Intellectual Property Law

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

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.

Intellectual Property Services?

Listen to our Presentation on Intellectual Property (IP) in Joint Ventures.

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Protect what you create

A basic understanding of Intellectual Property rights helps protect what you create and avoids infringing the rights of other people and businesses. 

Brand Protection

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.

IP Infringements 

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.

Copyright Infringement – what is it and how can it be avoided?

Copyright Protection The Copyright, Designs and Patents Act (1988 )acts to support copyright owners in protecting their work from being copied by others. Generally speaking, copyright laws give ownership of work on creation to its author, whereby they will have the...

Intellectual Property Law & NFTs (Non-fungible tokens)

What is an NFT? This podcast discusses NFTs and the issues that arise from ownership of non-fungible tokens which are cryptographic tools based on digital ledgers such as blockchain.LISTEN ON  Previous PodcastsAward winning legal advice We are solicitors in...

Registering your Trade mark’s post Brexit

Trade mark registration is typically territorial in the sense that you must generally register your brand on a country-by-country basis. For example, a trade mark that is registered in the UK will only provide registered protection within the UK. A business which...

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...

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.

We can review your papers, send a take-down notice and demand for payment for a fixed fee, contact our team on DRTeam@herrington-carmichael.com or 01276 686222.

Intellectual Property Specialists

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