IP Info: How To Protect Your Intellectual Property
These FAQs are for general guidance only. Specific legal advice should be taken depending on the precise facts in question.
Product Design
> What's mine and what's theirs?
About a year ago I worked with a retailer to design a range of ceramic table ware. The retailer organised the manufacturing and I have been paid some money for my involvement. I signed a contract but I am not sure what I am entitled to. I don’t mind if the retailer carries on with the range but I would like more money.
Briffa says: You need to see what was agreed in the contract. Did you sell your copyright outright or did the retailer only acquire limited use rights? If the latter you may be able to negotiate a further fee.
> New innovation = protection?
I have developed a new way of processing waste products which results in a new material which has properties which may be especially advantageous for use in making furniture. Can I protect this idea?
Briffa says: Your idea may be protectable as a process patent and you should consider filing for a patent. See further Own It fact sheet on Patents. You should also search The Patent Office web site to find patents in this field as they give good clues as to whether what you have is novel and inventive, the basic tests you have to pass to be granted a patent. They will also give you an idea of the potential value of your process as compared to others. If you are considering patent protection, it is important that you do not disclose your idea to any other person before the date on which you file a patent. If you do need to discuss the idea with others prior to filing make sure you ask them to sign a confidentiality agreement. See Own It Fact Sheet on Confidentiality .
> Manufacturing abroad - what about protecting designs?
I have designed a range of cooking utensils and have found a manufacturer in China to work with and a distributor for Europe. How can I protect myself against others copying the utensils which are quite distinctive?
Briffa says: As you are commercialising your design you may wish to think about registering them as designs for added protection, See Own It Fact Sheet on Registered Designs. You may also need to think about protecting the brand. As you are manufacturing in China you should consider these protections in China even if you do not intend to sell there for the time being. Registrations in China would be useful in helping prevent copying in this region. As well as protecting your intellectual property you need good contracts with your manufacturer and distributor which set out the detail on how you will work together.
