from 25 years from publication to 70 years after the creator’s death. Because copyright is not registered in the UK, it is important to maintain a record of all copyright works from creation. - Patents: if you have invented a unique product, machine, or chemical composition, this may be protected as a patent. Patent protection is not available for every invention, and exclusions include ways of doing business, scientifi c theories, mathematical methods, software which does not have a technical purpose, and methods of medical treatment or diagnosis. If registered, a patent can be protected for up to 20 years. - Design Rights: registering a design can help protect the appearance of a new product, such as its shape, confi guration or pattern. If registered, a design can be protected for up to 25 years. Certain designs (the shape and confi guration of a 3D object and the appearance of a product) may also benefi t from un- registered rights, which are protected for between three and 15 years depending on the type of design.
Our top four tips: - Keep an up-to-date record of all of your intellec- tual property, including when it was created, who created it and their relationship to the business. T is should also record developments to your intellec- tual property, such as signed and dated drawings or documents. - Consider which of your intellectual property rights may be registered, and whether that is appropriate for your business.
- Ensure that you have contracts in place with third party suppliers which clearly state whether you own the intellectual property in the supplier’s work for you (and include appropriate provisions to transfer ownership to you). - Consider your business structure and where your intellectual property is held: individually, by the business or in a separate holding company. T is should be discussed with your fi nancial and tax advisers as there may be diff erent tax implications depending on where assets are held.
For further information or if you wish to discuss any intellectual property matters including those outlined in this article, contact James Howarth at
james.howarth@
howespercival.com or Jenna Bruce at
jenna.bruce@
howespercival.com or call 01908 672682
ALL THINGS BUSINESS
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