Gavin Howe
Intellectual property law in the UK concerns the rights of intangible but valuable information or creations. It covers inventions, designs, brands, artwork, music, and other intellectual creations. The Intellectual Property Office (IPO) is the official UK government body responsible for intellectual property rights, including patents, designs, trademarks, and copyright. These rights are established, protected, enforced, and promoted through various means such as patents, trademarks, copyright, and designs.
| Characteristics | Values |
|---|---|
| Definition | Intellectual property law relates to the establishment and protection of intellectual creations |
| Examples | Inventions, designs, brands, artwork, music |
| Types of protection | Copyright, patents, trademarks, designs |
| Rights | Rights are established, protected, enforced and promoted through patents, trademarks, copyright, and designs |
| UK body responsible | Intellectual Property Office (IPO) |
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What You'll Learn
Patents
The UK's patent system is governed by the Patent Act and the Civil Procedure Rules (CPR) in England and Wales. The CPR includes a specific rule (Part 63) and associated practice direction (Practice Direction 63) concerned with patent litigation. To obtain a patent in the UK, one must file an application with the UK Intellectual Property Office (UKIPO). This application process can be complex, and it is recommended that applicants seek advice from a strategic patent attorney.
There are several exclusions to what can be patented in the UK. These include discoveries, scientific theories, mathematical methods, schemes, rules and methods for doing business, and presentations of information. Computer programs are also excluded from patentability, although this exclusion is limited in effect. If a computer program has a real-world effect, it may still be possible to obtain a patent. However, there are potential pitfalls when seeking patent protection for computer software, and specialist advice from a patent attorney is recommended in this area.
It is important to note that a patent is only enforceable in the jurisdiction in which it is granted. Therefore, if worldwide protection is desired, one must file patent applications in individual countries or through an international application that can later be converted into national applications.
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Trademarks
Trademark registration in the UK bestows exclusive rights upon the owner, allowing them to prevent unauthorised use of the mark on identical or similar products. Registration is kept for ten years and must then be renewed to preserve the owner's rights. There are 45 classes of goods and services for trademark registration, with each class grouping similar products. For example, soft drinks fall into class 32.
Trademark disputes can arise when objections are raised by owners of similar registered trademarks or by the UKIPO. These disputes can be resolved through hearings and tribunals. The Trade Marks Act 1994 is the current UK trademark legislation, implementing the European Trade Marks Directive into national law.
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Copyright
Under the 1988 Act, copyright in a sound recording has a duration of 50 years from the date of recording or publication. If the recording is played or communicated to the public within the initial 50 years, the duration is 50 years from that communication or playing to the public, provided the author is an EEA citizen. In 2013, the copyright duration for unpublished sound recordings was extended from 50 to 70 years.
The UK's copyright laws also recognise international agreements, such as the Berne Copyright Convention, which defines the country of first publication as the location where a work is first published, or where multiple publications occur within a 30-day period.
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Counterfeit goods
Intellectual property law in the UK relates to the establishment and protection of intellectual creations such as inventions, designs, brands, artwork and music. These creations are protected by patents, trademarks, copyright and design rights.
The sale of counterfeit goods is illegal, and buyers who have purchased such goods have the legal right to a refund. They can also report the seller to Trading Standards, who may take legal action against the seller, or report them for fraud. Trading Standards investigates criminal activity and prosecutes sellers and traders who break the law. It is not a legal obligation to report someone selling fake goods, but doing so may prevent others from accidentally buying counterfeits.
Signs that goods may be counterfeit include heavily discounted prices, flash sales, and a large amount of content on social media with little engagement. Fake profiles can contain original brand names, so it is important to check the brand website and click back through to their social media accounts. Most rogue traders do not provide after-sales services, warranties, or guarantees.
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Commercial law
Intellectual Property (IP) law relates to the establishment and protection of intellectual creations such as inventions, designs, brands, artwork and music. IP lawyers need to be able to think commercially and from a client’s point of view. They must understand the complex and technical language of IP law and have previous relevant experience in other fields like science, technology and medicine. Attention to detail is vital, as is the ability to manage huge volumes of paperwork and work to tight deadlines.
IP work often involves commercial law. Commercial law relates to the sale and distribution of goods and services, and the transfer of money and other compensation. Commercial law is a broad area of law that covers a wide range of issues that arise in business. It includes the following:
- Contract law: governing agreements between parties, including the sale and purchase of goods and services, and licensing of intellectual property.
- Competition law: ensuring fair competition between businesses and preventing anti-competitive practices such as price-fixing or market-sharing agreements.
- Consumer law: protecting consumers from unfair or unsafe products and services, and providing remedies for consumers who have been misled or harmed.
- Data protection: ensuring that personal data is processed and stored securely and in accordance with the law.
- Employment law: governing the relationship between employers and employees, including issues such as contracts, working conditions, and health and safety.
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Frequently asked questions
Intellectual property law in the UK concerns the rights of intangible but valuable information or creations. This includes inventions, designs, brands, artwork, music, and literature.
Examples of intellectual property include patents, trademarks, copyrights, and designs.
Intellectual property lawyers help clients establish and protect their intellectual property rights. This may involve checking and registering clients' rights, drafting commercial agreements, and enforcing rights when they have been infringed.
To become an intellectual property lawyer in the UK, you will need to follow the steps to become a qualified solicitor. This may involve taking the Solicitors Qualifying Examination (SQE) and completing two years of Qualifying Work Experience (QWE). Alternatively, you can study the Legal Practice Course (LPC) and complete a two-year training contract with a law firm.
The salary of an intellectual property lawyer in the UK can vary depending on experience and location. A newly qualified solicitor outside of London can expect to earn around £30,000 to £50,000. In London, the average salary for an IP solicitor with five years of experience is £40,000 to £80,000. With over ten years of experience, earnings can range from £60,000 to £140,000.
