the complexities of intellectual property law for your brand to remain resilient, adaptable, and poised for enduring success in the marketplace.

Having gone to the effort and expense of registering your IP, you should ensure your IP is protected going forward by watching for situations where third parties seek to register IP which is similar or identical to yours. Not only this, but it is important to ensure that the registrations you do have are actively used and do not lapse.

Our Intellectual Property Management Service provides you with the opportunity to take action against third parties well before they have the opportunity to register their IP. For example, filing a successful opposition against a new trademark application will prevent it from reaching registration. Since there are strict deadlines to file an opposition following publication, the early warnings provided by our monitoring service are invaluable.

Similarly, we can act as your authorised representative on registrations which means we will ensure that you are notified of any registrations which the IPO consider to be similar to yours and when it is due to expire.

Designs can be protected in a number of ways, for example by registration, through unregistered design rights and by artistic copyright.

If a design is registered, it can protect three-dimensional and possibly two-dimensional designs. The design will also not be limited to the product to which it was originally applied and parts of articles can be protected as designs if they are visible in normal use.

There are requirements that must be met before a design can be registered. Our IP team has a wealth of experience in advising on these requirements, the time periods involved in which to file an application and whether the design falls into the specifically excluded type of design. Once registered, protection can last for 25 years. The procedure for registration is quick and not expensive and registration may help build up the reputation and goodwill relating to the product, particularly when used in conjunction with a strong trademark.

If a design is not registered or not capable of registration, unregistered design rights automatically come into existence by virtue of making products available to the public which incorporate the design. Protection will only last for 10 years from the end of the year of first exploitation or 15 years from the creation of the relevant design document. Proof of infringement would require the owner of the design to show that the defendant had copied the design.

We are also able to advise you on how to manage your registered designs. The advice would include how goods should be marked (to warn would-be infringers) as well as design renewal. Failure to renew your design within the applicable time periods will result in the registration expiring. We also have expertise to assist you in making applications for the restoration of design rights if they have been lost due to a failure to renew them. Once again, there are limited time periods applicable within which to apply for restoration of design rights. It is therefore important to effectively manage your registered designs as there may be certain circumstances where a bone fide third-party will have the right to continue an act (such as importation of a consignment of infringing products) if the design registration has expired and no application for restoration was announced in the Designs Journal during the grace period.

Our team of experienced Intellectual Property lawyers can help you register a trademark for your business.

We regularly assist clients with the registration of trademarks in the UK. We can also assist, via our international network, with registration of trademarks further afield.

In the UK, registration of trademarks is voluntary but advisable as it provides the owner with the exclusive use of the mark in connection with the goods or services for which it is registered. A trademark may consist of words, slogans, domain names, logos, colours, and sounds. The eligibility of the mark will depend on whether it satisfies the statutory criteria to be a trademark.

Intellectual property (IP) licenses are legal agreements that grant permission to use intellectual property owned by someone else. This IP can include inventions, patents, trademarks, copyrights, or trade secrets

IP licences are a common way for businesses to exploit their IP, giving the licensee the right to use their intellectual property, in exchange for benefits, such as royalties and licence fees.

Businesses use IP licenses for various reasons:

Create a revenue stream: IP licenses allow businesses to generate revenue by granting others the right to use their IP in exchange for licensing fees or royalties.

Market Expansion: Licensing IP can help a business enter new markets or industries where they might not have the resources or expertise to operate effectively.

Risk Mitigation: For some businesses, licensing IP can be a way to mitigate risks associated with manufacturing, distribution, or marketing by allowing other entities to handle these aspects.

Collaboration and Innovation: Licensing IP can encourage collaboration between businesses, fostering innovation and the development of new products or technologies.

Brand Extension: Businesses might license their trademarks or brand names to other companies for use in complementary products or services, extending their brand reach.

Legal Protection: IP licenses define the terms and conditions of use, reducing the risk of IP infringement and providing legal protection for both the licensor and licensee.

