Q: Can I license my IP to another business, and what should I look out for?
Yes, you can license your intellectual property (IP) to another business. Licensing your IP allows another party to use your IP (such as a trade mark, patent or copyright) in exchange for payment or other benefits. Revenue generation is likely to be the most obvious benefit of licensing your IP, however, there are others. For example, you may license your IP to expand your business geographically or into new product lines, or as part of other collaborative ventures.
Central to any licensing of IP is a well-drafted licence agreement. Avoid future surprises by paying close attention to the provisions of any proposed licence agreement. For example, are you offering an exclusive licence? Are you happy with what the agreement says the licensee can do with your IP? Is there a limit on where the IP can be used and for how long? What will you receive in return? Are there provisions for what should happen if something goes wrong?
A poorly drafted agreement may have costly consequences. Lack of clarity or drafting errors may lead to litigation, loss of control over your IP or even the accidental transfer of ownership.
Q: What should I do if I think someone is copying my product design?
If you think that someone is copying your design, it is important that you act promptly and that you work to understand your rights.
Firstly, start by gathering evidence. This might include screenshots, product comparisons, and any relevant communications or documentation.
You then need to check what rights you may have. It would be wise to contact an IP lawyer to discuss your options. If your design is registered, you will have stronger legal protection. However, even if your design is unregistered, it may be protected under design right or copyright law. Even so, your lawyer may advise that it would be beneficial for you consider registering any unregistered designs.
By way of reassurance, achieving a resolution does not necessarily need to be a long and costly process. If the infringing party is willing, you may be able to informally negotiate an agreement without needing to go to court or take more formal action.
Q: Can I use images or content I found online in my marketing?
The short answer is no; you cannot simply use images or content that you have found online without permission. Most content (such as images, text, videos and music) is automatically protected on creation by copyright law in the UK. Additionally, in the UK, copyright in artistic works lasts for longer than you might expect: it lasts for 70 years from the end of the calendar year in which the original creator dies.
Unless an exception applies (and that’s unlikely if you are intending to use the images or content for commercial purposes), using copyright-protected material without permission may lead to legal proceedings and reputational damage. Further, the deliberate infringement of copyright for commercial purposes may have consequences under criminal law.
The key here is to think before you click to copy and paste. If you have found something that you would like to use, check whether the content creator’s terms and conditions allow any reuse of the content and the circumstances under which you may do so (for example, it may say that you are able to reuse the work if you clearly attribute the content to the creator). If not, contact the copyright holder and ask for written permission to use their work.
Alternatively, you can find content by using reputable stock libraries. Again, if you choose to do this, make sure that your intended use aligns with their terms and conditions.
You can also choose to create your own content or engage someone to create the content for you. Just remember that, if you choose to engage someone, you will need to check that your agreement states that you own the rights in anything that is created on your behalf.
