Buckworths advises start-ups, scale-ups, entrepreneurs, and high-growth businesses on protecting and commercialising their intellectual property. We advise on trademarks, copyright, design rights, IP disputes, technology agreements and licences, and brand protection.
For many of the businesses we work with, IP is the most valuable asset the company holds. Getting the right protection in place early, and enforcing it when necessary, can make a significant difference to the value of the business at exit.
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Intellectual Property Services
FAQs
IP created by employees in the course of their employment generally belongs to the employer. IP created by freelancers or contractors belongs to them unless there is a written agreement assigning it to the company. IP created before incorporation belongs to the founders personally unless formally transferred. These issues are critical for start-ups seeking investment, and we advise on IP ownership and put the necessary assignments in place.
You do not have to register a trademark, but registration gives you much stronger rights. A registered trademark gives you the exclusive right to use the mark for the goods and services it covers and makes it far easier to act against infringers. We advise on trademark strategy and file applications in the UK, EU, and internationally.
Copyright protects original creative works such as software code, written content, designs, and artwork. It arises automatically on creation without registration. A trademark protects your brand identity including names, logos, and slogans. It must be registered to get the full benefit of protection. Many businesses need both, and we advise on the right combination for your business.
Act quickly and contact us. The right approach depends on what rights you hold. Steps typically include: 1. Sending a cease and desist letter requiring the infringer to stop immediately. 2. Applying for an interim injunction if the infringement is causing urgent damage. 3. Bringing an infringement claim in the courts or using the UKIPO's dispute resolution process for trademark disputes. Delays weaken your position, so we advise taking action as soon as possible.
Yes. Original software code is protected by copyright as a literary work under UK law. Copyright arises automatically without registration. The key issue for start-ups is making sure the company actually owns that copyright, which requires written assignments from any contractors or freelancers who contributed to the code.