Employer’s ownership of employee-created IP

IP created by an employee during their employment is initially owned by the employer. While the Copyright, Designs and Patents Act (1988) established this rule, it also introduced compensation for employees if a patented invention significantly benefits the employer. Employment contracts should address ownership or assignment of IP, outlining the outcomes once inventions are realised and profits accrue. In practice, patented inventions are very rarely of such outstanding benefit to the employer that they could entitle to an employee to an additional payment outside of their contractual terms and conditions.

IP in outsourced development

Outsourcing development is valuable but involves risks due to reliance on third parties. Generally, IP created by an external party belongs to them. Your company won’t own this IP unless a contract states otherwise. Formal agreements are crucial in maintaining ownership. Without a formal agreement you will at best have an implied licence to use the IP you have paid for.

The vitality of initial IP ownership

Securing ownership of your IP from the outset is paramount for your business and its longevity. It prevents rebranding due to unpermitted logo usage or legal notices from larger corporations. Though ownership involves initial costs, it’s an investment in your business’s identity and protection against unauthorised claims. If you cannot establish ownership of your IP, you may struggle to obtain investment or a favourable exit from your company when the time is right.

Assigning intellectual property – how it’s done

IP assignment is the process of transferring legal ownership from creators or consultants to the intended entity. The process is straightforward yet requires precision. Having legal representation for both parties is advantageous. Acting as your lawyer, we facilitate a formal written assignment, signed by the assignor, unambiguously transferring all IP rights to the assignee.

Keeping your ideas safe

Now you know how to keep your ideas safe with intellectual property rights. It’s like putting your name on a drawing so everyone knows it’s yours. Whether you’re starting something new or passing your work to someone else, we’re here to help.

Let’s talk about how to keep your creations protected.

What is a TM7A?

A TM7A, or a Notice of Threatened Opposition, is an online form that gives opponents an extra month to potentially oppose your trademark application. It’s a heads-up that someone might contest your trademark, but it doesn’t mean opposition is definite. It does however extend the uncertainty and stress while you wait for your application to be registered or opposed.

You could get a TM7A if your application seems very similar to an existing registered mark. The owner of the earlier mark gets your application info to consider opposing it. Another way is if companies monitor trademark registers for similar marks and decide to challenge your application by filing a TM7A.

What happens next?

Once a TM7A is filed, we, as your representatives, might receive a letter from the opponent or their representatives. They could suggest changes to your application, like adjusting classes or removing certain goods/services. Keep in mind, they might also oppose your application entirely.

If they choose to oppose, they must officially file a Notice of Opposition (TM7) within the three-month opposition period. If they do not oppose within this period, they still may seek cancellation of your trade mark through another mechanism.

Your choices

Getting a TM7A doesn’t mean your application will be opposed. You have options:

• Contact the Opponent: This can often lead to a resolution without official opposition. Both parties might agree on changes to coexist peacefully.
• Take No Action: You can wait out the three-month period to see if a TM7 is filed. If not, your application proceeds.
• Defend or Withdraw: If a TM7 is filed, you’ll know the grounds for opposition. You can then decide whether to fight or withdraw.

It is important to point out that if you receive a TM7A and your application is then opposed, you may be liable to pay the opponent’s costs even if you withdraw your trade mark application.

Navigating TM7A notices with confidence

Understanding TM7A notices is crucial when your trademark faces opposition. It can be confusing and overwhelming, but knowing your options empowers you. If you need guidance or representation, our team is here to help. We’re dedicated to working with you to find the best approach for your situation. Feel free to connect with us for detailed advice tailored to your needs.

Patents – protecting innovations

Patents guard your inventions, giving you exclusive control over how they’re used. This monopoly lasts up to twenty years (subject to payment of renewal fees), keeping competitors from benefiting from your breakthroughs. Patents cover functions, utility, composition, and purpose, giving you the confidence to showcase your best work.

Trademarks – defending your brand identity

Your brand’s identity is crucial. Trademarks protect its core – from names to visuals, colours to sounds. A registered trademark acts as a barrier against copycats that might harm your brand’s reputation. This sturdy shield can last indefinitely (subject to payment of renewal fees every 10 years), securing your unique identity.

Copyright – shielding creative works

Copyright shields your creative works from unauthorised use. As soon as you create something, you’re protected. It empowers you to control how your creations are used, without needing formal registration.

Designs – safeguarding appearance

The look and feel of your products deserve protection. Registered designs are the way to go. They give you legal power over your product’s visual elements – patterns, shapes, and decorations. From five years, up to twenty-five years, it’s the reassurance and security you need. Unregistered designs are helpful too and can provide protection for up to 10 years from first marketing of a design. However, registered designs are much easier to enforce.

Trade secrets – protecting valuable insights

Trade secrets hide your business’s strategic gems – market insights, profits, and competition data – giving you an edge. This covert protection stops unauthorised access and secures your competitive advantages. Trade secrets last indefinitely, provided they are managed properly, offering ongoing protection.

For IP, partner with Panoramix

These intellectual property rights are your allies in safeguarding creativity. Whether it’s your intricate designs or the business insights that give you an edge, our expert team is here to guide you through the often-complex world of intellectual property. With a deep understanding of IP across various industries, we’re your partners in success. We will help you knit your IP rights together in the most appropriate way and work with you to monetise these most valuable assets.

Let’s secure your business’s success. Reach out to us today.

Understanding 3D printing and scanning

• 3D Printing: Imagine creating a three-dimensional object layer by layer using a computer-designed blueprint. This method, known as 3D printing, turns digital plans into real-life objects.
• 3D Scanning: Picture analysing a real-world object or person, capturing data about its shape and size through photos. This data forms an interactive digital 3D model.

IP concerns in scanning and printing

Creating copies of 3D objects through scanning and printing might sound harmless, but it can raise copyright or design issues. The Copyright Designs and Patents Act 1988 restricts how copyright protected works may be copied or used. Ignoring these fundamental rules could lead to copyright or design infringement.

This is a very murky area of law as there are many exceptions to infringement that could apply in your specific circumstances. The only way to be sure of avoiding infringement is to speak to an IP adviser with experience in this field.

Exceptions to infringement

One exception comes in the form of at-home consumer 3D printing. For personal use, this generally doesn’t violate trademark, design, or patent rights. As soon as the 3D printed articles are advertised for sale, most exceptions will generally cease to apply.

Another “exception” lies in the creation of digitized 3D models by an R&D team to create new products. Provided that such digitization is carried out behind closed doors, the risk of legal problems occurring is remote. 

Navigating the grey area

Navigating IP rules in the 3D realm isn’t straightforward. 3D scanning and printing are controversial within the IP world, making clear guidance challenging. If these technologies are vital for your business, ensure that you do not copy objects that are clearly protected by copyright. This is the best way of avoiding potential conflict in the future. For example, digitizing fossils and then printing those fossils for sale would be considered safe.

Facing legal action

Legal trouble looming due to 3D scanning or printing?  As your trusted IP law firm, we can assess potentially infringing designs and models. Often, disputes can be resolved through well-crafted communication. If not, we’re here to bolster your defence.

Navigating the complex 3D world with Panoramix

Ready to navigate the 3D realm confidently? Reach out for personalised guidance and expert legal support. Our devoted team is ready to safeguard your intellectual property.

Together, let’s lay the foundation for a secure future for your creative endeavours. Contact us now.