It is important to understand how intellectual property and your work relate to each other in law. Find out how to protect your work and whether copyright, design right, patents, and trade marks apply to it.
So, what is intellectual property? In simple terms, it is an invention or some kind of work resulting from creativity that qualifies for certain protection rights against theft.
There are several different types of protection for intellectual property. Having the right type will help to stop others copying (or stealing):
Copyright, designs, patents, and trade marks are all common methods of protecting intellectual property. In fact, your work would get certain types of protection by an automatic process. But, you would have to apply for others.
Creating something unique 'physically' would be something that counts as intellectual property. So, having only an idea about something (by itself) would not count.
Here's an example:
You might have an innovative idea for writing a children's book. But, even though the actual idea would not count as intellectual property, putting words about the book in print... would.
The ownership of intellectual property and your work would have a legal basis for protection against theft if you:
In fact, more than one individual can own the same intellectual property. Likewise, it can either belong to people or to businesses, which also means you can sell it or transfer it to someone else.
As a rule, being self-employed means you would own the intellectual property by yourself. It would apply even if someone else commissioned the work. An exception to this rule would occur if a contract gives ownership rights to the other party.
Note: In most cases, owning the intellectual property for something you created in relation to the work of your employer would not qualify.
There are several important reasons for protecting your intellectual property and your work. It also simplifies the process of taking legal action against anyone who copies or steals it.
As the owner, it would be your responsibility to defend your intellectual property against an IP infringement.
The product or service you create will determine what type of protection you can get. Certain types of protection occur 'automatically', whereas you would need to apply for other types.
Note: You should keep the information on these types of intellectual properties a secret until they get registered. You can use non-disclosure agreements (NDA) if the idea needs discussing with someone.
Intellectual property law UK allows you to link more than one type of protection to a single product. For example, you would be able to:
Note: You may need to prove you own, or have applied for, a trade mark, patent, or design registration. If so, you can get certified or uncertified copies of your UK patent, trade mark, or design registration documents.
There are several ways to get help with intellectual property right. Generally, you should first consider which type of protection you are going to need.
You can get help and expert advice from:
Note: Find out how to defend your intellectual property after an infringement (e.g. abuse or misuse). The guide explains how to get help resolving disputes and what kind of legal action you can take.
Understanding how copyright protects your work can help avoid cases of infringement. Further details in the guide explain:
Three types of protection cover designs and design rights. The details will usually be unregistered, but you can register design right or protect it by copyright. The section also explains:
A patents step by step guide is a good place to start if you have a novel idea for patenting. The section explains the patent process with extra information on:
As a rule, you will need to get a licence to play live or recorded music in public places. The topics in this section include:
Common uses of the UK trade mark rules are distinguishing one party from another and protecting against imitation. The advice and information in the section also clarifies:
Note: The short video [1:20 seconds] is part of the IP Basics series. It provides a quick introduction to intellectual property produced by the Intellectual Property Office (IPO).
As a rule, you would need to get permission BEFORE you start using somebody else's intellectual property (IP) or creative work under copyright. Check how to get permission to use copyright, designs, patents, and trade marks.
Note: The Intellectual Property Office provides further information for customers and users of IP and how the IPO will operate from January 1st 2021 (e.g. after the end of the transition period).
Intellectual Property: How to Protect Your Work in United Kingdom