Do You Know How Best To Protect Your Assets?

The UDR arises automatically upon the creation of a product with a unique design within its relevant field. The protection lasts for up to 15 years from the end of the year the design was first made tangible. The protection offered is exclusive to the product’s configuration, shape and structure.

The UDR does not protect methods or principles of construction, surface aesthetic or features solely by technical function

The UK SUD protects the appearance of a product. This protection automatically arises upon first disclosure in the UK and lasts for 3 years, protecting the appearance of a product, both the 2D and 3D elements.

Unregistered design rights provide protection on new creations and arise automatically when a product is created or publicly disclosed. The extent of the protection is limited to only the 3-dimensional shape of the product and can prove problematic to enforce. The functional purposes and surface design are not protected under this right making the right extremely limited in scope.

Unregistered copyright provides automatic protection to creative works such as music, literature or art. Copyright takes immediate effect as soon as an idea is made tangible (e.g. it is written down, recorded, or a model is made). Whilst it is not mandatory, putting a © can reinforce your claim to your product, and make any infringements of your design easier to prove.

A trademark is a unique or identifiable brand feature which allows a product to maintain a distinct identity within its relevant field. This can be as simple as a name, or as complicated as a colour scheme or even a smell. It is imperative for many brands that this is protected, as the goodwill and experience associated with their product is the unique selling point in the market and not something that competitor products exploit for their gain.

An unregistered trademark can offer protection under the common law. The protection is very limited in its application, however, as the trademark is often limited to geographical area, where a claimant must demonstrate recognition in that area.

Databases have immediate protections upon creation which prevent others from extracting information or re-utilising database contents without the makers’ say so under the Sui Generis Database Right.

Confidential information is also protected under the law of confidentiality, and whilst not a traditional type of IP, it is a vital part of any business. It is essential that anyone with access to confidential and sensitive company information signs a confidentiality agreement to prevent disclosure of this information, and in the event the information is disclosed, legal action can be taken.

Patents provide inventors and creators with a legally protected monopoly over their product for 20 years, provided the renewal fees are paid, allowing creators to utilise and use their product freely whilst protecting it from use by others. The protection covers the products purpose, the products application, and the products effect.

Patents provide high levels of protection and are essential in industries like pharmaceuticals or robotics, where research and development can take years and incredulous sums of money to commercialise a product.

Patents themselves are hard to obtain though, the grant of a patent is not an automatic process and can often take arduous amounts of time evidencing adequate criteria has been met and are very expensive both to obtain and maintain.

Patents also require public disclosure of technology as part of the process, which could allow a competitor to develop a competing product, should they be able to avoid infringement.

The UK registered trademarks are registered with the UK Intellectual Property Office (IPO) and are enforceable anywhere in the UK. The registration lasts 10 years and can be renewed indefinitely.

The criteria necessary to satisfy for a registered trademark are:

• The product must be novel or unique in nature,
• The applicant must have full ownership and exclusive right to the product,
• The applicant must be using the trademark in good faith

Satisfying the criteria qualifies the product for a registered trademark. This form of trademark offers far more protection than the unregistered counterpart, providing greater statutory protections, a wider scope of specification regarding the protected attributes of the product, and the burden of proof in legal disputes falls on the opposing party to challenge the validity of the registered trademark

Registered design rights provide a legal monopoly over a product or invention for 25 years, subject to renewal every 5 years.

Registered designs must be unique in character and design. If this criterion is not satisfied, the product is not considered a design, and the protection is therefore not applicable to the product.

Design registration is relatively low-cost compared to the other available registered protections and is particularly appropriate in markets where design and individuality are imperative to sales, such as the clothing industry, or in industries where design shape offers a unique opportunity, like building and construction wares.