Areas of Law

Intellectual Property (IP) means any original or unique creation or development made by a person’s intellectual ability and usually seen as an ‘intangible asset’. It has three main categories – trademark, copyright and patent, which further provides a range of rights to protect creators and developers. Intellectual creation refers to designs, names, symbols, images, literary works, artistic works, inventions, computer code, database, trade secrets and similar.

A business is made up of a unique or specialised product and services which has an economic benefit for the stakeholders. While such business will float in the market with extensive marketing and investment to maintain its profitability and sustainability, competitors or other individuals may infringe such Intellectual Property to generate profit, hence, affecting the original creator or developer’s rights. The technological advancement, including artificial intelligence, has made it even easier to copy someone else creation within a short period of time.

Whether you’re a startup, a growing business, or an established corporation, protecting your intellectual property rights is crucial for maintaining your competitive edge and preserving the integrity of your brand. RKM Law provides comprehensive IP legal services, including advice, claims for infringement of intellectual property rights, and trademark registration. With our guidance and expertise, you can rest assured that your intellectual property is in reliable hands.

While individuals and businesses protect their creation and development to differentiate their products and services from other businesses in the market, such creation can be infringed in a multitude of ways, including but not limited to,:

• Using the intellectual property of another person without authority or consent:
  • to generate profit;
  • causing confusion among consumers;
  • causing damage to the goodwill of the trademark owner;

• Copying or adapting or extraction or distributing or broadcasting copyrighted materials without permission.
• Supplying, manufacturing, using or selling patented invention without express permission
• Disclosing or misuse of trade secrets and confidential information without consent

Where an infringement of intellectual property is established, a claim can be filed in the Intellectual Property Enterprise Court or for claims over £500,000 in the Chancery Division of the High Court. It is fundamental that you seek appropriate legal advice before establishing any infringement as an unfounded claim or weak claim may result in unnecessary legal costs and time. There are several remedies available and includes:

• Making an application for injunction to the court to stop the infringing activity.
• Seeking damages for the loss suffered as a result of the alleged infringement.
• Making the infringer accountable for all profits made through the infringement.
• Forcing the infringer to surrender any infringing goods and materials.
• Forcing the infringer to destroy all infringing materials in its possession.
• Requiring the infringer to publish a court’s judgment at their own costs to ensure the public is not confused.

It is far more cost effective to protect your intellectual properties from the beginning of your creation or development than pursuing a claim of infringement. With the advancement of technology more and more businesses are investing in protection of their intellectual property. Many start-ups are required to show such protection when pitching in front of investors.

When creating or developing or inventing something, it is fundamental to have confidentiality and other relevant agreements in place and records of all original sketch, plans and notes pertaining to any creation, development or invention. Originality is key in proving ownership.

RKM Law is committed to assist you in protecting your intellectual property and design effective solutions to your business needs. With our in-depth knowledge of intellectual property law you can trust that your intellectual assets are in reliable hands. We will act for your and assist you in navigating the complex procedures involved in intellectual property.

Whether you’re seeking strategic advice, asserting your intellectual property rights, or registering a trademark, RKM Law can help. Contact us for a consultation and start protecting your intellectual property for long-term success.