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Intellectual Property

Intellectual Property (‘IP’) law encapsulates creative works, trade secrets and inventions. It is also concerned with design law, brand protection, copyright, patents and confidentiality.

Our IP team at Saracens will be able to advise you on a broad range of matters concerning IP, including:

  • identification of any IP
  • ownership and infringement rights
  • negotiating and drafting licences and assignments
  • the enforcement of rights and defending of any ‘passing off action’

Please see the menu of further options to the left of this page.

Mr B Tank, Partner Tank Jowett Solicitors (now director of Nobles Solicitors)

I have instructed Saracens on a number of occasions, including the merger between Tank Jowett Solicitors with Noble Solicitors. The team were aware of our business needs and provided excellent pragmatic

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Copyright

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In many countries, including the UK, copyright protection arises automatically without the need for registration. The owner of the copyrighted material has exclusive rights to use the material and unauthorised use by others is prohibited. We can advise you on whether the criteria for the existence of copyright protection has been satisfied, who the legal copyright owner is deemed to be and whether the actions of a third party constitutes infringement of the owner’s rights. We are also able to assist with the acquisition of the copyright in materials and the licensing of these rights to others.

Patents

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Patents are used to protect new inventions or processes. The benefit of obtaining a patent is gaining a monopoly right to use the patented matter for a period of 20 years. Obtaining a patent can add a great deal of value to your product or process and can be a major attraction for potential investors. Our specialists understand the components and complexity of the application process and are well position to identify and navigate any potential issues. We are able to assist you with the patent application and provide advice on pursing or defending infringement proceedings of existing patents.

Registered and Unregistered Design Protection

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Registered design rights are relevant to the appearance of new designs of 2D or 3D objects. Designs that relate solely to the technical function of the object cannot be registered in this way, although it may be possible to obtain a patent. At Saracens we provide an assessment of whether a design meets the criteria for registration and can assist with the application process. We are also able to liaise with the relevant authorities on your behalf, advise on suspected infringements of your design rights by others and provide guidance on exploiting your design rights through the use of licensing agreements.

Trademarks and passing off

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All business owners understand the importance of protecting their brand identity and reputation. A business name and/or a logo can be protected by registering it as a Trademark. ‘Passing Off’ does not require registration and gives automatic protection against unfair imitation of a business logo, name or associated ‘get-up’. Our intellectual property solicitors can provide you with advice on protecting your brand identity and the options available where you believe your rights are being infringed. We can also advise on the possibility of obtaining revenue from your trademark through the use of licence agreements and sales contracts.

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