Guide to IP Services

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Blake Morgan provide a complete service to not only those who use IP, but to those whose business is IP. This guide will give full details about Intellectual Property and our services.

Creation and ownership

Intellectual property (IP) is created by individuals exercising inventive or creative skills.

Rights to IP can arise automatically (copyright, design right), following formal application for grant or registration (patent, trademarks, registered design right) or through contractual or quasi-contractual means (confidentiality, usage).

Whilst we can assist in applying for trademarks and registered designs, and the drafting and negotiation of patent licence agreements, we do not assist in the process of applying for patents.  See our useful links for details on patent agents who would be able to help.

An IP right is generally owned by or available to the creator, or if the creator was employed to do that sort of work, by his/her employer.  The right in commissioned works (except industrial designs) generally belongs to the creator, not the commissioner, unless the commissioning contract provides otherwise. 

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Intellectual Property Protection

Intellectual property (IP) can be a very valuable asset but is a complex area of law - disputes can be costly and distracting.  IP is protected by registration/grant, by contracts and by court action.

Registration/grant

Formally granted or registered rights are available for trade marks, registered design rights and inventions.  Registration can be effected for the UK, through the UK Intellectual Property Office or through the Office for Harmonisation in the Internal Market (OHIM) for the EU - see our useful links for details. 

The costs and registration fees involved depend upon the scope of protection sought.  Please contact the IP team on info@blakemorgan.co.uk for further details.

Contracts

Clear and comprehensive contracts make disputes less likely, providing evidence of ownership and rights should a dispute occur.  Contracts are essential for:

  • Development and commissioning
  • Joint development / ownership
  • Transfer of ownership
  • Confidentiality and non-compete
  • Usage (licensing)

Please click on the following pages for more information on trade marks/registered design and exploitation.

We can assist in the drafting and negotiating of patent license agreements, but not in the process of applying for patents. See our useful links at the bottom of the guide for details on patent agents, the UK Intellectual Property Office and the OHIM who would be able to help.

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Exploitation of IP/contracts

Intellectual property (IP) rights enable their owner to prevent others exploiting the relevant IP through:

  • Reproduction
  • Publication
  • Broadcasting or publicly showing
  • Manufacturing
  • Selling
  • Importing
  • Using

IP owners can also exploit their IP rights by charging others for exploiting their IP licensing or by swapping their rights with others, so both can then can complete the jig-saw of rights needed to use complex products or processes.

Finally, IP rights can be bought and sold.

We are experienced in advising clients on exploitation and contracting strategies, and the drafting and negotiating of contracts in:

  • Bio-technologies and pharmaceuticals
  • Confidentiality data usage
  • Endorsement and sponsorship
  • Franchising
  • International licensing
  • Joint ventures
  • Memorable telephone numbers
  • Product and process patent licensing*
  • Product development
  • Publishing (including e-publishing)
  • Software development and licensing
  • Book and magazine title sales
  • Trade mark and character licensing

By use of our friends and contacts in TAGLaw, the worldwide network of law firms, we can ensure that cross-border contracts work in other jurisdictions.

* We can assist in the drafting and negotiating of patent license agreements, but not in the process of applying for patents. See our useful links at the bottom of the guide for patent agents who would be able to help.

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Strategic Planning

Successful exploitation of intellectual property (IP), whether by usage, licensing or sale generally, requires strategic planning.

Strategic planning can cover:

  • Creation
  • Registration
  • Acquisitions (purchase or licensing)
  • Licensing
  • Portfolio management
  • Dealing with infringement
  • Grooming the business for sale

We pride ourselves on our ability to advise on appropriate IP strategies, as well as dealing with the negotiations and documentation that flows from the chosen strategy.

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Investigations

Those wishing to acquire or invest in intellectual property (IP) or an IP-based business need to know the validity and strength of the rights concerned.

In most cases, the formal registration of granted rights will only tell part of the story, so the investor should investigate the contractual and trade circumstances as well as the strength of the rights claimed.

We are experienced in carrying out extensive legal due diligence for purchasers and investors, and can co-ordinate strength and validity examinations.  Using our connections with our fellow members of  TAGLaw, the worldwide network of law firms, we can also organise and provide international legal due diligence.

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IP Disputes

Blake Morgan's team has extensive experience in dealing with all kinds of intellectual property disputes; using all forms of dispute resolution both nationally and internationally. See further details here.

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Trade Marks and Registered Designs

Our team handles UK and Community trade marks and registered design applications, oppositions and revocation applications, as well as managing trademark portfolios and advising on brand strategy. See full details here.

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Useful links

Blake Morgan's Intellectual Property team has compiled a list of relevant links for you.

Please click on the website address below for further details.

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For further information please contact: