Having been immersed in the creative industries sector, whether in the interior design world or as CEO and co-founder of Anti Copying in Design (ACID), there is no doubt that the intellectual capital underpinning the UK’s impressive design sector is significant.

What do I mean by that? Intellectual capital is the intangible value of a business, covering its people, it’s what sets you apart from your competitors, often described as human capital, your know-how, creative ability, design talent or technical skill. It’s also about the value relating to your business relationships. Think about your client base, the special relationships you have built, for example, often this is described as your relational capital. And of course, not forgetting what is left when the employees go home. You may own or rent a building, and this is the structural capital of your business. And in the same way you may think about the property you own or rent, intellectual property is exactly the same, it is a property right and a key part of your intellectual capital.

So, in the same way that you can own, rent, sell or share your property, your intellectual property is exactly the same. The bottom line is you don’t want squatting or anyone using your home or business premises without your permission. So maybe its now time to go back to basics and really examine this important asset to ensure that you know and understand the basics.

Intellectual property protection is even more paramount in the context of today’s political and economic challenges.

Do you know what intellectual property rights you own?

There are 4 main types of intellectual property right. These are copyright, design right, trade marks and patents. Every business will own some degree of intellectual property and if you are a creative or design business then this will most likely form the major asset value of the business. It is important that you consider your business assets and what rights you may have in them.

As a general rule copyright covers artistic or literary works, (also think images on your website, any technical data, your marketing material; design right covers the shape of products that are new or not commonplace and trade marks cover brands, logos and company names. Patents are for inventions which are new.

You can learn more about these rights on the ACID website or by attending an IP masterclass run by ACID. If you have specific questions as an ACID member you can also make use of free initial legal advice from an ACID legal affiliate.

Do you know all of the intellectual property rights available to you?

It is important that you know which rights may be available to you or your business in order that you can maximize the protection of those rights. If you have created a work which is original whilst resident in the United Kingdom, then that work will qualify either for copyright protection (if artistic) or design protection. Design protection relates to both your UK design right and also (currently) to EU design right protection though this may change with Brexit.

Anybody can register a trade mark for a word, phrase or logo so long as the mark is not descriptive of the goods or services it is intended to cover. If you do not register a trade mark you can still have rights in something if through your use of it you have developed a reputation in the market associated with the particular word, phrase or logo.

Do you know which intellectual property rights you can register with the Intellectual Property Office to maximize your protection?

Copyright arises automatically and does not need to be registered. However, it is important to keep records and evidence of ownership. A simple © symbol and your name and the date on your work is a good idea. ACID members can lodge their copyright and design works on our IP Database. Each lodgment has its own tamper-proof unique number and you can also download a certificate which confirms the date it was lodged.

Design right is split into unregistered design right and registered design right. Unregistered design right arises automatically and does not need to be registered. Registered design right, as the name suggests, does need to be registered. The act of registering increases the protection for a design both in terms of what is covered and the length of protection. www.ipo.gov.uk

Trade marks need to be registered and can last forever once registered if you keep renewing it. If you do not register a trade mark and somebody copies your mark then you need to show that you had a reputation in the market for your mark and that the infringer had passed off their product as yours, by reference to the mark. This is known as passing off. Once registered, designs and trade marks are placed on a public register which makes it easier to prove and enforce your rights.

Patents need to be registered and require the services of a patent attorney because they are much more complicated.

Do you know how to register and renew your registered intellectual property rights?

Intellectual property rights are registered and renewed at the Intellectual Property office for the relevant territory where the registration is being made, which is normally the UK or the EU. Registrations and renewals are normally handled online on the relevant website and it is possible to handle these yourself.  If you have questions or concerns about the process or whether a mark or product is suitable for registration you can contact an ACID legal affiliate who will be able to assist or handle the process for you.

Trade marks are registered in respect of the goods or services that the trade mark is intended to be used for. You can extend the protection of a trade mark or design to other worldwide territories through the World Intellectual Property Office. This process can be complex, and we would recommend that you seek legal advice if this is something that you are considering.

Trade marks and designs are both registered for an initial 5-year period and can then be renewed every 5 years. Designs can be renewed a maximum of 5 times (up to a total of 25 years) and trade marks can be renewed in perpetuity. The oldest trade mark on the register dates from 1876!

Have you registered your company name and/or the name of your brands and ranges as trade marks in the appropriate classes?

It is a common misconception that registering a company and company name at Companies House is all that is required. This is false, registering at Companies House does not give you any rights in the name of your company. Registering the name as a trade mark with the Intellectual Property Office is the only way to secure your rights, and the same is true of product names, logos etc. It is also important that such a registration covers all of the classes of goods or services which you do business in or think you may do in the future.

Registering a trade mark is relatively inexpensive. The cost online of applying for a trade mark is £170 with an extra £50 for each additional class of goods or services you may want the mark for. We would therefore recommend that this is something you look to do at the earliest opportunity to maximize your protection.

In the next article we will examine priorities in design registration, protection of IP rights in overseas territories, being aware of when your IP rights are infringed, the necessity to create a proactive IP monitoring system in place and what steps you should take if you find someone has copied you.