Our specialist intellectual property lawyers are able to support you with protecting your IP.

What is an IP audit?
An IP audit is a tool for reviewing the IP owned or used by your business. A comprehensive audit will include:

  • Identifying the IP assets held by your business
  • Searches of the IPO register to determine whether your trade marks and design rights are registered
  • Reviewing the IP provisions in key commercial contracts and licences; and
  • Reporting on the IP help by your business

IP Audit and Reporting
Our IP audit and reporting retainer comprises of:

  • A questionnaire in relation to your business' IP
  • Searches of the IPO register to determine whether your trade marks and design rights are registered
  • A review of IP provisions in key commercial contracts and IP licences; and
  • A report on the IP held by your business and recommended next steps

Keeping track of a large IP portfolio can quickly become incredibly time consuming and Herrington Carmichael can assist businesses with keeping track of their intellectual property. For example, we can assist businesses with identifying and protecting their intellectual property, managing legal risks and ensuring that their IP licences are sufficient – our expertise in this area lie in:

  • Portfolio Management
  • Audit & Reporting
  • Intellectual Property Retainers
  • IP Watching Services

We can advise you on IP Portfolio Management under a retainer. For example, we currently offer the following services under a monthly retainer:

IP watching service
Our IP watching service comprises of:

  • Changes of UK trade mark and design right representative / correspondence recipient (as appropriate depending on the requirement of the relevant registry) to Herrington Carmichael
  • Maintenance of your UK registrations by monitoring the status of your registrations and submitting timely renewals or cancellations
  • Liaison and project management with overseas counsel for non-UK trade marks and design rights regarding oppositions and renewals
  • Notifying you of new UK trade mark applications that you may wish to oppose.

IP Audit and Reporting
Our IP audit and reporting retainer comprises of:

  • A questionnaire in relation to your business' IP;
  • Searches of the IPO register to determine whether your trade marks and design rights are registered;
  • A review of IP provisions in key commercial contracts and IP licences; and
  • A report on the IP held by your business and recommended next steps.

Our Dispute Resolution Team are highly experienced at being able to resolve disputes regarding intellectual property and providing pragmatic and commercial advice to you.

Intellectual Property (IP) encompasses a vast and diverse array of business property from software and other copyright materials, to designs, logos, inventions and processes. How can we help?

  • Copyright infringement or copyright protection
  • Trade Mark infringement or breach
  • Design Rights
  • Patents
  • Confidential Information

We offer training onsite or we would be pleased host you at our offices. Alternatively, we can provide training remotely using video conferencing facilities, enabling live Q&A sessions.

Intellectual Property Training & Workshops
Training sessions are designed to meet the needs of your business, addressing repeated issues or new issues your business might face. We are experienced in providing training to staff across all departments, including in-house legal counsel and sales teams, to ensure that they are updated and aware of current intellectual property law and / or relevant intellectual property topics which might affect them in their roles.

Some examples of topics include:

  • What are trademarks and how do I register them? Should I license or obtain a license for intellectual property? Key considerations for a licensor or licensee.
  • What are the different ways I can protect my brand?
  • Buying or selling intellectual property rights – key considerations.
  • Importance of managing IP portfolio and consequences of failure to renew registrations.
  • Competition law considerations regarding intellectual property

Why should my business receive training on protection of intellectual property?
You will receive knowledge to safeguard your innovations as well as an understanding of the legal frameworks around patents, trademarks, designs, copyrights and trade secrets. By knowing how to properly register and defend these assets will assist in preventing unauthorised use or infringement by competitors.

How can IP law training increase my revenue?
We will provide information on various avenues that can be explored to enable your business to increase its revenue. Licensing deals, partnerships or selling IP rights can generate additional income and contribute to the company's financial growth.

