Intellectual Property

Intellectual Property (Patents, Trade Marks and Designs)

What do I need to know about intellectual property and my rights?

Intellectual property is a term that includes patents, registered trade marks, passing off, copyright, registered and unregistered design rights, performers' rights, trade secrets and breach of confidence. Passing off is when someone falsely represents their (usually inferior) product or service for yours. Whether you are a start-up or a large company, your intellectual property - your inventions, brands and designs - are likely to be your most valuable assets. That intellectual property belongs to you and is generally known as Intellectual Property Rights (IPR).

If your IPR is being infringed, you must act quickly. Within days of instructing a barrister, you may be able to ask the court to grant an injunction (a court order having an immediate effect) to prevent any further infringement and quickly protect your market, up until the time of the trial. The court will only do so if you have a good case and have acted without delay.

Similarly, if you have been threatened with immediate court action by someone who claims you have infringed their IPR, you should seek advice as soon as possible so that the threat against you may be evaluated by a specialist barrister and you have the advice you need to decide what to do next.  Getting early advice may also save you high legal costs if someone brings a successful challenge against your IPR.

Why choose a barrister?

IP barristers are specialists whose legal knowledge is backed up by powerful technical and industry experience. They can advise you on cost-effective ways to protect and extract maximum value from your inventions and ideas, your trading name and reputation and your business secrets and designs. Your barrister will help you defend patent infringement claims and challenge the patents of competitors.  

Barristers who are specialist in intellectual property matters work with a range of industry sectors, among which are mobile phones and tablets, automotive technology, pharmaceuticals, biotechnology, fashion, toys, electronic games and sport, media and the arts.

Is mediation right for me?

If you are in dispute over an intellectual property issue, you don’t have to go to court. You should also consider mediation, which can be less stressful and cheaper. myBarrister can connect you to specialists in mediation who can help you resolve your dispute.

Which barrister should I choose?

If you need expert legal advice on a trade mark, design or patent issue, choose a barrister on myBarrister. Barristers will provide you with guidance so you that you know where you stand and can take the right decisions about what to do next. We can put you in touch with a barrister who can advise you on any proceedings that you need to take or defend.

Search for Intellectual Property Barristers.


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