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Intellectual Property IN THE RENEWABLES SECTOR


The renewables sector is fast developing. This means that new ideas, thoughts and processes are being created at an extremely fast pace. As with all developing industry sectors, intellectual property is going to be imperative to business success. For this reason it is important that all businesses are aware of what intellectual property (IP) they own, how IP is created and most importantly, how it can be protected.


INTELLECTUAL PROPERTY – THE CONCEPT


Before considering each IP in turn, it is worth reiterating the basic concept of IP.


Intellectual property rights are basically intangible rights, with the idea that they protect the products of human intellect. Intellect cannot be seen but can nevertheless have a value. It is capable of being “owned” which means that it has to be somebody’s property.


Intellectual property is everywhere and large businesses spend huge sums maintaining and protecting their IP rights, whether developed by their employees or consultants.


TYPES OF IP There are various types of IP which fall mainly under two headings: the artistic and the commercial (although clearly for the renewables sector, commercial is going to be the key focus). IP rights can be trade marks, copyright, design rights, patents, works know-how or confidential information. Various other IP rights such as database rights may also be applicable although perhaps to a lesser extent in this sector.


Looking at each of these IP rights in turn it becomes clear as to how they will become relevant.


TRADE MARKS A trade mark is a brand name or symbol that distinguishes one business or product from another. In a developing sector we see business start ups and new products and it is likely that new names will be developed. The best way to protect such names or logos is to register them as trade marks.


Rights will still exist in unregistered trade marks but for enforcement purposes and for enhanced levels of protection and ownership rights, a lawyer will always advise registering trade marks where possible.


Depending on each individual circumstance, trade marks can be registered in the UK; as a Europe wide community trade mark; or certain territories can be cherry picked if the marks require protection in other jurisdictions. Once trade marks have been registered it is easier for businesses to then take steps to prevent third parties infringing their marks.


COPYRIGHT Copyright is a monopoly right that arises automatically and is basically a right to prevent copying. It is likely in the renewables sector that new plans and drawings will be prepared which will attract copyright protection.


No further steps are needed to obtain the benefit of this right (contrary to popular belief there is no central copyright register) but best practice would suggest that businesses in this sector do acknowledge themselves as the copyright owners on important documents, including on their websites, by using the copyright symbol along with their name and date that the work was created.


DESIGNS Designs can be registered and unregistered. Again, it is likely that this right will be a direct benefit to businesses in the sector and it is envisaged that design rights will be needed and used. Unregistered design rights protect functional objects for up to a ten year period. Clearly by the title no steps are needed to register this right.


Perhaps of lesser significance is the right of registered design which relates to the appearance of an object but not its technical function.


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