Why is learning about brand protection important for my business?
Training in this area encourages a culture of protecting the brand identity. Employees become more aware of the value of the brand, importance of protection and ways to protect the brand while preventing dilution or misrepresentation of the brand.

Key contact

Cesare McArdle PNG
Cesare McArdle
Partner

What our clients say about us

We were very impressed with the service provided by Herrington Carmichael. Michelle & Siddhartha were highly responsive and provided clear, professional advice throughout the process of our director's loan conversion. Their support with our company secretarial requirements was excellent, and we would highly recommend their services.

We needed urgent assistance and you delivered way beyond expectations. Really appreciate you, Chris, Sophie and Samuel, and all your teams effort.

I would highly recommend using the services of Samuel and the Herrington Carmichael Team. The expertise was consistent from my initial contact through to completion. Working against time constraints, the communication, responsiveness and due diligence from Samuel was first class.

We appointed Herrington Carmichael to act for us in the sale of our Chartered Financial Planning business. From the outset, we were impressed with Alex and Lucinda's professionalism. This impression was backed up by helpful and knowledgeable support from them and their team throughout the sale process. All aspects of the sale discussions were dealt with carefully and efficiently, resulting in a satisfactory outcome for us as sellers.

Joel and his team are an absolute pleasure to work with. From day one to completion, they were totally engaged in the sale process to ensure the best possible outcome for us as individuals. Their wise counsel throughout the process was invaluable, and I wouldn't hesitate to recommend them.

I have worked with Joel and his team on two acquisitions, on both occasions he has been professional, knowledgeable and approachable. He is able to explain the process in layman’s terms, clearly differentiating between the preferred and essential in contract negotiations. I wouldn’t hesitate to use or recommend Joel's services again.

I recently completed the sale of my business. Herrington Carmichael acted on my behalf, and my contact was Joel Gocool. Joel and his team were magnificent. I had one point of contact throughout the process, which made everything much easier. Joel was very easy to get on with, attentive, and promptly answered questions or queries. The advice I received was balanced, and Joel helped me to navigate my way through the warranties and indemnities, making the journey as easy as possible for me. I would like to thank him and his team for their very professional assistance throughout and would not hesitate to recommend the Firm to other business owners.

This was the first time we had worked with Herrington Carmichael, and we were extremely happy with our experience. We found Joel to be helpful, always on time for meetings, flexible and his legal knowledge was very good. We completed on a very tight schedule and Joel addressed all the key issues to make this happen. Joel is very easy to get on with and a pleasure to work with. We would strongly recommend him and highly recommend the firm to others.

I would like to express my thanks to Harry Winkley, Joel Gocool and the team at Herrington Carmichael for their pro-active approach in our recent acquisition to the Surelock McGill Group of companies. A smooth transition working closely and professional within our set parameters, also within predicted budget. Many Thanks to the full team at HC.

I recently sold my business. I was advised to use HC as they have experience in selling financial advisory companies. I have been delighted with the work that they did. They were thorough and quick to engage, and from a cost perspective, they met the quote that they had given at the outset. Most importantly, it was imperative that, with a relatively short window to operate in, we got the deal over the line before the new tax year... we completed on the 31st March. I am so pleased with all Joel and Dylan have done and would recommend HC highly.

We recently worked with Joel Gocool and Dylan Cutifani on the successful completion of our Management Buyout (MBO). Throughout the process, they provided clear advice and guided us confidently through what was a complex process. Their attention to detail, commercial understanding, and responsiveness helped ensure the deal progressed smoothly and efficiently. We particularly valued their ability to explain legal matters in straightforward terms and their proactive approach to resolving issues that arose. We would have no hesitation in recommending Joel or Dylan to any business considering an MBO.

