The document outlines intellectual property (IP) as legal protections for investments in branding, design, technology, and creativity, highlighting the importance of IP rights for business competitiveness and potential licensing revenue. It explains how to obtain IP rights, the different legal protections available, and the enforcement mechanisms through civil proceedings and alternative dispute resolution. Additionally, it offers resources for professional advice and representation in IP matters.

2. Topics for Discussion
● What is Intellectual Property?
● Why you need to know about it?
● How you can obtain it
● Choosing the right legal protection
● Enforcing your IP rights
● Advice and representation
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3. What is Intellectual Property?
The legal protection of investment in branding, design, technology and
creativity:
● Copyrights and related rights
● Patents
● Registered Designs
● Trade Marks
● Trade Secrets
● Unregistered Design Rights
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4. Why you need to know about IP
Any of those IP rights in a competitor’s hands can restrict the products or
services you can supply or your name or trading style.
In your hands they can restrict competition..
They can also be a source of licensing revenue.
They are a vital business tool.
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5. How you can obtain IP rights
You may already have some IP rights:
● Copyrights
● Rights in performances
● Unregistered design rights
● Unregistered Community designs
● Trade Secrets
● Right to sue for passing off
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6. How you can obtain IP rights
You have to apply for others
● Patents
● Registered Designs
● Registered Community Designs
● Registered Trade Marks
● EU Trade Marks
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7. Choosing the Appropriate Legal Protection
● Often more than one way of protecting an intellectual asset (ie. patents,
trade secrecy or unregistered design rights)
● Patenting can be prohibitively expensive
● Registered rights can be revoked or invalidated
● Following test may be useful:
○ Identify sources of revenue over given period
○ Consider threats to revenue streams
○ Devise countermeasures
○ Where IP is appropriate, choose optimum option
○ Ensure there is adequate funding for enforcement
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8. Enforcing your IP Rights
● Civil proceedings in the Civil Courts
○ Chancery Division
○ Patent Court
○ Intellectual Property Enterprise Court (“IPEC”)
○ IPEC small claims track
● Intellectual Property Office
○ Revocations, amendment etc of patents
○ Oppositions, revocation, invalidation of Marks
○ Cancellation of Designs
● Alternative Dispute Resolution
○ IPO Mediation, opinions and domain name dispute resolution schemes
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9. Advice and Representation
● Patent Attorneys
● Trade Mark Attorneys
● Specialist Counsel
● Specialist Solicitors
● CIPA Patent Clinics
● Business and IP Centres
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10. Any Questions?
Jane Lambert
4-5 Gray’s Inn Square
London WC1R 5AH
020 7404 6262
jane.lambert@nipclaw.com
www.nipclaw.com
www.nipcwales.co.uk