Intellectual Property

“Intellectual Property” covers trade marks, copyrights, design rights, patents, database rights and usually confidential information and domain names.

 

These rights can be bought and sold and with the exception of confidential information and domain names they can also be licensed and charged.  There are certain legal requirements when dealing with IP rights and failure to comply with such requirements can mean that you do not own the rights that you have paid for. Intellectual Property can be extremely valuable to businesses and clients often require legal services to ensure that their intellectual property is fully registered and protected.

 

Spectrum can provide access to lawyers who specialise in intellectual property including the areas below:

 

Creating Intellectual Property Rights

Some intellectual property (“IP”) rights automatically subsist on the creation of an original or novel work.  For example copyright, unregistered design rights and common law rights in trade marks.  Other IP rights do not exist until they are registered, such as patents, registered trade marks and registered design rights.

 

In some jurisdictions it is recommended that even though you have unregistered rights it is worth registering those rights to allow for full recovery of damages or the ability to litigate to protect those rights at all (for example copyright in the USA and China).

 

Certain IP rights are not available to you if you have already disclosed them to the public – for example patents and registered design rights.  Always use confidentiality agreements if you are disclosing your invention before you have filed a patent application to protect it, and act quickly if you want registered design protection so that you don’t fall outside the limitation period.

 

IP Disputes

Whether you are a claimant or a defendant if you are in a dispute involving intellectual property rights (i.e. copyright, design right, patent, trade marks or database rights) you will need specialist expertise.

 

Your dispute may not be about unauthorised use of intellectual property (“IP”) rights (infringement) but may involve an alleged breach of licensed rights or a co ownership agreement dealing with IP rights.

 

Good advice early on can help you either maximise your claim for damages or minimise your settlement costs and either way reduce your potential legal bills.

 

If the matter cannot be settled Intellectual property disputes are heard in specialist courts.  Alternative forms of dispute resolution include mediation and arbitration.

 

Insurance in relation to IP infringement can be an important investment and form a powerful part of your IP defence system.  IP litigation is expensive and if the other party knows you have insurance it may encourage them to settle and/or not pursue the action. You can obtain “before the event“ or “after the event“ insurance for IP disputes.

 

Other Intellectual Property disputes can include:

·         Trade mark infringement and/or passing off claims

·         Domain name disputes

·         Company name disputes

·         Copyright infringement claims

·         Database infringement claims

·         Patent infringement

·         Design right infringement claims

 

A licence is a right granted by an IPR owner to use its Intellectual Property.“IPR” or “Intellectual Property Rights” or “IP” or “Intellectual Property” refers to property rights protecting intangible (or untouchable) assets that result from the creativity of the human mind giving the owner of such rights legal protection to prevent others from their unauthorised use for a certain period of time. Examples of such rights are Trade Mark Rights, Copyright and Design Rights.

 

There are many different kinds of licence including:-

•     Patent Licences
•     Trade mark licences
•     Copyright Licences
•     Design Right Licences

To maximise the income from your intellectual property (“IP”) assets you may wish to license their use to third parties. This may be appropriate if you are not in a position to exploit the asset yourself either because you do not have the time or the contacts or the right equipment.

 

If you own rights which can be licensed to third parties in other countries/areas then a licence might be the best way to exploit your IP rights as you may not have the language skills or local knowledge to do so.

 

Data Protection and Privacy

Data Protection is an area of increasing importance in the new technological age and is a rapidly developing area of law. The difficulty faced by Organisations trying to achieve compliance has meant that this area of law has been increasingly plunged into the media spotlight over recent years.

 

 

This, together with the UK Information Commissioner’s relatively new power to fine organisations up to £500,000 for breach incidents and dawn raid powers - already in place for the public sector and expected to come soon for the private sector -  has meant this area has developed from a “nice to have” to a “must have”.  Ignoring data protection issues carries a genuine threat of large fines, potential imprisonment and serious adverse PR.

 

Data Protection & Privacy Law matters which Spectrum can assist you with may include:

 

Data Protection Compliance Audits, Privacy Impact Assessments & Compliance Implementation Plans

Carrying out detailed company-wide assessments or ICO privacy impact assessments of an Organisation’s data processing activities. These are usually carried out by designing relevant questionnaires, interviewing staff, reviewing current policies and procedures and compiling reports setting out compliance levels and recommendations on practical steps that are needed to address areas of risk and best practice

 

Compliant data transfer inside and outside the EEA

Advising on how to transfer information internationally by using, for example, the European Standard Contractual Clauses, Binding Corporate Rules, Safe Harbor scheme, consent based transfers or Adequacy Self-Assessment

 

Data Retention Audits & Policies

Carrying out company-wide assessments of an Organisation’s data retention needs by designing retention questionnaires, interviewing staff, reviewing current policies and procedures and compiling compliance reports. Drafting Data Retention Schedules to help ensure on-going compliance on a practical level

 

Compliant e-privacy and direct marketing campaigns

Advising on how best to exploit your customer databases without breaching the raft of complex legislation (including the Data Protection Act and Privacy & Electronic Communications Regulations) governing these activities

 

Fair Collection Statements, Website Privacy Policies and Health Checks

Drafting or reviewing fair processing information / data collection statements and privacy policies as well as reviewing data collection forms and methods of obtaining compliant opt-in and opt-out consents

 

Liaising with the UK Information Commissioner and other EU supervising authorities

Assisting with ICO investigations and minimising risks of enforcement action

 

Internal and External Facing Data Protection Policies, Handbooks and Procedures

Drafting and reviewing data protection policies and procedures to ensure compliance with the legislation and best practice where appropriate

 

Data Processing Agreements

Where you are a data controller in relation to personal data held and you decide to appoint a data processor to carry out certain business functions for you (for example, payroll activities, contractors, call centres, mailing houses, debt collectors etc.) you are required by law to have a written agreement in place with that processor setting out certain key provisions. We can assist in drafting stand alone agreements, clauses for insertion into your main agreement or side letters where existing contractual arrangements are already in place

 

Handling Subject Access Requests and Complaints

Assisting with the handling of and making of subject access requests and complaints in relation to data processing activities

 

Data Protection Helpline

We are happy to discuss provision of a fixed cost data protection helpline service to assist you with your day to day data protection queries

 

Data Protection Law Training

We can provide tailor made in-house data protection training for your organisation

 

Advising on data protection issues associated with the procurement of new business and IT systems

Including advice on the use of Privacy Impact Assessments to consider risk when procuring or implementing such new systems

 

To discuss any of the above services, please contact This email address is being protected from spambots. You need JavaScript enabled to view it.