IP essentials

The IP essentials subtopic provides a basic overview of IP law. It is aimed at commercial lawyers not specialised in IP.

What is intellectual property?

The World Intellectual Property Office defines IP as ‘creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce’. Broadly, the aim of IP law is to cultivate an environment in which creativity and invention can flourish.

In the UK, IP rights are registered with the Intellectual Property Office (IPO) though there are other entities which register rights at an international level.

The four most common IP rights are: patents, trade marks, designs and copyright. Other available IP rights and associated rights include: database rights, plant variety rights, semiconductor topography rights, geographical indications, trade secrets, confidential information and know-how. There are rights to prevent passing off and protection may also be available for spare parts and image rights.

For information about the various IP rights, see Practice Notes:

  1. Introduction to patents

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CMA speech outlines consumer protection progress under DMCCA 2024 consumer regime

The Competition and Markets Authority (CMA) has published a speech by its Acting Executive Director for Consumer Protection, Emma Cochrane, outlining the CMA’s progress and future priorities under the consumer protection provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). The speech reflects on the first 10 months of the regime, which came into force in April 2025. Cochrane describes the DMCCA 2024 as marking a ‘genuine shift’ in UK consumer enforcement, noting that, for the first time, the CMA can decide whether consumer protection laws have been infringed, rather than having to litigate through the courts, and can issue penalties directly where breaches are found. She says the CMA’s approach to exercising these powers is guided by its ‘4Ps’ principles: pace, predictability, proportionality and process. She also highlights the CMA’s publication of updated guidance and engagement with businesses to support compliance under the new regime, and points to the new banned practices relating to fake reviews introduced by the DMCCA 2024. Looking ahead, she says further enforcement action can be expected, particularly in areas of essential household spend and in relation to fake reviews, unfair contract terms and drip pricing where businesses fail to change their behaviour. She concludes that the CMA is beginning to see the deterrent effect of the new regime, with businesses investing in training and reviewing practices, and says the CMA will continue to use its new powers ‘thoughtfully, strategically and effectively’ to protect consumers and support compliant businesses.

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