Our intellectual property solicitors, London
Our specialist intellectual property solicitors, London, advise business owners and entrepreneurs on a broad range of issues, including how to protect and make the most of their creative IP assets.
Our IP lawyers understand the value in new ideas and provide legal solutions to business innovators on every step of the journey to help them maintain their competitive edge.
The role of intellectual property solicitors
Intellectual property (IP) solicitors specialise in providing legal advice and services related to all aspects of IP law. Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. Our intellectual property team, based in the heart of London, help individuals and businesses protect, enforce, and manage their intellectual property rights. Listed below are some key aspects of what specialist intellectual property lawyers do:
Advising on IP rights:
IP solicitors provide advice on various intellectual property rights, including patents, confidential information and trade secrets, trade marks, copyright, and design rights.
As part of their intellectual property services, our solicitors assist clients in registering their intellectual property rights as trade marks with the relevant authorities, such as the Intellectual Property Office (IPO) in the UK or the European Union Intellectual Property Office (EUIPO).
Intellectual property solicitors specialising in patent law help inventors protect their key assets by obtaining patents. This involves conducting patent searches, preparing and filing patent applications, and managing the patent prosecution process.
Trade mark law:
Solicitors in this area of law can assist clients in registering trade marks, trade mark clearance, protecting brand names, logos, and symbols. They may also handle trade mark litigation and disputes including trade mark infringement cases and passing off disputes.
IP solicitors provide guidance on copyright protection for original literary, artistic, and musical works. They may also assist in dealing with copyright infringement issues.
Solicitors help clients protect the visual design of their products through design rights. This includes advising on registration and handling disputes related to design infringement.
Intellectual property licensing and contracts:
IP solicitors draft and negotiate licensing agreements and contracts related to intellectual property. This could include licensing patents, trade marks, and copyright to third parties.
IP solicitors conduct due diligence in business sale transactions to assess the intellectual property assets to be transferred and risks involved. This is common in mergers, acquisitions and licensing deals.
IP strategy and portfolio management:
They help clients develop and implement strategies for managing and making use of their intellectual property portfolios effectively.
IP disputes and IP litigation:
In cases of intellectual property disputes, solicitors may represent clients in court proceedings, arbitration, or alternative dispute resolution proceedings to enforce their IP rights. They may also help to defend against claims of infringement.
Intellectual property disputes
Intellectual property disputes arise when there are conflicts or disagreements related to the ownership, use, or infringement of intellectual property rights. These disputes can involve various forms of intellectual property, including patents, trade marks, copyright, and trade secrets.
Types of Intellectual Property Disputes
- Patent disputes: Patent disputes often involve claims of patent infringement or challenges to the validity of a patent.
- Trade mark disputes: Trade mark disputes concern unauthorised use of trade marks, brand names, or logos, as well as disputes over registration and infringement.
- Copyright disputes: Copyright disputes involve issues, such as unauthorised reproduction, distribution, or public display of copyright works.
- Trade secret disputes: These types of disputes arise when someone unlawfully acquires, uses, or discloses another party’s trade secrets.
- Domain name disputes: Typically, domain name disputes involve issues over the registration or use of domain names that are identical or similar to existing trade marks.
Causes of IP disputes:
- Infringement: Infringement is when one party uses another party’s intellectual property without permission.
- Validity challenges: Disputes may arise over the validity of a patent or the registration of a trade mark.
- Ownership disputes: Ownership disputes may arise regarding who owns the rights to particular intellectual property.
- Licensing and contract disputes: Disagreements often arise over the terms of licensing agreements or contracts related to intellectual property.
- Misappropriation: Misappropriation refers to unauthorised use or disclosure of trade secrets or confidential information.
IP dispute resolution methods:
- Litigation: Litigation revolves around filing a claim or lawsuit in a court to resolve the dispute.
- Alternative Dispute Resolution (ADR): Methods such as arbitration or mediation can offer a quicker and less formal way to resolve disputes.
- Cease and desist letters: Often the initial step, where the aggrieved party requests the alleged infringer to stop the infringing activity.
- Negotiation: Parties may engage in negotiations to reach a settlement or licensing agreement.
IP disputes may have international dimensions, especially in today’s globalised economy. Issues of jurisdiction, recognition of foreign judgments, and cross-border enforcement can complicate resolution.
Enforcement and remedies:
Successful resolution may involve obtaining injunctions to stop infringing activities, damagesand an award of legal costs. The type of remedy sought depends on the nature of the infringement and the applicable laws.
Preventing IP disputes:
Law firms specialising in intellectual property can help in the prevention of IP disputes by helping with the following:
- Clear contracts and licensing agreements can help prevent disputes.
- Conducting thorough searches and due diligence before registering or using intellectual property can help avoid conflicts.
How can South Bank Legal assist?
Our market leading intellectual property solicitors, London act for a range of clients that include software companies, Fintech start-ups and online retailers.
South Bank Legal’s specific expertise includes:
- Intellectual property commercialisation
- Intellectual property and brand protection disputes, including passing off, copyright infringement trade mark issues and trade mark infringement
- Trade mark registration
- Design rights
- Business trade secrets and protecting them via confidentiality and non-disclosure agreements
- Software and IT contracts
- Software Development, Licensing and Distribution
- Domain Name Disputes
- E-Commerce compliance including data protection and website terms of business
If you are a business or individual seeking advice from an expert solicitor in the technology and IP fields, you can with South Bank Legal today for a confidential discussion. We provide the highest levels of service and care to our clients.
We can be contacted using the form below, or via telephone at 02035765179.
Get in touch today