I cannot thank Joel, Dylan and the wider Herrington Carmichael team enough for their outstanding support throughout the sale of my shares. What should have been a straightforward transaction became far more complex and protracted than anyone anticipated, with numerous delays and challenges along the way. Throughout the process, Joel and Dylan remained calm, professional, responsive and completely committed to achieving the best possible outcome for me. They provided clear, practical advice, kept me informed at every stage and worked tirelessly to keep the transaction moving forward despite repeated obstacles. Their attention to detail, persistence and ability to navigate difficult negotiations gave me complete confidence that my interests were being protected at all times.

Beyond their legal expertise, what stood out most was their genuine support. This was a stressful and emotionally draining transaction, and there were times when I felt like giving up. Joel and Dylan were always there to provide reassurance, explain the next steps and ensure I never felt that I was facing the process alone. I am incredibly grateful for their professionalism, dedication and perseverance in bringing the transaction to a successful conclusion. I would have no hesitation in recommending Joel, Dylan and Herrington Carmichael to anyone looking for solicitors who combine exceptional legal expertise with outstanding client care.

Joel and the team at HC provided exceptional support throughout what was a complex and high-value transaction. Their calm, pragmatic approach and commercial understanding gave me confidence at every stage of the process. Joel’s communication was clear and consistent, and he was always there to support me and reassure me at all hours and he always made sure my priorities were fully protected while maintaining momentum to completion.

I would have no hesitation in recommending Joel and HC to anyone seeking experienced, commercially minded legal support for an investment process or business sale.

Alex Canham and Joel Gocool are a delight to deal with and form a highly efficient team. They have gone the extra mile in our negotiations.

I recently used Herrington Carmichael Solicitors for the sale of a house and was very impressed with the service. This is the second time I’ve used them, and once again the team were polite, efficient, and kept me well informed throughout the whole process. Communication was clear and timely, which made everything run smoothly and stress-free. I would happily recommend them to anyone looking for reliable and professional solicitors.

Over the period Oct. to Dec.’25, Herrington-Carmichael supported us with regard to the closure of an employer-managed pension scheme. Mark Chapman provided excellent guidance and documentation to ensure that the overall project was correctly completed in the required time-frame. I would not hesitate to recommend Herrington-Carmichael as a partner to provide support with any legal matters.

I have had the pleasure of working with Liz on several complex property purchases, including overseas-based companies and legal opinions, commercial leases analysis, building contracts assignments and collateral warranties. On each occasion, Liz has acted promptly, kept me appraised of the progress and demonstrated excellent commercial awareness and professionalism in dealing with clients’ solicitors. I have no hesitation in recommending Liz for all property-related legal matters.

Their expertise has been invaluable to us as landlords for all sorts of disputes and lease extensions, which can be a minefield. These matters are always dealt with extremely well. It is hard not to praise them too highly, to be honest, as in all of my dealings, I can say that I have always had a very positive outcome.

The real estate team at Herrington Carmichael has expertise in advising on development work, including acting for lenders in the development sector, working with banking institutions, undertaking agricultural matters and advising on leasehold and enfranchisement issues.

The team at Herrington Carmichael are responsive and reliable and provides an exceptional service to us. There is a strong level of ownership from the team, and they go the extra mile to ensure that there is a thorough examination of each transaction and that our interests are always protected.

The Real Estate team at Herrington Carmichael delivered their expertise in a pragmatic and commercial way, maintaining a professional and responsive approach throughout. They provided clear, commercially informed guidance and took a highly structured approach to coordinating the requirements of the transaction and our development strategy. I extend my sincere appreciation to Liz and her team for their sustained commitment to excellence and for their invaluable support in bringing this project to a successful exchange for Storage King. We are pleased to regard you as a trusted and valuable part of our professional team.

I have worked with Herrington Carmichael and Liz Hailey for many years. The recent purchase of a development site for a new home was particularly complicated, involving complex title issues on a large multi-use site, planning considerations, development agreements, easements, collateral warranties and guarantees.......Thank you to all the team at HC for your continued excellence and your support in concluding these exciting new projects for DMP...

