Feeling exposed: understanding your intellectual property rights
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Feeling exposed: understanding your intellectual property rights, a presentation given by Nisha Baveja, solicitor at Briffa about how to protect your work and what your rights. Part of ECCA's Preparing for your Degree Show week 2009 - a programme to help Arts London students make the most of their final show.
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Intellectual Property
Strategy
Maximising value from IP
Intellectual Property Strategy
1
Intellectual Property Strategy - Where do I
start?
Regardless of the nature of your business, you will be using and creating intellectual property all the
time. This article helps you to decide where intellectual property should be on your list of priorities. It
also aims to help you develop a plan for your intellectual property by providing information about the
processes, time and costs involved in protecting intellectual property rights.
What is intellectual property?
Intellectual property is a collection of intangible property which can be protected by law. Intellectual
property rights entitle you to stop others from using your intellectual property. These rights can be
assigned from one owner to another, licensed and used as security for borrowing.
Who is entitled to intellectual property rights?
The first owner of the intellectual property rights in a work is usually the creator of the work. There is a
key exception to this general rule in that intellectual property rights in works created in the course of
employment usually belong to the employer.
How can I tell what intellectual property is important to my business?
๏ท Are inventions important to your business? See PATENTS
๏ท Are trade secrets or other confidential information (e.g. customer lists) important to your
business? See CONFIDENTIAL INFORMATION
๏ท Do you hope to draw in business by developing a brand or other distinctive โget-upโ? See
TRADE MARKS
๏ท Will your company create valuable works such as software, documents, music, broadcast
or website content? See COPYRIGHT AND DATABASE RIGHTS
๏ท Is the appearance of your product important, for example, because it is a fashion item or
interior design piece? See DESIGNS
What do I have to do to protect my intellectual property?
Some rights arise automatically on creation of the work: these are copyright, database right, design
right, rights in passing off (see trade marks) and some rights in confidential information. Other rights
can only be obtained by application to the Intellectual Property Office (in the UK). Patents, registered
trade marks and registered designs fall into this category. Intellectual property rights are national
rights; you must ensure that your registrations cover all the countries where you want protection.
Intellectual Property Strategy
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Intellectual Property - Patents
A patent is available to protect certain inventions. Some countries (excluding the UK) have a
secondary protection system of โutility modelsโ for minor inventions (primarily mechanical
innovations). Whilst a patent application must disclose the invention fully, there is often secret know-
how associated with the invention, for example, how to optimise production of a patented product.
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