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Intellectual Property Ownership and Rewards
Establishing the rights to intellectual property (IP) can be complex, we are experts in advising on who the rightful owner of any IP right is, and how they can assert that right.
Our team of expert intellectual property solicitors are skilled in the management, protection and exploitation of IP, providing legal advice to a range of different markets.
How JMW Can Help
The team of intellectual property solicitors at JMW has worked with all types of businesses across the country. From the very start of the process, we will make sure we dedicate time and effort to understand your needs, and will act as an attachment of your business to help you reach your objectives.
We will provide swift, clear and pragmatic advice about your options, timescales and costs, so you can make the best decisions for your business.
As a full-service law firm, we have the resources available in other departments, such as data protection, commercial and employment law, to help you should you require assistance from another legal expert.
The Ownership of Intellectual Property Rights
Intellectual property ownership is not as straight forward as the ownership of normal property rights, such as your home. Your home will be registered with the Land Registry and, for the most part, it will be almost impossible to challenge your ownership - IP rights are different.
While there are intellectual property registers for design, trade mark and patent rights, those registers are open to and often are challenged. Some examples include:
- You have been operating under a brand name for many years and someone else seeks to register your brand name as a trade mark, they may well be successful, unless you successfully object with enough evidence of earlier use
- You have designed a product outside of work, but your employer claims it for their own and registers it
- You have invented an innovative process, but another business, which you pitched that process to, files a patent
There is also a great deal of confusion as to ownership of copyright, particularly in relation to software when third-party developers or contractors develop the code.
Furthermore, many inventors are unaware that they may be entitled to an additional ‘fair share’ reward from their employer if their invention has resulted in a patent that has generated large revenues.
Talk to Us
If you need legal assistance with the ownership of intellectual property or want to exploit the benefits of a strong, protected IP, contact JMW Solicitors today.