It is vital that all SMEs know their intellectual property rights and ensure that they have ownership of their logos and content. Miles Rees, Business Outreach Manager at the government's Intellectual Property Office (IPO) gives New Business readers an overview of the services that the IPO provides.
What services does the IPO offer SMEs businesses?
We offer a range of different services, but for the majority of businesses we tend to focus on trademarks, because protecting a brand, logo or a company name is often the starting point for many SMEs.
This is relatively cost effective as completing registration online is currently £170 and provides 10 years protection. Even if a businesses is not planning to file a trade mark they should look on our website for the free online database where you simply put in the name you are using or plan to use, and the database tells you if someone has already filed it.
We also get asked frequently about copyright - a lot of businesses think that you have to register copyright but you don't: it is an automatic right. What a lot of firms don't realise it that if they get another company to create something for them, such as a website, then ownership of that creative work is held by the contractor. So even though you are entitled to use it the creator holds the copyright. It can cause a whole range of difficulties long-term if businesses don't make sure that they acquire copyright when they get third parties to create things. Businesses need to think about ownership.
What other areas does the IPO cover?
We also deal with more specialised areas of intellectual property, such as patents. These are more expensive - not in the costs to apply for them at the IPO, as our fees currently start at £200 - but because most people who file for patents choose to use a patent lawyer, as patenting can become complex and benefit from their expert advice.
Then you have registered designs, which covers a range of different things. It obviously covers the aesthetics of a product. You can also protect characters, logos and other similar things just by using designs, if you don't want to file for a trademark.
What are the risks of not taking action?
In the area of patents - If someone has filed a patent before you or created a product that has your idea and you haven't filed a patent - once it is in the public domain then it is too late, your ability to protect it has gone forever. The consequences of not making a patent application and developing it further can be significant if someone else launches the same or similar product, or details of your idea gets into the public domain.
Trademarks are slightly different in that you can still file for a trademark no matter how many years after you have launched a product, but leaving it too long leaves you open to the risk that someone else may register a similar or the same trademark before you. This can cause a great deal of problems as it means you have to rely on common law rights as opposed to legislation (trade marks act). You would have to lean on various case law examples and show that you have rights to a particular trade mark, and that you have built up rights based on reputation and use in the marketplace. But you would have to go to court and prove you have been using it for a good number of years and generated substantial reputation that an average consumer when asked would link your trade mark to your business. This is unlike registered trade marks where you would not require evidence or proof of reputation to enforce your trade marks rights.
Many businesses don't realise how simple and cheap it can be to protect themselves by registering their patents or trade marks - it is currently only £170 for a trademark and patents are £200 excluding legal costs.
Are businesses more aware of IP now?
The interest in, and success of programmes like The Apprentice and particularly Dragons' Den has raised the public's awareness of IP, as for example, the Dragons' often focus on patents in the show. You will often here them say things like ‘Do you own the trademark for this product?' or ‘What is to stop me from going out and making the same product today?' It is all about owning your intellectual property, using your statutory rights and preventing others copying or imitating the product or service you have created.
Copyright has received a tremendous amount of publicity recently over file sharing and internet issues, such as people copying music and films. People are thinking more about ownership of intangible assets. It's not just about your stock and your staff - it is about your ideas, inventions and other intellectual or creative efforts. These areas of business have never had such a high profile as they do today.
It is important for businesses to discover if they own these types of exploitable assets or not - For example, if they have created and developed a new logo or brand name, make sure that you have the rights to use it exclusively, and can claim ownership of it. The ownership question is very important. These intangible assets can amount to far more than you think when valued and documented on a business's balance sheet.
Can you explain what the IP Healthcheck covers?
The starting point for any business should be to go onto the IPO website and take the IP Healthcheck. That will take you step by step through the four main rights - patents, trademarks, designs and copyright.
It also offers advice on confidentiality agreements. For instance, if you are dealing with venture capitalists (investors) or maybe people that are making prototypes of your invention, or even if you are developing a new brand or product and you are talking to other people about - you need to consider how you maintain confidentiality of your IP.
The IP Healthcheck will take you through all of the different areas of IP using a questionnaire. None of the questions are difficult and there are lots of case studies, help and information, which gives people a really good starting point.
How long does the IP Healthcheck take, and what happens afterwards?
It only takes about 20 minutes to complete the IP Healthcheck and you will get a good understanding of the terminology used in this area. The language of IP sometimes confuses people or puts them of this topic, making managing these assets harder or worse still, ignoring their real potential.
After this has been competed you receive a free tailored report. This contains a list of recommendations and action points, to help you protect and exploit your intellectual property. It will also provide an explanation of why the IP Healthcheck have has made each recommendation, guidance on how to put each recommendation into practice and links to useful information, websites and other relevant resources.You can also repeat the IP Healthcheck for another business you may have or for another area of Intellectual Property you may have.
To take the free IP Healthcheck today visit www.ipo.gov.uk/iphealthcheck
