Copyright & Design Infringement Proceedings
Put at its simplest, copyright is a right to prevent copying of original material. Unlike trade marks and patents, copyright is an unregistered intellectual property right, meaning that it arises automatically upon creation of the work without a need for formal registration.
Importantly, copyright does not protect an idea, but rather the expression of that idea, particularly in the form of literary, dramatic, musical and artistic works. It also protects sound recordings, films, broadcasts, cable programmes, tables or compilations, computer programs and their preparatory design material, and databases.
In essence, the skill and labour invested in a creation is protected. This means that business letters, websites, company logos, advertising leaflets, photographs, manufacturing and engineering drawings, charts, plans and sales brochures, can all fall within the definition of a copyright work.
Copyright infringement
Copyright allows the owner of a copyright work to control the use of its original work, and to commercially exploit the work by assigning (transferring) or licensing the work. Given that copyright is an intangible right, there is much scope for dispute as to who owns a copyright work and who is entitled to exploit it. We are experts in assisting businesses and individuals in protecting their copyright works and preventing third parties from unlawfully misappropriating their hard work.
The growth of the internet and on-line services and content, in particular in the publishing, PR, communications and entertainment sectors, means that copyright is still a key intellectual property right of critical importance to many organisations.
We have the technical knowledge and constantly evolving experience of the new mediums through which copyright works are distributed to ensure clients receive the most commercial and cost effective advice appropriate for the sector in which they operate. We are known for fiercely defending our clients’ rights when threatened.
While we have in-depth expertise in dealing with all kinds of emergency injunctive relief, we recognise that court action will not always be appropriate and all the solicitors in our team strive wherever possible to assist clients in resolving disputes without the need for litigation. We have extensive experience of all types of alternative dispute resolution including arbitration, mediation and expert determination.
Design rights
Design rights can protect a shape from being copied, whether that shape is dictated by aesthetic or purely functional reasons. A registerable design right is also a monopoly right, which allows the holder the exclusive right to stop the use of the design on any products.
Both registered and unregistered designs are useful weapons in the armory against infringers and counterfeiters, albeit in our experience they are often under-used intellectual property rights.
The multiplicity of the four types of design rights, with their overlapping protection (albeit for different periods of time) makes this a complicated area of intellectual property law, with businesses preferring to rely on more well known rights such as trade marks and copyright. Design rights can, however, offer equally effective and powerful protection. It is critical that in difficult economic times, when businesses are increasingly looking to their intellectual property rights to give them a competitive edge, clients receive focused and practical advice as to the protection and exploitation of any and all intellectual property rights available to them.
Design right infringement
A claim for the infringement of registered or unregistered design rights can be used to drive a commercial deal with an opponent. Our specialist team is expert at formulating the technical aspects of such claims such that our clients are well positioned to negotiate the resolution of disputes with infringers without it becoming necessary to resort to the cost of court proceedings.
However, if such court proceedings become necessary, we are well equipped to deal with large, complex and business critical disputes. Our lawyers are commercially focussed and our strategy is to resolve disputes quickly and effectively in-line with our clients’ business objectives.
We consider that our fee rates compare favourably with our regional and national competitors and, when appropriate, will act on a blended rate or fixed rate basis. We provide our clients with detailed budget setting out the costs of each stage of the anticipated litigation, using our bespoke costs software and with the assistance of our in-house costs analyst.
We can further offer clients in certain cases our "Advantage" product. Pannone “Advantage” is an insurance backed and conditional fee based dispute resolution service. Given our proven track record, we have delegated authority with one of the UK's largest legal costs insurer which allows us to place our clients' cases on an insurance policy of up to £2million as regards their opponents' costs.
Our innovative product can help transfer the risk and costs associated with a dispute. Litigation is traditionally seen as hard to control in terms of costs, and risky in terms of outcome. With “Advantage”, our clients retain control and can deal with disputes knowing that their financial risk has been minimised.
We have very strong links with specialist intellectual property chambers who we use, when necessary, to ensure our clients receive the very best commercial advice.
Intellectual property solicitors
To arrange a discussion with an intellectual property solicitor click here or call us on 0800 840 4929.
