Intellectual property rights in the UK

The factors covered are:

• The UK’s position on intellectual property rights

• Patents

• Trademarks

• Copyright

• Industrial design rights

• Sector-specific regulations

• Further information

The UK is renowned for strongly encouraging business competition, entrepreneurial activity and innovation. A key aspect of this is the protection of new ideas and concepts provided through intellectual property rights (IPR).

1. The UK’s position on intellectual property rights

The UK takes a fair, pragmatic and transparent approach in supporting companies to secure their IPR. The key organisation responsible for overseeing IPR in the UK (including patents, trademarks, designs and copyright) is the UK Intellectual Property Office (www.patent.gov.uk).

The Intellectual Property Office is also responsible for ensuring that the UK complies with the main international agreements on IPR. It is responsible for liaising with the World Intellectual Property Organisation (www.wipo.int), the European Union (www.ipr-helpdesk.org) and the World Trade Organization (www.wto.org/english) specifically in relation to the Agreement on Trade-Related Aspects of Intellectual Property Rights which covers 140 countries.

2. Patents

Technical inventions can be protected by patent. A patent is granted by the Government for an invention that is new, involves an “inventive step”, is capable of industrial application and is commercially viable. To apply for a patent in the UK, businesses need to develop a “patent specification” and lodge it with an application form at the UK Intellectual Property Office. For further information, please see: www.patent.gov.uk

The UK Intellectual Property Office strongly recommends that an application for a patent is developed using the services of a registered or chartered patent agent who will have the necessary skills and experience required to prepare the patent specification. For details of patent agents, please contact the Chartered Institute of Patent Agents at: www.cipa.org.uk

When the patent is granted it gives the inventor the right, for a limited period, to stop others from making, using or selling the invention without the permission of the inventor.

A UK patent will only provide rights to an inventor in the UK. It is important, therefore, that if an inventor wishes to protect the invention internationally, applications are made either to individual countries or to one or both of the following:

• in Europe, the European Patent Office (www.european-patent-office.org), and

• globally, the World Intellectual Property Organisation (www.wipo.int) under the Patent Cooperation Treaty, signed by over 130 countries.

3. Trademarks

A trademark is a sign that can distinguish the goods and services of one business from those of another business. Trademarks can be words, logos, pictures and/or sounds.

There are 45 classes of business activity in the UK under which a trademark can be registered. Registering a trademark costs £200 (and a further £50 for each additional class of business activity). Businesses have the choice of making their own application or of using the services of a Trade Mark attorney. For further details, please see the Institute of Trade Mark attorneys at: www.itma.org.uk

The initial registration of a trademark takes approximately two months. If there are any objections to the trademark, the business is entitled to appeal. If there are no objections to the trademark, the UK Intellectual Property Office publishes the trademark application in the Trade Marks Journal for a further period of three months. Provided there are no objections during this period, the trademark is formally registered and the applicant will receive a registration certificate.

For more information on trademarks, please see:

• for a UK trademark: www.patent.gov.uk

• for a European Community trademark covering all EU countries: www.ohim.eu.int

• for a global trademark: www.wipo.org/madrid

4. Copyright

It is not necessary to apply formally for copyright protection as the action of creating a piece of work forms the copyright.

Copyright covers various forms of intellectual capital including computer programs, databases, literature, technical drawings, art, music and films. For more information on copyright, please see: www.patent.gov.uk/copy.htm

5. Industrial design rights

These are rights granted to a designer where the aesthetic appearance or specific shape of an object, but not the technical invention, can be protected by means of a registered design. To apply for a UK industrial design right, applicants must complete form DF2A which is available from the UK Intellectual Property Office at: www.patent.gov.uk

In addition, European legislation allows designers to apply for a Registered Community Design for all European Union countries. For further information, please see: www.ohim.eu.int

6. Sector-specific regulations

There are specific regulations and protections relating to the following industries:

• Biotechnology

• Software

• The development of plant varieties

• Semiconductors

IPR related to these sectors is complex and professional advice may be required. For further information, please see: www.ipr-helpdesk.org

7. Further information

This information sheet was updated in November 2007.

As information changes from time to time, please contact the organisations listed or UK Trade & Investment to confirm any item that you intend to rely on.

This information sheet was produced by the Marketing Group of:

UK Trade & Investment

9th Floor

Kingsgate House

66-74 Victoria Street

London

SW1E 6SW

Tel: +44 (0)20 7215 4957

Email: enquiries@uktradeinvest.gov.uk

Website: www.uktradeinvest.gov.uk