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Intellectual Property

Intellectual Property and questions of rights and ownership can become relevant in any context where a bright idea has value. Whether you are a startup blazing a trail with fresh new concepts, an individual whose personal creative labour has value in its own right, or a well-established concern looking to sell or acquire a significant package of IP, we can give you the Intellectual Property assistance your unique circumstances demand.

It can, however, be a confusing field to master, not least because IP comes in several different flavours with differing requirements. Copyright or unregistered design rights may reside automatically in work produced for you, or by your employees, or by your contractors, and simply by doing business in the market you may have already developed some goodwill and a reputation for your brand, which in some instances may protect you against “passing off”. However, if you want to make effective use of these rights, you will need to have a clear idea of what they are, where you have a claim, and what you can do to enforce them.

Other forms of IP require you to undergo a registration process – a process which can fail if incorrectly handled or if what you seek to protect does not fit the legal criteria for the right in question. A registered trade mark or registered design rights can give you more scope to protect your brand than the common law right against passing off or unregistered design rights; a patent can give you a time-limited monopoly on making use of your invention, ensuring that the expense of your research process can be recouped.

It is possible to miss your chance to get some types of IP protection if you publicise your ideas too early – or at all. If you do not have a patent application in place when you start telling the world about your big idea, you might find it’s suddenly everyone else’s big idea – leaving you with little recourse. A non-disclosure agreement in your pocket when you talk to prospective partners in exploiting your concept can be reassuring – a patent application even more so. Provisions on trade secret protection and confidentiality rights require appropriate measures to be taken to keep the relevant information secret and confidential.

 

Our IP team is made up of professionals with decades of collective experience in the field, who pride themselves on tailoring their advice to the client. A small startup is not going to have the same needs as a major pharmaceutical company, but the future of both could depend on effective portfolio management. A consultation with us can help you work out where the valuable IP resides in your business, and what needs to be done to best protect it and, where necessary, enforce it.

To talk about how our team can help you, please contact Jim Boff on:
+44 (0)20 750 41174 / jboff@greenwoods.co.uk




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