5 Actions founders should take to secure the IP of their new business

5 Actions every founder should take to immediately secure the intellectual property of their new UK business

04 Apr 2024

Published in: Entrepreneurship Hub

As a founder launching a new business in the UK, safeguarding your intellectual property (IP) is crucial. Your ideas, inventions, and brand identity are the cornerstones of your enterprise's success, making it vital to take proactive steps to protect them from infringement or misuse.

When choosing a brand or business name, do a search of the UK trade mark register (https://www.gov.uk/search-for-trademark ) to see whether someone else has trade marked the name you want or any logos. Consult a CITMA qualified Trade Mark Attorney if you are not sure what to do or do not understand the results you've generated from searching.

Register your trade mark to protect your product or service (also known as your brand) by filing in a trade mark application at the UK Intellectual Property office. Trade Marks can be filed in 45 classes, you need to choose the rights ones for your business. Consult a CITMA qualified Trade Mark Attorney if you are not sure. If you are going to trade outside the UK as well, you should consult with a CITMA qualified Trade Mark Attorney about a cost effective trade mark filing strategy for all regions you wish to trade in internationally.

If you have invented something, developed a new technology, developed a new piece of software or developed a new technical process, consult a CIPA qualified Patent Attorney to see whether it is patentable. Under no circumstances disclose the invention or technology to the public in any shape or form before you have consulted the patent attorney. This includes reveals at conferences, live events, on social media; in fact, anywhere online. Ensure that all your scientific, technical and other invention development work is documented thoroughly in notebooks with clear dates the work took place and that each page is signed and dated by the inventor (digitally if you have electronic notebooks). If you have to disclose information about the invention before you have filed a patent application or consulted a patent attorney about patentability, get a legally binding non-disclosure agreement (NDA) signed. If the third party won't sign a non-disclosure agreement, you should not disclose the details of your invention.

Founders, directors and shareholders should have contracts with IP provisions clearly outlined. It is best practice that employee contracts should have IP clauses detailing company ownership of IP. Clear and enforceable IP clauses within contracts and IP agreements are vital as they define ownership and usage rights, safeguarding intellectual property from unauthorised use or misappropriation. Various types of contracts, including NDAs and licensing agreements are necessary to establish comprehensive protection for intellectual property assets. It's imperative to ensure that the IP clauses within all commercial contracts adequately protect a company's IP rights, mitigating risks, facilitating collaboration and strengthening its competitive advantage in the market

If you receive a legal letter from a third party claiming that you are using their registered trade mark collateral and that you should stop (a 'Cease and Desist' letter), consult with a CITMA qualified Trade Mark Attorney as soon a possible about your options.

Written by Dr Jayne Nation, Emma Whitehouse, and Elliot Davies

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