Intellectual Property

Intellectual property is an intangible asset that primarily relates to or is derived from knowledge. Unfortunately one of the primary problems with intellectual property is that, like physical property, it can be stolen or used by third parties without your consent.

It is important to note that some intellectual property rights are created automatically however others are not. Therefore to gain rights at law certain procedures must be followed before the law will recognise ownership of intellectual property.

Failure to comply with the applicable procedures may result in you losing your intellectual property.

So far as the law is concerned, intellectual property includes:

  • Patents, often used when creating or improving products or processes;
  • Trademarks, often a word, phrase, picture, logo, sound or smell used to distinguish a business or enterprise.
  • Designs, often used when creating a product that has a specific shape or appearance;
  • Copyright, often used when creating literary works, audio, visual works, art or computer programs or systems.
  • Circuit layout rights, often used when creating configuration for electronic circuits or layout designs;
  • Plant breeders rights, often used when creating new varieties or species of plants;
  • Confidentiality/trade secrets, often relate to the creation of processes and techniques associated with the business or enterprises.

Disclosure of the intellectual property or information or documentation relating thereto prior to obtaining legal advice and following any prescribed requirements to secure ownership may not only result in the loss of an asset but also in the loss of any income that could have been derived from such intellectual property.

How We Can Help

We can assist by:

  • Identifying what type of intellectual property protection you require;
  • Highlighting requirements and procedures in order to obtain legal ownership of the intellectual property;
  • Drafting licence documents setting out the terms of use of the intellectual property;
  • Identifying issues of concern and pitfalls;
  • Aiding you in applying for registration of intellectual property on your behalf (for certain types of intellectual property);
  • Developing business structures to both protect and maximise the benefit of your intellectual property.

For further information please contact: