Intellectual Property Law

Our experienced Intellectual Property Law team are well recognised, having worked with household names and international brands.

What is Intellectual Property?
Intellectual Property encompasses a vast and diverse array of business property from software and other copyright materials, to designs and logos and inventions and processes. The laws surrounding Intellectual Property fall into a number of areas, copyright, trade marks, design rights and patents, here’s how we can help you:

  • Copyright protection advice & copyright infringements
  • Trade Mark registration and renewal and monitoring services
  • Design right applications, registered designs and renewals
  • Patents and patent applications (non-disclosure agreement)

Protecting your brand and business assets
It is important for businesses to protect their assets and this includes the non-tangible assets that the business owns. Registering your ownership of those assets that can be registered is key but equally important is vigilance to stop unauthorised use. It is important to take action to stop other individuals and companies from infringing your rights as if you do not take action it can later be argued that you have granted an implied licence for your works to be used.

Intellectual property infringement?
We are highly experienced at being able to resolve disputes regarding Intellectual Property including claims, providing pragmatic and commercial advice to you and your business. Often disputes such as these can be resolved without the need to resort to litigation and early involvement from us can ensure that the infringement is stopped promptly.

Intellectual property infringement specialists >

When it is not possible to bring the dispute to an end quickly through correspondence, we have unrivalled expertise in running proceedings to enforce and defend Intellectual Property Rights for you through the Court process should this be necessary.

 

IP Protection: Protect what you create

Most businesses benefit from a basic understanding of Intellectual Property rights to help protect what they create and to avoid them infringing the rights of other people and businesses. This area of law is broader than just breach of copyrightpatent law and this article summarises the sorts of rights that a business may encounter.

Copyright Infringement: Promotion on cease and desist letters

Are you the owner of copyright in photographers, pictures or words?  Have you discovered someone else is using the work without your permission?  A take down notice from us may be all it takes to stop the infringement of your intellectual property and to secure you a monetary sum by way of compensation.

Failure to take action can result in you losing your rights in relation to the works.  Therefore, it is important to act to protect your assets.

Compensation will depend on the level of infringement.

For a limited period we can review your papers, send a take-down notice and demand for payment for the fixed fee of £300 + VAT.  In order to benefit from this reduced price quote “IP360” when contacting our team on DRTeam@herrington-carmichael.com or 01276 686222.

Please note this offer is available for new instructions for copyright infringement received on or before 15 June 2020.  If subsequent work is required after the initial stage the time spent will be charged at our hourly rate on a time spent basis.

Trademark infringement: Liability for counterfeit goods

Recent case involving Amazon provides the answer on trademark infringement The question has recently come before the European Courts as to whether a company fulfilling orders for goods on behalf of another can be liable if those goods breach the intellectual property...

The Common Law Duty of Confidence: Can you rely on it?

We recently published an article explaining the benefits of putting a bespoke Confidentiality Agreement in place for your business project: “Confidentiality Agreements: Don’t get caught out!” If you do not have a confidentiality agreement or non-disclosure agreement...

Will I be able to enforce my European intellectual property rights in the UK?

Will I be able to enforce my European intellectual property rights in the UK? The uncertainty for business owners regarding the law applicable to them continues to exist despite the UK-EU Withdrawal Agreement coming into effect from 31 January 2020. Currently EU law...

Intellectual Property Update – Is there protection in an idea?

It has generally been an accepted principle that intellectual property rights protect your actual interpretation rather than the idea in itself.  For example, if you paint a picture of an oak tree but invert the colours to make it look unusual you own the copyright in...

Wedding photographers and copyright – what’s your position?

The wedding season has begun in earnest and it’s vital that wedding photographers are reminded of how copyright law protects them and what rights their clients have. An experienced wedding photographer can earn significant sums of money, but creating great wedding...

Have a break have a Kit Kat? Not for Nestle.

After over a decade of fighting long-standing rivals Cadbury, Nestlé has lost its appeal to retain its trademark of the well-known three-dimensional four fingered shape of its KitKat chocolate bar. This is not the first time the two rivals have been arguing over...

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We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2020 by Legal 500 and Alistair McArthur is ranked in Chambers 2020.

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