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This episode explores intellectual property (IP) rights protection for businesses. Olexandr Kyrychenko discusses safeguarding innovations, brands, and designs.

Trademarks

Protect brand elements such as names, logos, slogans, or taglines.

Key considerations:

• Avoid infringing on existing trademarks to prevent litigation and financial losses.

• Protect the goodwill built around a product from being exploited by others.

Trademark protection is jurisdiction-specific; obtain it in relevant countries.

Register trademarks within appropriate categories:

• Focus on current trade or planned expansion categories.

• Avoid overly broad registrations that may be invalidated.

Copyright

Copyright arises automatically in the UK and applies to original works, including software and code.

Ownership considerations:

• Confirm when copyright arose and who owns it.

• Assign copyright formally if created before company formation.

• Ensure agreements with contractors and employees state that copyright vests in the company.

Seek legal advice when using open-source code or platforms like ChatGPT, as copyright protection may vary.

Patents

Patents protect inventions that are new, involve an inventive step, and are capable of industrial application.

Key steps:

• File patent applications promptly to secure protection.

• Maintain confidentiality until the application is filed to avoid jeopardising the process.

• Consider multiple applications to cover different aspects of the invention.

A registered patent grants the holder exclusive rights to prevent unauthorised use, production, or sale.

Trade Secrets

Trade secrets protect confidential business information that provides a competitive edge.

Protection measures:

• Use confidentiality clauses in agreements with founders, shareholders, employees, and contractors.

• Draft and execute non-disclosure agreements (NDAs) in compliance with legal requirements.

Trade secrets are critical for information that cannot be patented or trademarked.

Design Rights

Registered design rights protect the visual design of a product for up to 25 years, subject to renewal every five years.

Unregistered design rights arise automatically and protect shape or configuration but not surface decoration.

Both require designs to be:

• New and not previously disclosed.

• Distinct enough to create a different overall impression from existing designs.

Registered designs allow enforcement through legal action.

This podcast is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this podcast was published.

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