The Real Estate team at Herrington Carmichael were excellent in dealing with this transaction; they delivered their expertise in a pragmatic and commercial way, maintaining a professional and responsive approach throughout. They provided clear, commercially informed guidance, and took a highly structured approach to coordinating the requirements of our lender, the transaction as a whole and our development strategy. I'd like to thank Liz and the team for all their support in helping the Chartwell Group successfully complete the transaction. We really appreciated their guidance and look forward to working with them again in the future.

I cannot thank your dispute resolution team enough for all your help. Once again, it was a pleasure dealing with you and should we ever have the misfortune to have to use your services, I would be very confident making that choice.

The firm has a wealth of knowledge and experience and is able to handle all types of issues that I have presented to them. They are easy to contact, and you certainly feel looked after and that you are in capable hands.

Stephen Baker is an experienced and commercially astute litigator who is dedicated to the interests of his clients and has the ability to deal with the most demanding and difficult of clients while still retaining a cheerful and engaged demeanour.

This practice stands out not just for the quality of legal advice, but for its responsiveness, consistency, and ability to build lasting relationships.

What truly sets them apart is their commitment to collaboration and innovation. They not only provide expert legal guidance but also take the initiative to educate our members on the latest legal developments, demonstrating a proactive investment in their clients' success.

Working with the team at Herrington Carmichael makes it easy for me to do my job, knowing that I am working with a trusted and reliable partner who has taken the time to understand my business. The team are responsive and communicate clearly at all times, and I know the work will be done right, with my business interests at the forefront of their considerations.

The partner in charge, Mark Chapman, was exceptional. Our issues were unique and we had to change direction several times, but the team always responded well, bringing in the new specialist skills as needed. I think that is the standout quality; adaptability.

The advice and guidance provided to us by the corporate and commercial team at Herrington Carmichael has proved invaluable over the past few years. The team work closely together to provide a consistently high standard of work and sound legal advice. They are available when we need them, exceptionally knowledgeable and approachable. Knowing our company so well, they can provide high-quality legal advice that is suitably tailored to our commercial needs and risk appetite.

My experience of working with Cesare and his team has been a pleasure, the advice was clear, precise and commercially astute and the draft contracts etc were delivered to a very tight programme. We appreciated the attention to detail whilst always being mindful of the agreed budget.

Working with Cesare and the team at Herrington Carmichael on a recent commercial contract has been a very positive experience for us at Ecrebo. The team were professional, knowledgeable and able to pick up on specific nuances relative to our business very quickly. We are pleased with the end result and would recommend the team at HC.

Mark and the team at Herrington Carmichael guided us through a period of high complexity and ambiguity at launch. They simplified our situation, offering clear and straightforward advice, which has laid the foundation for our growth. I would recommend the team to anyone seeking advice on cross-border commerce.

We’ve had an outstanding experience working with Herrington Carmichael who have been instrumental in helping our business protect its registered trade marks. From day one, they demonstrated a clear understanding of the importance of brand protection and took a thorough, strategic, and practical approach to securing our intellectual property

Mark, Edie, and the team were excellent throughout our software company demerger. At the outset, the scope of work was not entirely clear, but they took the time to explain the legal aspects of the process and provided a clear shopping list of the documents that might be needed, together with quotes for each item. This helped us understand the importance and cost of each piece of work and decide what to prioritise and in what order. They then supported us with key documentation, including a new EULA for one of the newly created company's products and novation agreements to transfer customers and suppliers to the new entities. Their advice was clear, practical, and commercially focused throughout, and they handled the whole process with professionalism and efficiency. I would have no hesitation in recommending them.

Excellent level of service provided by Alex, Joel and the team. Our sale was not particularly straightforward, quality advice provided in a timely manner. I am not sure we could have completed our sale without them. Would highly recommend!

A big thank you to Alex and his team in particular Melissa who worked diligently and at all times looked to serve our best interests. They were constantly available to provide reassuring advice through a sometimes difficult transaction and fraught period. Despite the tight deadlines and significant workload I was delighted with their performance.

