information and advice - intellectual property rights

In the early stages of business, entrepreneurs may not always appreciate the importance of intellectual property rights (IPRs), says Vishal Puri. This is particularly true if the core of their business is not an extraordinary new idea or concept which they believe will need protecting at the outset.

This reasoning is misguided and, as IPRs frequently feature among a business's most valuable assets, it is advisable to possess at least a general understanding of how they work.

Confidentiality
Prior to commencing negotiations with investors or customers in connection with a new business plan it is advisable to put in place some form of confidentiality undertaking. A well drafted agreement will specify the type of information to be protected, how long the duty of confidentiality is to last and to whom the information may be disclosed.

Importantly, it will also state that the recipient does not acquire IPRs in any written information that is divulged.

Copyright
Copyright protects original (ie created by independent skill or labour) literary, dramatic, musical and artistic works against copying or other acts such as publication, broadcasting and distributing or hiring copies.

Copyright does not need registration or any other formality to come into existence and protection commences as soon as the work is created. The duration of copyright is 70 years from the author’s death in relation to literary, dramatic, musical and artistic works although the period of protection varies for other types of copyrighted works.

Trade marks
A trade mark is a badge of origin by which the public can distinguish the products and services of one business from another. A trade mark can be protected by registering it and a registrable mark can consist of words, a logo or pictures, or any combination of these.

To be registrable the mark must be distinctive and not identical or similar to a previously registered mark that applies to the same or similar goods or services. A trade mark registration must be renewed after 10 years.

Patents
A patent can be claimed for an invention which can be generally described as a product or process that possesses or contains new functional or technical aspects. If successful, the inventor is granted a monopoly to produce, use or sell the product or process for 20 years, the quid pro quo being that the inventor must publish the full technical workings of the product or process.

The rules surrounding patents are fairly strict in the sense that any prior disclosure could invalidate an application. However, a disclosure made pursuant to a valid confidentiality undertaking will not invalidate a subsequent application.

Registered designs
A design must be registered at the Patent Office to protect the appearance of the whole or part of a product resulting from its features, in particular the lines, contours, colours, shape, texture, materials of the product or its ornamentation. Examples include an unusual style of jewellery or computer desktop icon.

A particular requirement is that the design must be novel, have individual character and not be excluded from registration. If successful, protection can potentially last for up to 25 years.

This opinion piece was written by Vishal Puri, assistant solicitor at practice Blandy & Blandy, and is taken from the Clearly Business web site.