A beginner’s guide to intellectual property law

Thanks to the internet, theft of intellectual property is a widespread problem in many industries. The number one cause of this is piracy, however many breeches in the law come from people simply not understanding the parameters of the law.

What is intellectual property?

Before you can understand the legalitiesof intellectual property, you need to know what it is. Generally speaking, anything completely unique that you have created can be classed as intellectual property. This includes things like:

·         Your brand or logo

·         A new product or product design

·         Written work –on the internet or hard copy

·         Photos or illustrations that you have taken or made

·         Film or musical recordings

·         Computer programmes and software

It is important to note that you can’t protect the idea, only what has been done with it. For example, you may have thought about the idea for the next generation smartphone, but this idea is not protected. If you make a prototype of this phone, that is considered your intellectual property.

What intellectual property law is in place?

By taking action and registering something legally as your intellectual property it will prevent people stealing or using what you’ve created without asking permission. Once it has been protected you will be able to start charging other people for using the work that you have created. Depending on what it is that you have created, you can either copyright, patent or trademark it and gain legal ground in any lawsuits you wish to take against people using your work without permission.

What happens when this law is broken?

Just because something is legally your intellectual property, theft won’t automatically stop. Sadly there will still be people who will continue to try and rip off your idea, products or brands. But when this happens you are able to claim compensation as the patent owner. Any infringements would have to pay out for damages, usually covering the cost of lost sales and customers, royalty fees and lost future earnings as a result of unauthorised used. Alternatively the claim could simply cover the profits made from the infringement. It is possible to work out a deal without having to take legal action, however if you cannot negotiate a solution you may need to take legal action.

Legal rights

If you fail to resolve any intellectual property infringements then you will need to contact the Intellectual Property Office (IPO) who can make final decisions on disputes. The last course of action you can take is settling argument in court, where there is a maximum reward in England and Wales of £500k for damages and £50k to cover any legal costs. This cap on the legal fees can sometimes mean that you end up paying more than you receive in compensation, which is why it is important to always use a specialist legal adviser.

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