We have worked with Alex Canham and Melissa Deutrom at Herrington Carmichael on two separate acquisitions together with numerous general corporate activities. We have always found them to be highly responsive, timely and accurate. We would definitely recommend them to other financial services companies like ours.

Ed manages to combine the legal and practical aspects of a disposal with consummate ease and it certainly makes my life a lot easier knowing that he is dealing with the legals on my behalf!

Both Alex Canham and Edward Beedham provide clear advice and are very responsive which is invaluable when dealing with time pressured situations.

We were very impressed with the service provided by Herrington Carmichael. Michelle & Siddhartha were highly responsive and provided clear, professional advice throughout the process of our director's loan conversion. Their support with our company secretarial requirements was excellent, and we would highly recommend their services.

We have been with Herrington Carmichael for many years and we always receive excellent and timely advice, as well as all the practical support necessary to run our small limited management company efficiently. Charges are clear and reasonable. It’s always easy to communicate and replies are swift and helpful. Named individuals take a personal interest.

Mimosa Court Residents Company Limited

Having worked closely with Yavan and the team for several years now, this re-finance project was particularly important for Futura – allowing us to continue with our steep growth trajectory without compromising our focus on service excellence and continual improvement. In such a fast-paced environment, it is essential for us to work with key strategic partners like Herrington Carmichael, who have a deep understanding of our business, people and aspirations.

We instructed the banking team at Herrington Carmichael on a complex and difficult banking transaction with a tight turnaround. Yavan and Chris met the challenge and they helped us to understand the key sticking and contentious points with great clarity, and simplified the process for us. Chris and Yavan had a consistent focus on our end goal throughout, and worked hard to help us achieve it. It has been a real pleasure working with them, and I would not hesitate to recommend them!

Yavan and team supported us through the process ensuring we had the right level of guidance and regulatory control for every decision through this process, we felt fully supported and couldn’t have achieved the outcome without them.

We appointed Herrington Carmichael to act for us in the sale of our Chartered Financial Planning business. From the outset we were impressed with Alex and Lucinda's professionalism. This impression was backed up by helpful and knowledgeable support from them and their team throughout the sale process. All aspects of the sale discussions were dealt with carefully and efficiently resulting in a satisfactory outcome for us as sellers.

We would like to express my thanks for the work carried out by Alex, Lucinda and the entire team at Herrington Carmichael during a recent transaction.....Their clear communication, thoroughness, and proactive approach ensured the transaction was completed as smoothly and efficiently as possible. It was a pleasure working with them. They went above and beyond to safeguard our interests and provide clear guidance. We felt supported at all times, thanks to their commitment and expertise. Based on our experience, we would have no hesitation in recommending Alex, Lucinda and the entire team at Herrington Carmichael to others seeking a reliable, knowledgeable, and dedicated legal resource.

Client

First class service, with great communications all along, I liked the way the DD report came in under a traffic light style format to highlight those higher risk areas, and when the pressure was on at the very end, Beth and Chris went above and beyond to make sure this one could happen on Tuesday. We (well, Chris and Beth) got it over the line by lunchtime on Tuesday. Thank you once again, Team Herrington, for the professional, human, and reassuring approach.

Simon Arnold
Finance Director, Grundon Waste Management Ltd
The firm has a wealth of knowledge and experience and is able to handle all types of issues that I have presented to them. They are easy to contact and you certainly feel looked after and that you are in capable hands.

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Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

Generally speaking, an assignment of Intellectual Property Rights will pass ownership of those Intellectual Property Rights to the recipient of the assignment. Therefore, depending on the exact terms of the assignment, the previous owner would no longer have rights to use those intellectual property rights. Customers will often request assignments of work created for them. Whilst this is typical, thought needs to be given to whether any Intellectual Property Rights need to be retained for the business moving forward.

