Intellectual Property Practice

Intellectual property is a unique and physical creation, not just an idea. For example, an idea for an environmentally friendly plastic is not intellectual property, however, once this concept materialises into a physical form, it may be considered as such. Intellectual property (IP) can be separated into various categories such as trademarks, copyrights, patents and design rights.

In a world that highly values innovation and where ideas develop quickly, it is important for both businesses and individuals to protect their creations from others who try to profit from them. Intellectual property law is a specialist area of property law that governs the ownership of creative property. The law encompasses a broad range of legal disciplines including tort, contract and competition law.

This subject is both contentious and non-contentious. Clients who bring forward IP cases seek commercial advice concerning protection of their product designs, advertising and licencing among others. They may also need litigation support if someone is stealing their intellectual property or infringing on their rights. Intellectual property is an important asset in any company, especially if the nature of the company’s work is inventive. The technology and life sciences sectors, for example, are innovating rapidly, and key players in these fields are focusing on investing in research and new products. Intellectual property law protects these products and is therefore fundamental to support a company’s continued growth.

Technology and the age of the internet have sparked numerous problems for establishing IP rights. Websites illegally streaming films, TV and music are everywhere and artists are just now finding that their intellectual property rights have been infringed online.

Globalisation and cross-border disputes over intellectual property rights make this area of law even more complex, especially with the difficulties in enforcing penalties to those infringing another’s IP rights across two or more jurisdictions. Intellectual property rights can be separated into rights that must be registered and rights that are automatically protected. Registered rights require applying to the relevant official body.

The benefit of registering your rights over your intellectual property is that this provides a much clearer position over any dispute relating to another using your IP without your permission. Examples of intellectual property that have to be registered include inventions under patents and trademarks for companies. Unregistered rights offer automatic protection of the property. IP eligible for automatic protection include unregistered design rights and confidential information, among others.Intellectual Property Lawyers work closely with businesses, guiding them through the process of acquiring, protecting and using intellectual property such as patents and copyrights.

This may involve assisting your client with selecting product names and shapes, registering a trademark, taking your client through the patenting process and advising on the most commercially viable option to bring their product to market.

For this reason, intellectual property lawyers need to have creative minds and be comfortable dealing with complex and technically demanding subjects. They may also be brought into contractual work, working on IP-based acquisitions or offering IP expertise in business transactions and licensing deals.

Litigation also plays a big part in the work intellectual property lawyers do because naturally, disputes will advise. Whether that’s objecting to new trademark applications that may damage your branding or suing those who are copying your intellectual property. The services which we offer to clients at this level are:

• Meticulous interdisciplinary approach to IP-related services for technology and life sciences transactions, litigation and due diligence
• Team of attorneys with scientific and technical backgrounds that is equipped to understand a client’s core technologies and proactively address legal and business concerns
• Full spectrum of IP coverage across sectors and industries, from technology, pharmaceuticals and medical devices to consumer goods and entertainment
• Comprehensive counseling on the acquisition, protection and enforcement of patent, trademark, copyright and trade secret rights, in addition to guidance on strategic IP portfolio development.