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Intellectual Property law is an area of law concerning the legal rights related to creative effort or commercial reputation and goodwill. Its subject matter is wide and includes literary and artistic works, films, computer programmes, inventions, design and marks used by traders for their goods or services.
It is important that these assets are protected from potential competitors, so you control how you exploit them. To do this, you will need the advice of a specialist intellectual property dispute Solicitor to ensure legal recognition and enforcement of the ownership of your IP rights.
Myerson is a nationally recognised law firm with a large team of Intellectual Property Solicitors. Our IP team is ranked by the prestigious Legal 500 law firm directory. It provides unrivalled strength in advising on complex IP issues. Therefore, you can be assured that you will receive the best quality advice and service.
Our specialist IP litigation team advise clients on a broad range of IP matters from initial registration and exploitation / lawful use through to protection and enforcement. Our team is also highly experienced in business disputes involving intellectual property.
Myerson is a member of the Intellectual Property Lawyers Association (IPLA) which is an association of law firms with an established IP department. We have extensive and details experience in the conduct of IP disputes in the UK.
We have a close working relationship with trademark and patent attorneys and regularly liaise with them to register trademarks, patents and design rights in the UK, EU or internationally on behalf of our clients.
Myerson is the Manchester and Cheshire law firm member for the MSI Global Alliance, a top 20 ranked, leading, international association of independent professional firms. As the IP matters we deal with often involve an international element, we can call upon the expertise and knowledge of our fellow MSI members to ensure that your global interests are protected.
We would welcome the opportunity to review your IP portfolio and discuss your requirements in detail with you. We can work with you to compile IP strategies that ensure your IP is protected.
We offer a wide range of commercial and dispute resolution IP services to our clients. Please click on the links below to find out more:
If you need advice about an intellectual property dispute then please call us on 0161 941 400 or use our contact form for your consultation.
Copyright protects against the copying and unauthorised use of another’s work. It is important to understand what rights you have when you create original work and how you can stop this from being exploited without your consent.
Copyright automatically arises on the creation of original literary, dramatic, musical and artistic works and lasts for 70 years after the death of the author. The creator of the work is usually the first owner of the copyright in it.
Copyright protects against the copying of another’s work and the physical expression or representation of an idea, but it does not protect against independent development of the same idea. It allows the owner to prevent the unauthorised use of the work, such as making copies or uploading the work to the internet.
Myerson’s specialist IP team is ranked by the prestigious Legal 500 law firm directory and Our IP team specialises in both contentious and non-contentious IP matters.
Myerson is a member of the (Intellectual Property Lawyers Association) IPLA and its IP team has extensive and detailed experience in conducting IP disputes in the UK.
We can assist you on a wide range matters affecting your copyright such as drafting copyright notices, drafting confirmatory assignments of existing and future copyright, and enforcing copyright claims.
We provide practical, commercial and coherent advice and can deliver a complete service with support from our Property, Employment, Commercial, Dispute Resolution and Private Client teams.
If you need advice about copyright infringement then please call us on 0161 941 400 or use our contact form for your consultation.
Patent law is a very complex area, and it is recommended that you work closely with a patent attorney / specialist lawyer to discuss any patentable inventions you may have.
Patents provide inventors with a legally protectable monopoly over their inventions and protect new and innovative technical features of products and processes. They last for a limited period (20 years in most countries).
To qualify for patent protection, an invention must be new, involve an innovative step, be capable of industrial application and not specifically excluded from protection. To obtain a patent, an application needs to be filed. This is normally with the patent office of the country where the inventor works.
The process for registering a patent is not easy and can be expensive. It is, therefore, recommended that you seek advice of a specialist lawyer to guide you through the process.
If you need advice about patent infringement then please call us on 0161 941 400 or use our contact form for your consultation.
A trademark protects branding for businesses including product names, logos, acronyms, slogans, trading styles and even colours. Trademarks are a very valuable form of IP because they become associated with quality and consumer expectations in a product or service. It is, therefore, vital for you to identify, register and protect your businesses’ trademark and to understand what rights and remedies are available to you if it is breached.
