Intellectual property is a property right established in law to exclude others from using your intellectual creations such as art, designs, and brand names, without authorisation. The law provides protections such as trademarks, copyright, and patents to ensure Intellectual property (IPs) are not stolen or violated, which is also considered an infringement. The Intellectual Property right of 2014 became a cornerstone in strengthening IP laws in the UK[1].
What is considered a violation?
Intellectual property rights are infringed when a piece of work or creation protected by intellectual property laws is used, copied, or exploited without the permission granted from the person who owns the rights. A common example of a Trade mark infringement is the unauthorised use of a brand name or slogan, in doing so imitators may profit from other brands identity or try to confuse customers into buying. Moreover, a common example of a copyright infringement is the use of a copyrighted material like music, vides or photographs without permission[2], here even unintentional use can lead to a legal claim from the copyright holder. Additionally, patent infringement is the use of a patent invention without the permission of the patent holder[3], as seen in the Apple v Samsung case where Apple accused Samsung of copying key designs and functionalities[4].
With the development of the digital world, IP infringement is becoming an increasingly topical conversation. There are also other methods that find ways to circumvent the legal protections obtained by those who owns the rights. The Digital space has created new forms of IP infringement such as copying content or using images and branding online without consent, this is an additional barrier for businesses expanding their online presence.
What are the Consequences?
The legal ramifications for IP violations can be both lengthy and costly as well as leading to reputational harm. The consequences vary depending on how the work has been used and the rights holder’s approach[5]. They may include:
Summerfield Browne Solicitors can advice you on intellectual property matters.
[1] https://www.legislation.gov.uk/ukpga/2014/18/contents
[2] https://www.legislation.gov.uk/ukpga/1988/48/section/2
[3] https://www.legislation.gov.uk/ukpga/1977/37/part/I/crossheading/infringement
[4] https://www.supremecourt.gov/opinions/16pdf/15-777_7lho.pdf
[5] https://www.gov.uk/government/publications/ip-crime-and-enforcement-for-businesses/ip-crime-and-enforcement-for-businesses