Conversely, a licence only gives a right for the recipient to use the Intellectual Property Rights within defined parameters and generally does not pass ownership across. Licences can be exclusive, sole and non-exclusive and these will all having different implications. It is imperative that the type of licence, the parameters on use and consequences of breach are all clearly set out in the contract and accurately reflect the intention of the parties.

The Intellectual Property clauses are a focal point of many IT contracts where it is important to capture rights not only in the core software, but also in any developments and any supporting materials such as user manuals etc.

The Copyright, Designs and Patents Act (1988) acts to support copyright owners in protecting their work from being copied by others. Generally speaking, copyright laws give ownership of work on creation to its author, whereby they will have the exclusive right to reproduce, distribute and display their work. Copyright also gives the owner control as to who can use their creation and how it can be used. An author’s work is protected under copyright laws when the work is created, provided certain conditions are met.

On the contrary, if someone other than the owner of a work wishes to use the copyright owner’s work then, if they do not obtain permission from the owner of the work, they may fall within the ambit of copyright infringement.

There are some uses of copyright work that will not constitute infringement or which are permitted by law – for example, uses intended for specific purposes including research and private study, copying for data analysis and quotation from a work. In performing any of the permitted acts, you must work within the requisite parameters, as otherwise you could very quickly fall out of remits of a permitted act and into the remits of copyright infringement.

If you feel that you have copyright in work which has been copied, we are able to review the works and the alleged copying and give a view on whether a right exists and whether it has been infringed.

IP audits can be hugely useful in establishing what IP is owned by a business and opportunities for business asset protection. For example:

Identify potential gaps in IP protection
Some businesses may be completely unaware that they are sitting on valuable and often unexploited IP which could lead to enormous economic potential and opportunities once discovered. For example, an IP audit could help you to identify opportunities to license your IP to third parties. If a business doesn’t know what IP it has or how to leverage it, it will be at a significant commercial disadvantage compared to its competitors.

Identifying cost savings
The maintenance of registered IP rights often comes at a cost through maintenance fees. Carrying out an IP audit will assist with identifying the registered IP which are unused, under-utilised or otherwise no longer valued.

IP audits can also help to foresee and avoid costly IP disputes in circumstances where they expose potential infringement of third-party rights.

Identifying the risks
IP audits can reveal certain risks from a legal perspective, such as:

  • Identifying contractual risks (e.g. restrictions set out in license agreements and contracts that do not capture IP ownership as intended/required)
  • Revealing IP assets which are susceptible to being extinguished. For instance, registered trademarks may be cancelled for non-use and use may be resumed in an effort to preserve the registration.
  • Reviewing operational activities to ensure the business is compliant the contracts with third parties and the use of third-party IP to avoid infringement or breach of contract.

We will be able to provide you with a fixed fee to carry out an IP Audit. We will need to find out from you about the assets you hold and understand a bit more about your business after which we would be pleased to provide you with a quote.

The process of watching and conducting regular searches can identify new applications that may be of interest to you and your business, or pose a threat. Carrying out an IP watching service can help you to keep an eye on new registrations and applications and identify whether you should file objections to competitors applications.

Registering a trademark provides you with legal rights to exclusively use that mark in connection with your goods or services within the registered classes. It offers legal recourse against anyone who tries to use your mark without permission. It also distinguishes your products or services from competitors and helps consumers identify and remember your brand.

Copyright lasts for a set period, typically the life of the author plus 70 years from the end of the calendar year of the author’s death (subject to a few exceptions under the Copyright, Designs and Patents Act 1988).

Trademark renewals are typically required every ten years, and our experienced trademark solicitors will advise you on the maintenance and renewal process.

We will provide you with a breakdown of the fees, including application fees and professional charges for our services. More information can be found here:

https://www.gov.uk/government/publications/trade-mark-forms-and-fees/trade-mark-forms-and-fees