Q&As

What are the key practical issues for a business to consider when exploiting its intellectual property rights?

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Produced in partnership with Robert Cumming of Appleyard Lee
Published on LexisPSL on 05/06/2019

The following IP Q&A produced in partnership with Robert Cumming of Appleyard Lee provides comprehensive and up to date legal information covering:

  • What are the key practical issues for a business to consider when exploiting its intellectual property rights?
  • What IP rights are there?
  • Who owns the IP?
  • Revenue models
  • Monitoring and policing an IP portfolio
  • An IP audit checklist

What IP rights are there?

Most businesses will be familiar with the main IP rights of trade marks, patents, design rights and copyright. However, many businesses will also have database rights, trade secrets and confidential information:

  1. trade mark—A trade mark is a sign used to distinguish the goods and services of one undertaking from those of another. A brand name, design, or logo that a business trades under, to market its goods and services, may be registrable as a trade mark. A trade mark owner acquires the exclusive right to use the trade mark for the goods and services for which it is registered. Among other things, marks which are descriptive, or which are customary in the trade, cannot be registered. A registered trade mark can potentially be renewed indefinitely. For more information, see Practice Note: Introduction to trade marks

  2. patent—A technical invention which is new, involves an inventive step, and is capable of industrial application may be patentable. Patent protection lasts for a period of 20 years from the date of filing the patent application. A patent owner has the right to prevent others from making, using, selling, or importing the patented invention without their permission. A patent cannot be registered in respect of a literary, dramatic, or artistic work, a discovery, scientific theory, mathematical model, or most computer programmes. For more information, see

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