If you use your time and skill to create something unique you deserve to have it protected. This is covered by Intellectual Property law. We provide advice in relation to the rights listed below:
Trademarks: This is a right that you register with the Intellectual Property Office and which gives you the exclusive right to use a distinctive sign (symbol, scent, jingle, word or name) in relation to a product or service. Protection may be renewed indefinitely.
Passing Off: This enables someone to protect a distinctive sign, or trading name that may not be able to be trademarked, or that has not yet been trademarked. It is a right of action that can be taken against someone who is trying to pass your product off as their own, or confuse consumers as to where the product originates from.
Copyright: This is not a registered right, but protection arises automatically when an original literary, dramatic, musical or artistic work is created. The author of the work can protect their creation to prevent unauthorised copying and adaptation. Copyright protection can be for the life of the author plus 70 years.
Moral rights: These rights are not able to be registered and cover various issues in relation to copyright including the right to be known as the author of the work, the right to oppose derogatory treatment of the work and various economic rights.
Design law: This covers various different areas of law regarding the physical and visual appearance of a product. Some designs can be registered, whilst others achieve protection automatically under the unregistered design right doctrine. Copyright overlaps with this area of law to provide further protection. Broadly speaking the functional aspects of a design or article cannot be registered. Protection can last between 15-25 years.
We can advise and/or represent you in disputes in relation to Intellectual Property Rights including:
- Cease and Desist letters
- Undertakings to do or not do something
- Mediation or negotiation
- Court proceedings including Injunctions
We can advise on the sale or transfer of Intellectual Property Rights and advise on agreements for freelance staff or those looking to employ freelance staff.
