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Intellectual property

Your intellectual property is a key competitive advantage for your business. The protection and enforcement of this is therefore essential to safeguarding the future of your business.

Our specialist intellectual property (IP) solicitors advise UK and international clients on how to both protect your brands, innovations and creative assets, as well as defend the misuse or infringement of them.

Our Intellectual Property Law Services

Napthens’ IP lawyers provide a full spectrum of contentious IP services. We support manufacturers, tech businesses, creative industries and beyond, from startup to blue-chip, across:

We also support on a wide range of non-contentious IP related issues, using a joined up commercially-focused approach with our specialist Commercial law team. Work here includes:

Why Choose Us?

  • Experience – Our IP lawyers each have at least 10 years experience and have held partner or director level roles in IP law.
  • Expertise – Our IP law team is entirely dedicated to matters of intellectual property.
  • Strategy – We aim for cost-effective and commercially-orientated outcomes in line with business goals.
  • Presence – Work with us across our Liverpool, Manchester, Preston, Southport, Kendal, Lytham and Blackburn offices.
  • Reach – We work with national and international business in protecting their UK-based intellectual property.
  • Reputation – Napthens is rated 4.9/5* on Review Solicitors, testament to our focus on achieving the right outcomes.

Contact the team today to speak with an expert.

Relevant Work

  • Advised a world-renowned motorsport business on its intellectual property, including management of its world-wide trade mark portfolio and multi-jurisdictional infringement issues.
  • Advised a large Cumbrian based business in respect of its extensive trade mark portfolio across multiple brands and group companies, including advising on IP rights arising in regular acquisitions by the business of other companies. 
  • Acted for a jewellery retailer in a trade mark exhaustion claim brought by a multi-national designer in the IPEC. Succeeded in overturning default judgment and settled the matter.
  • Acted for a sportswear company in multiple actions against a competitor including a design invalidity claim and a declaration for non-infringement of a patent.
  • Acted for a dog bed manufacturer in a design infringement case.
  • Acted for a print framing company in a design invalidity action at the IPO.
  • Acted for a company specialising in props for photobooths in an IPEC infringement matter, including an unusual award of costs payable to the client immediately on an application. This was reported in the legal press due to the unusual nature of the award.
  • Managed the world-wide trade mark portfolio for a market leading educational establishment including multiple oppositions in multiple territories.
  • Acted for a manufacturer of fire protection equipment in a professional negligence case following previous negligent advice received in an intellectual property dispute, recovering a high six figure sum for the client.
  • Assisted a USA based company to overcome two separate oppositions to its UK trade mark application, securing registration for the same and cancellation of one of the marks relied upon in the opposition.
  • Acted for a Cumbria based marketing agency in a trade mark dispute over its company name.
  • Assisted a national greetings card company to secure its brand through trade mark cancellation actions after their brand was registered by a third party.

FAQs

What is Intellectual Property?

Intellectual Property is a piece of property (in the same way a physical building is) but it relates to the intangible assets you have in a business. There are four main types of intellectual property, these are trade marks, designs, patents and copyright.

What is the difference between trade marks, designs, patents and copyright?

The main difference is around what they protect. Trade marks protect your name or brand, designs protect how products look, patents protect how products work and copyright protects artistic things you create which can include things such as website content.

Do I need to register my IP?

Patents need to be registered and copyright cannot be registered (in the UK). Trade marks and designs do not need to be registered but we would strongly recommend that they are as it makes protecting, commercialising and enforcing those rights significantly easier and cheaper. If you do not register a trade mark for your name or brand you are relying on the goodwill you have built in it (known as passing off) and somebody else may register it first. A design must be registered within 12 months of first being disclosed.

Can IP be bought and sold?

Yes; like any other piece of property, IP can be bought and sold. It can also be licensed (like renting) and can be used as security to obtain funding.

Where is my IP protected?

IP is territorial which means it only protects you in the territory where it is created, usually the UK. You can however extend your IP protection to other countries if you need to through various different international treaties and mechanisms. Read our guide on how UK businesses can protect their IP abroad.

What should I do if someone copies my IP or accuses me of copying theirs?

The most important thing is to get specialist advice quickly. IP is a specialist area of law with its own courts and procedures and so that expert advice is important. Our IP solicitors have extensive experience of these courts and procedures.

Contact us

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Key Contacts