Intellectual property: the basics

Intellectual property covers a wide range of business assets, from copyright to trade marks, and patents to design rights. If you have a business, you are likely to own intellectual property and make use of other people’s intellectual property within your business activities.

This guide explains where to find information about the different types of intellectual property, how you can protect your rights and avoid infringing the rights of other intellectual property owners.

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What is intellectual property?

Intellectual property lets people own the work they create. It can be any of the following:

• brands and logos
• inventions
• software
• designs
• music
• books
• poems
• paintings
• photography
• other kinds of creative work

Intellectual property can be very valuable, and there are businesses, such as computer games companies, that exist simply to develop intellectual property or even take advantage of it.

It is important to protect your business by securing your intellectual property rights. It is equally important to avoid infringing the rights of other businesses.

For more information, see the following guides on this site:

• protecting intellectual property explains how to conduct an intellectual property audit and the legal protection available to you
• digital intellectual property and your business gives information on the importance of digital intellectual property such as software, photography and designs to your business
• intellectual property crime and your business explains how to avoid infringing intellectual property and outlines the penalties and problems if you do so.

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How you can protect your intellectual property

The way you can protect your intellectual property depends on what exactly it is:

• Copyright is granted to the person or organisation that creates published artistic work, which includes writing, film music and computer software. Unlike most other forms of intellectual property, copyright is granted automatically when the work is first published. For more information, see our guide on copyright for your business.
• Patents protect inventions, including the features and processes that make things work. For more information, see our guide on how to get patent protection for your business.
• Trade marks are symbols that differentiate between goods and services and can be logos or brand names. For more information, see our guide on how to use trade marks in your business.
• Designs can be protected by registering them, and through design right. For more information, see our guide on design right and registration.
• Digital intellectual property can be protected in other ways than using the law, such as encryption and using digital signatures. For more information, see our guide to digital intellectual property and your business.

Did you know?

There are several Government or affiliated organisations who offer a range of products and services that can help your business with design, innovation, intellectual property, measurement and standards needs.

Download a full list of services provided by these organisations for more information [opens in a new window].

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Patents

Patents are a valuable form of intellectual property, and like all property, you should protect them. If you have a patent and someone uses it without permission, you have the right to claim for compensation.

Applying for a patent can be complicated, and some products need to be protected by a number of different patents. You may need to use a patent agent to help present the application and make sure you are not infringing anyone else’s intellectual property rights.

For more information, see our guide on how to get patent protection for your business.

You may be able to use someone else’s patent with permission.

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Copyright

When you create a literary, dramatic, musical or artistic piece of work, you will be granted copyright automatically. If someone you employ creates this for you during their normal course of employment, then you will own the copyright unless an agreement has been signed stipulating otherwise.

Copyright covers works such as company documentation, software, songs, original paintings, drawings or photographs. Copyright also protects sounds recordings and films.

If you own a copyright, you can decide whether to:

• allow other businesses or people to use the copyrighted work
• allow work to be copied, adapted, published, performed or broadcast
• allow other businesses to use work for a royalty or licence fee
• sell the copyright

For information on copyright protection and what to do if you think there has been a copyright infringement, see our guide on copyright for your business.

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Trade marks

Trade marks set apart your products and services as different from other suppliers. They can be signs, logos, words and names, and there are rules on what can and cannot be registered as a trade mark. Trade marks are highly valuable and can be a major influence on your marketing and your recognition in the market place.

It’s important to protect your own trade marks and also to avoid infringing those of other users. For more information, see our guide on how to use trade marks in your business.

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Designs

You can protect the shape or arrangement of three-dimensional objects in two ways. You will automatically be granted design right, and in the UK this gives you protection from copying or misuse by other people or businesses.

You can also register a design. This may give stronger protection and allow you to extend your design right to other countries. For more information, see our guide on design right and registration.

You must avoid infringing another owner’s design right. If you want to use someone else’s design, you may be able to come to an arrangement with the rights owner.

You cannot register two-dimensional designs such as textile patterns, wallpaper designs, or graphic design and they do not have automatic design right. If you want to protect them, you should use copyright. See the page in this guide on copyright.

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A start-up intellectual property checklist

Even if your business is a start-up, you can have intellectual property, and it is important to make sure it is protected. Issues to consider are:

• Have you registered your business, either with the tax authorities or with Companies House? The name of your business is an important asset and it is important to make sure it is not already in use by another business. Read our guide on legal structures: the basics.
• Do you have a logo which you can register as a trade mark?
  See the page in this guide on trade marks.
• Do you need to register a patent?
  See the page in this guide on patents.
• Do you need to register a design?
  See the page in this guide on designs.
• Do you need international protection for your intellectual property?
  See our guide on intellectual property protection overseas.
• Have you done an intellectual property audit?
  See our guide on protecting intellectual property.