Intellectual Property

Brand management is of paramount importance to any business seeking to enhance and benefit from the goodwill which attaches to its name and reputation. After all, your brand is what makes your business stand out from your competition.

Many businesses are under the misapprehension that they have a legal right to use their brand name or business name just because they have a company registered in that name or a domain name with that name.  This is not always the case and proactive steps normally have to be taken to protect your rights fully.  Please do not assume that you have legal protection, it is always recommended that you check your rights.

A common mistake we see is when IP rights are controlled solely by one director, employee or PR agency for businesses.  What happens if you fall out?  Sometimes businesses are held to ransom by former employees/ directors/ suppliers because IP rights are registered in the wrong name or controlled by the wrong person.

Successful brand management and protection ultimately results in brand loyalty within the market place. We advise all of our clients to take appropriate measures to ensure their approach to brand management is appropriate for the aims and objectives of their particular business.

Capital Law’s IP experts specialise in brand management and are experienced in advising clients on the following:

• identifying key strategies for the successful management of your brand, within your budget
• securing Trademark and domain name protection
• development and protection of your Trademarks and domain names including brand names and logos
• exploiting your brand through the negotiation and drafting of:
  • merchandising agreements
  • assignments
  • licenses
  • franchise agreements
  • sponsorship agreements
  • media contracts
• taking action against third parties seeking to unlawfully benefit from your brand, including obtaining preventative injunctions through the Courts or domain name dispute resolution.

Copyright and design rights play a fundamental role in protecting the work that your business has invested in creating. From business plans to design specifications and reports to artistic works, sounds, webcasts and even functional designs. It is important that all businesses, even those that would not normally be considered to be ‘creative’ in nature, ensure that that they afford their ‘works’ the best protection possible in order to preserve the value which attaches to them.

Capital Law's experts can advise you on:

• the different forms of rights, such as copyright, registered and unregistered design rights and determine what level of protection can and should be obtained in order to offer your business the most appropriate level of protection
• the steps which can be taken to enforce your copyright and design rights
• any moral rights you or any other party may have in a particular piece of work (for example, the author’s right to be identified as the creator of works even when the author no longer owns the copyright)
• database rights and related rights in computer programs
• the protection of business know how, Trade Secrets and Confidentiality.

In recent years, the commercialisation of Research and Development companies, university spin outs and technology companies has become big business. Technology now advances so quickly that it is essential that our clients get their new products to market as quickly as possible whilst ensuring that all intellectual property rights in the products are fully protected.

Capital Law’s IP experts have considerable experience in advising technology based businesses, with a specific emphasis on:

• securing appropriate Patent, Design Right, Copyright and Trademark protection and dealing with any subsequent infringement
• R&D development agreements, the commercialisation of university spin-outs, licensing and assignment of IP and regulatory considerations
• digital licensing, database rights and computer software
• confidentiality, know-how and trade secrets
• data protection issues.

The growth of the internet over the last decade has meant that even the smallest businesses can now reach a worldwide customer base with relatively little expense or outlay. For an ever increasing number of businesses, the internet is now the only medium through which they conduct business. Web based businesses are subject to a huge amount of regulatory legislation which dictates the way in which they are able to trade online.

Many businesses do not understand that their web developer normally owns all IP rights in their website which can come as a nasty shock. It is important to sort out ownership rights in the early stages to ensure you own your website and all IP rights in it and you can port your website if needed.

Despite having been in force for some time, businesses, including some of the UK’s largest plcs, continue to fall foul of the laws governing e-commerce, in particular B2C. It is imperative that your business not only complies with the laws governing e-commerce, but also takes steps to ensure that it is fully protected against the unlawful actions of other web users.

Capital Law’s IP experts have considerable experience in advising clients on all aspects of the law relating to business on the internet, including:

• the development of your own internet strategy, including setting up and maintaining an online presence, dealing with domain name disputes and management
• e-business and e-marketing
• database rights, confidential information and data protection
• an appropriate course of action to deal with domain name infringement
• website terms of usage, terms and conditions, privacy policies and other related policies
• drafting website development contracts, sub-contractor agreements, web and website hosting contracts, website content licensing
• all aspects of cross-border trading
• online advertising (legal restrictions on what you can and cannot say online).

Whether running promotions, advertising campaigns or just working with media in general, it is important to ensure that your business complies with the relevant regulatory and legislative requirements.

Capital Law’s IP experts can:

• advise on and draft standard terms and conditions, contracts and legal documentation
• advise on promotions and advertising campaigns, in particular regarding advertising laws
• advise on sales promotions and charity linked promotions
• advise on competitions and prize draws
• advise on sponsorship deals
• advise on working with the Media
• advise on compliance issues with the Advertising Standard Agency, Trading Standards Institute and other regulatory bodies.advise on compliance issues with the Advertising Standard Agency, Trading Standards Institute and other regulatory bodies.

Whilst the protection of your business’ IP portfolio is essential for your own use, it is also important to maximise the potential value of that IP by appreciating and exploiting the value in its use by others. We can assist you in identifying and quantifying the economic value of your IP portfolio and advise you in the best way to exploit it.

Our IP experts regularly advise on and deal with the transfer of IP rights, ensuring that all IP issues are tackled with the necessary commercial expertise.

Capital Law’s IP experts specialise in:

• advising on IP related aspects of corporate transactions, including mergers and acquisitions, investments and joint ventures
• managing the sale and purchase or IP and licence agreements through effective contracts
• ensuring due diligence is performed within corporate transactions appropriately to ensure all IP is adequately protected
• reviewing the ownership and valuation of existing IP portfolios to ensure they offer full protection.

It is important that, once your IP is sufficiently protected, measures are put in place to ensure its ongoing protection. It must be made clear who owns the IP within your company and what will happen to that IP in the long term. Continual review of the protection afforded to your IP is vital to ensure that the protection has not lapsed and that it extends far enough for its chosen purpose.

Capital Law’s IP experts specialise in:

• arranging IP audits and proposing recommended changes
• advising on tailored IP strategies and policies
• reviewing ownership and the valuation of existing IP portfolios and ensuring they offer full protection.

Our IP experts can help harness your business potential by protecting brand identity and exploiting opportunities. The IP experts can help secure crucial media contracts and ensure that all aspects of your IP are considered and adequately protected.

Capital Law’s IP experts specialise in advising clients on:

• IP related aspects of all media and television contracts, including defamation, breach of privacy, breach of confidence, malicious falsehood and engagement of principal personnel
• IP related aspects of sports law
• IP issues concerning use of the internet
• copyright and branding within creative industries
• the acquisition of and exploitation of IP rights
• commissions and programme development
• arranging for and executing rights clearances.

There will be occasions where your IP rights will be unlawfully infringed by others. In such circumstances, we can advise and assist you in defending your rights, prevent their further infringement and obtain compensation on your behalf. We will always look for a commercial solution to the problem to help you achieve your objectives in the most cost effective manner.

IP disputes can arise in a variety of situations and have become increasingly frequent through the use of the Internet. We can assist you in detecting and preventing potential infringements so as to minimise any potential damage to your business.

Our IP experts advise on:

• the steps which can be taken to protect your business’ IP from potential infringement
• actions for passing off
• actions against cybersquatters and typosquatters
• defamation claims.