How important is intellectual property (IP) to your startup? IP can be central to the success of a small business but only if it is protected properly. Defensible IP is one of the top things venture capitalists want to see in a startup. Turner Little look at Intellectual Property and how you can ensure that you are protecting your assets or what to do if any disputes arise.
IP disputes often arise when other businesses infringe your IP, or take action against you for infringing their IP rights. In this blogpost Turner Little will explain those rights – both as they apply to you, and as they apply to others whose toes you might step upon.
Be aware and alert
Effectively, it is your responsibility to police your own IP – no one else is charged to do this for you. Your rights do exist but it is up to you to discover and bring attention to any infringement. In many cases, once you have pointed out the breach, the other party in question may stop. If this is not the outcome then there are a number of steps you can take. You should always look to take advantage of cost-effective alternative dispute resolution procedures before opting for expensive court action.
For example, there are a number of inexpensive domain name dispute-resolution procedures, and the Intellectual Property Office (IPO) offers a range of other IP dispute resolution services including the new ‘fast track’ trade mark opposition process.
Legal action
There are also a number of legal routes which can be taken. A popular example of legal action in such instances is a claim for ‘passing off’ if another business is deceiving the public by trading on your reputation. There is a chance you might be able to ask the court for an injunction, stopping any trade mark or patent infringement.
Turner Little advises that before taking any legal action you should assess the strength of your case and your evidence because proving your case can be difficult and expensive. Professional legal advice and support is vital.
Be careful not to infringe others
Registering your IP rights through applying for a trade mark registration or filing a patent, can help protect you, but IP disputes can arise from the beginning if someone else claims that you are infringing their rights. This opens up a new chapter – how to be sure you are not infringing someone else’s copyright.
Preliminary searches can help you identify potential conflicts and negotiate your way around them. You may want to take up expert advice on areas such as the drafting of your patent application – so you avoid infringing on other patents but without unnecessarily restricting the scope of your own patent.
Defence
If you are accused of such infringement, you need to know how to defend your actions. Turner Little recommends a pragmatic approach to such instances. For example, if a large company claims you are infringing their trade mark, it may make more financial sense to back down, rather than risk a high-cost dispute.
Though, if you have built up significant value in a brand name or other IP, be prepared to consider a more forceful approach. It is also worth considering that your business may be held responsible for the actions of your employees – if they commit plagiarism, or copy someone else’s copyright. So make sure your employees understand the issues and risks, to help protect you against potential claims.
Turner Little
Turner Little was founded in 1998 and it has since become a well-established UK based professional Company Registration Agents, Registered Bank Intermediaries and Business Consultants, as well as Trust providers.
