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Regardless of the relative size of your business, and the type of IP you own, it is important that you clearly identify the potential risks at play.
Regardless of the relative size of your business, and the type of IP you own, it is important that you clearly identify the potential risks at play. Not only this, but it is also important for you to clearly establish what your intellectual property rights are and what you can do to get the most out of them.
Our intellectual property experts can work alongside you to carefully review any existing intellectual property you own, advising you on your potential rights and the most effective strategy for ensuring that they remain protected. We can also draw up a plan to manage any risks that the intellectual property may face, providing you with the tools you need to act accordingly.
If you have reason to believe that your intellectual property rights have been infringed for any reason, it can be difficult to know where to turn. That is where the guidance of our experienced solicitors will prove invaluable.
Our team can support you with enforcing intellectual property rights against third-party infringement, advising you on the most suitable approach for doing so.
Depending on your circumstances, and the type of intellectual property rights you are seeking to enforce, this may include seeking and interdict (injunction) to prevent any further infringement or an order for damages.
While the first port of call will typically be to agree on a voluntary solution when enforcing your intellectual property rights against third-party infringement, we can robustly defend your interests during any subsequent court proceedings.
There may be a scenario where you stand accused of intellectual property infringement. It is important to note that, just because someone is making a claim against you, this does not mean that your actions amount to infringement, nor does it mean that the intellectual property in question could not be used.
In these situations, we can analyse and assess the claim, considering whether the alleged rights holder does have access to the rights they are seeking to enforce, whether your actions were infringement and whether a defence is available.
Using this information, our intellectual property solicitors can establish an effective defence on your behalf.
Safely transferring intellectual property rights to a buyer when selling or restructuring a business is often an essential step to make, but it is also one which should be done with the assistance of an expert in intellectual property rights.
Equally, if you simply intend to assign your intellectual property to someone else for profit, it is essential that you understand the steps that need to be taken to ensure that everything goes ahead as intended.
This will often include drafting a comprehensive intellectual property agreement that deals with various matters, including the specific rights you are assigning, the price being paid for the intellectual property assignment and any indemnities in place for validity and non-infringement.
Yes, your intellectual property can be legally protected. The exact protections you have will often depend on the exact type of intellectual property you claim ownership of.
You can put intellectual property protections in place for the following:
Copyright is a specific type of intellectual property. It serves to protect any original pieces of literary, dramatic, musical and artistic work. It can also include any non-literary written work, such as software, web content and databases.
It should be noted that copyright does not need to be registered in the UK. It is automatically assigned when work is created.
If you believe that your intellectual property rights have been infringed, and you would like to start formal legal proceedings, you sometimes need to demonstrate that you have made some attempt to reach a settlement out of court.
If this is not appropriate, you can proceed to file formal legal proceedings, either through the Intellectual Property Office (IPO), or through the courts.
Our team of highly experienced intellectual property solicitors in Scotland have a wealth of combined expertise in addressing various types of intellectual property matters, having previously worked alongside businesses of all sizes and in a variety of industries.
Our team is comprised of members who have been recognised for their skills and expertise by the Law Society of Scotland and in the independent legal directories the Legal 500 and Chambers & Partners and who hold various professional memberships.
We also have a deep understanding of various other corporate law matters that are likely to tie in closely with intellectual property, data and technology. Visit our corporate law page for further information in this regard.
To discuss your requirements regarding IP, Data & Technology with a member of our expert Data & Technology team, please get in touch today.
Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.
