Intellectual property Definition

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What does Intellectual property mean?

The trade secrets of an employer that are normally protected as registered trade marks, designs or copyright.

Many businesses will possess highly confidential information, designs, trademarks and copyright which are protected as Intellectual Property under the Copyright, Designs and Patents Act 1988 and the Patents Act 1977. This legislation protects the employer's intellectual property from being misused or abused by employees or other third parties. Quite often an employer will also regulate the position further in the contract of employment, particularly for senior employees.

View the related checklists about Intellectual property

MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Contractual considerations for the procurement of artificial intelligence—checklist

Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...

UK design infringement action—flowchart

UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Timetable for disclosure—Business and Property Courts disclosure pilot Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action...

EU trade mark registration—flowchart

EU trade mark registration—flowchart This Flowchart provides an overview of the EU trade mark (EUTM) registration process as implemented by the EU Intellectual Property Office. It covers the key stages of application; publication; opposition; registration; cancellation and expiry. For more information about applying for an EUTM (including use of the fast-track procedure), see Practice Note: EU trade marks (EUTMs). For an example search sheet setting out instructions as to the scope of the clearance searches to be conducted prior to

Measuring the in-house legal team

Measuring the in-house legal team This Practice Note discusses how in-house legal teams can use metrics such as staffing, spend, income and client satisfaction to demonstrate their value. Metrics are a useful tool to increasing self-awareness, implementing strategic improvements, focusing on reducing costs, increasing the influence of your legal function and developing and motivating your team. Why measure? Self-diagnosis Identifying trends and the current state of play, for example, workload, spend and staffing. Implementing strategic improvements Gathering the information you need to build business-wide support for your management strategies, for example:—maintaining headcount—pushing work to the business—outsourcing or insourcing—de-skilling or skilling-up—technology or further investment Focus on reducing costs A true focus on savings means keeping on top of data on costs or income, for example:—monitoring volume of external spend, discounts and rebates under alternative fee arrangements—building a platform from which to work closely with finance and procurement functions to achieve further savings Increasing the influence of your legal function Helping your legal team to become a key influencer...

GDPR—FAQs for Insolvency Practitioners

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit—implications for data protection FAQs for Insolvency Practitioners These FAQs were drafted by Allison Broad at the Institute of Chartered Accountants in England and Wales (ICAEW) with contributions from Caroline Sumner at R3 and staff at the ICAEW, Institute of Chartered Accounts Scotland (ICAS) and the Association of Chartered Certified Accountants (ACCA) to provide guidance jointly for members of the ICAEW, the Insolvency Practitioners Association (IPA), ICAS, the ACCA, Chartered Accountants Ireland and R3. Originally posted on 29 May 2018, these FAQs set out some key issues for insolvency practitioners (IPs) to consider when...

Discover our 1373 Practice Notes on Intellectual property

Intellectual Property Rights (IPR) Schedule

The ScheduleIntellectual Property Rights 1 1.1 [ Copyright works Description of Copyright work Nature of work (eg literary, artistic, databases, etc) Date of creation of work (if already created) [Insert details] [Insert details] [Insert details]

Warranty limitations—pro-seller—share purchase agreement

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...

Dive into our 470 Precedents related to Intellectual property

What is the status of Regulation (EC) 110/2008 and Regulation (EU) 2019/787 in the UK following IP completion day? Are Articles 16 and 23 of Regulation (EC) 110/2008 still applicable?

What is the status of Regulation (EC) 110/2008 and Regulation (EU) 2019/787 in the UK following IP completion day? Are Articles 16 and 23 of Regulation (EC) 110/2008 still applicable? Status of Regulation (EU) 110/2008 Regulation (EU) 2019/787 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages came into force on 24 May 2019. Article 49(1) of Regulation (EU) 2019/787 provides that Regulation (EC) 110/2008 (on the definition, description, presentation and labelling and the protection of geographical indications of spirit drinks) is repealed with effect from 25 May 2021, save that Chapter III (which covers geographical indications, and which contains Articles 16 and 23) is repealed with effect from 8 June 2019. See Articles 49 and 50 of Regulation (EU) 2019/787 for derogations from Article 49(1) and transitional measures. Status of Regulation...

Where an employee has insufficient length of service to claim unfair dismissal, could they nevertheless bring a claim in the employment tribunal (ET) on the basis that the employer breached their contract of employment such that it terminated their employment? What is the ET’s jurisdiction to hear a breach of contract claim in those circumstances?

Where an employee has insufficient length of service to claim unfair dismissal, could they nevertheless bring a claim in the employment tribunal (ET) on the basis that the employer breached their contract of employment such that it terminated their employment? What is the ET’s jurisdiction to hear a breach of contract claim in those circumstances? Where an employee has insufficient length of service to bring an unfair dismissal claim under the statutory regime set out in Part X of the Employment Rights Act 1996 (ERA 1996) (ERA 1996, s 94), if the circumstances of the termination are not such that the statutory qualifying period for bringing a statutory claim is reduced or dispensed with entirely, any termination of their employment will need to be considered in terms of common law principles. For further information, see Practice Note: Qualifying period for unfair dismissal. Under common law, if an employer dismisses an employee in breach of contract, eg dismissal without notice due under the contract, then such a dismissal would be wrongful. For...

See the 285 Q&As about Intellectual property

IP weekly highlights—31 October 2024

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.

Exam board secures first digital 'Newcomer Injunction'

Law360, London: An exam board has secured the first digital 'newcomer injunction' to prevent attempts to distribute its test materials, following a landmark UK top court judgment that paved its way last year, the law firm leading the case announced on 29 October 2024.

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