Intellectual Property

Property comes in many shapes and sizes, but in business terms, one of your most precious properties may be one you cannot walk around - it is intellectual property - the knowledge which makes your business work. Different businesses rely on their intellectual properties to differing degrees - some may be using the intellectual property rights of others or, for instance, dealing with other businesses which claim to own or have a right to use others' rights.

 

In modern business practice an understanding of intellectual property is crucial - what rights you have, what you need, what you are using and by what right. You need to know how to protect your rights, and how you can authorise others to use those rights, to your benefit.

 

These types of rights are classified under five main headings:

Each is very different in character, in the ways in which the rights can be protected, and in the extent of protection the creator can acquire. We can assist clients in protecting rights, and dealing with them, and can work with Patent Attorneys and Trade Mark Agents to maximise the benefit businesses can achieve from their intellectual property holdings. Where, particularly in computer software, the issue is one of licensing the use of products in the market, we can set up licensing arrangements for shrink-wrap, click-wrap, bespoke or high-value products.

 

In addition, businesses have a fund of know-how and information which does not come under the formal Intellectual Property Rights but still require protection by way of confidentiality agreements, clauses within employment contracts or within shareholders’ agreements.

 

As well as creating and dealing with rights, you may need to protect those rights and we have the experience to advise and represent clients in disputes and before the courts on matters involving Intellectual Property Rights; we have done so particularly on issues of trade marks, copyright, passing off and design right.

 

Berwins’ managing partner Paul Berwin is a member of the Society for Computers and Law, has written for the Society’s journal, and is the only solicitor in North Yorkshire recommended in the Legal 500 directory for work on Intellectual Property matters (of which Information Technology Law forms part).

 

 

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