A trademark is a symbol, word or words used by a trader to distinguish its products or services from those of others.
Trademark owners can apply for a Community trademark (CTM) or a UK trademark. A UK registered trademark is only enforceable in the UK, whereas a CTM is enforceable throughout the EU. Each type of registration lasts ten years and is renewable for further ten-year periods.
It is possible to register trademarks throughout the world, although it is advisable to initially register them in the countries where the goods or services are to be supplied.
To be registrable, a trademark must be distinctive, capable of being represented graphically, capable of distinguishing goods or services, and not excluded by statute.
If you need advice about trademark infringement then please call us on 0161 941 400 or use our contact form for your consultation.
Passing off is a form of IP law. It is the wrongful act of misusing the “get-up” or “look and feel” of a brand and enables a court to protect the business goodwill associated with a particular name or mark used in the course of trade. The effect of passing off can be highly damaging to your business. Therefore, if you suspect your name or mark is being copied by someone else, then we recommend that you seek advice from a specialist solicitor to discuss your options.
An action in passing off may be used to enforce rights in an unregistered trademark to protect any goodwill in a mark.
To bring a claim for passing off, it must be shown that the owner has a reputation in the mark, that a misrepresentation that could mislead the public has occurred and damage has been caused.
Bringing a claim for passing off can be difficult and costly to prove, and specialist legal advice will often be required.
If you need advice about passing off then please call us on 0161 941 400 or use our contact form for your consultation.
Design rights protect the design of 3D objects which can cover designs of colour, shape, texture and materials. Design rights can be registered or unregistered - providing different levels of protection. If you have a design that you wish to protect it is vital for you to seek early legal advice to discuss the options available to you.
To have a registered design right, design owners can apply for a UK Registered Design mark or a Community Registered Design mark.
A registered design must meet certain criteria and must be novel, of individual character and not excluded by statute. Protection lasts up to 25 years and the rights are renewed every 5 years. Registering a design can be relatively low-cost and is appropriate for industries such as fashion where design is fundamental in recognising and selling the product.
If a design is registered, subject to meeting the criteria, it will have a right against copying. Protection is given at both the UK and EU level; however, the EU right is much broader, but only lasts for 3 years. The UK right gives 10 years’ worth of protection from when the product was first marketed.
A design may also be automatically protected in the EU as unregistered community designs. This provides 3 years from copying.
If you need advice about design right infringements then please call us on 0161 941 400 or use our contact form for your consultation.
For many businesses their website is an essential part of their brand and customer experience. It is, therefore, very important to be aware of what domain name rights you have especially if this is closely linked to your organisation’s brand.
A domain name is the part of a URL that is unique to a particular website (for example Myerson.co.uk) Domain names are capable of being registered with an accredited registrar. They can also be registered as trademarks.
Conflicts can arise where different parties have competing interests in the same domain name. Dealing with domain name disputes can be technical and are dealt with by specialist Courts or by specialist organisations such as the Internet Corporation for Assigned Names and Numbers (ICAAN).
If you need advice about domain name disputes then please call us on 0161 941 400 or use our contact form for your consultation.
One of the most valuable assets of a business is information. Where this information is confidential in nature it is usually protected by the law of confidence – for example a secret formula, a method of manufacture, or a list of customers and suppliers. From a commercial perspective certain confidential information could give a company an edge over other competitors. Therefore, it is important to obtain specialist advice to identify and control the flow of confidential information and take necessary legal action where this has been compromised.
The law of breach of confidence preserves trade secrets and confidences. For information to be protected, it must be confidential in nature and disclosed in circumstances imposing a duty of confidence. The basic principle is that a person who has received information in confidence cannot take unfair advantage of it or use it without permission of the owner. There is often a crossover with confidential information and other IP rights such as copyright.
Disputes can arise where there has been unauthorised use of information deemed confidential giving rise to a claim for misuse of confidential information which can lead to damages and/or injunctive relief.
If you need advice about a confidential information dispute then please call us on 0161 941 400 or use our contact form for your consultation.
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Jonathan is a Partner in our Commercial Litigation department
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Vicky is a Senior Solicitor in our Commercial Litigation department
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