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Patents, registered designs and trade marks need to be applied
for and you will only get protection if what you have is something
that can be protected by these types of IP.
The UK Patent Office accepts applications and grants rights
in each of these areas, but patents valid in the UK can also
be obtained from The European Patent Office (EPO) and registered
trade marks valid in the UK can be obtained from the Office
for Harmonization in the Internal Market (OHIM). You should
note that for security reasons an application to the EPO has
to be cleared by the UK Patent Office first.
Copyright, design right and performers rights are three important
unregistered IP rights that you might have. The protection
is automatic - there are no fees to pay or forms to fill in.
If you have something that is capable of protection in these
areas, you may have it even if you do not know it. Even if
protection exists, it is sensible to take precautions which
are explained more fully under the relevant subject area of
IP.
Many things can be protected by more than one type of IP.
However, different IP rights give you protection in different
ways so you need to check carefully what protection you may
already have and what protection you could apply for. Where
IP has to be applied for, it is advisable to do this at an
early stage - you will not be granted the patent or registered
design protection if you have already disclosed it to the
public.
Getting advice at an early stage could be very useful. Things
that you might need to consider include confidentiality issues,
how you might enforce your rights and insurance protection.
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