Intellectual Property Solicitors

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Intellectual property (IP) is at the core of your business brand and reputation. At Witan Solicitors, we are commercially minded and we understand the importance of your IP assets and your ideas for the future of your organisation. Our specialist intellectual property solicitors possess the legal expertise to ensure that your IP rights are protected when you are involved in a complex intellectual property dispute.

Our IP solicitors in London, Birmingham and Northampton specialise in the enforcement of intellectual property rights, as well as bringing and resolving IP infringement claims. We can advise you on matters regarding all types of intellectual property, such as product design, copyright, trademarks and patents. 

If you think your copyright has been infringed or confidentiality has been breached, our intellectual property lawyers will be able to defend your rights in the Intellectual Property and Enterprise Court (IPEC) or in the High Court. We also have a proven track record of winning Tribunal cases for our clients, so you can always rely on the Witan Solicitors team to provide you with expert legal representation. 

To speak to our intellectual property solicitors and protect your valuable ideas, get in touch with us today at info@witansolicitors.co.uk.

Our Services

Our intellectual property specialists can advise on a range of issues, including:

• Commercialising Intellectual Property – Our experts can advise on selling or buying rights to use content, brands, designs, inventions and other intellectual property. We can also help you determine whether it is best to use a license to allow the use of intellectual property without changing ownership or to transfer full ownership
• Copyrights and Confidential Information Rights – To help you get the maximum protection for your creative output or knowhow, we will advise you on how to qualify for these rights
• Intellectual Property Audits  – We will carry out a comprehensive review to identify your IP risks and help you maximise the commercial value
• Intellectual Property Strategies – We will design an IP strategy that aligns with your commercial goals
• Patents – Our legal experts can review and file patent applications
• Protection Product Designs and Brands – We can help you apply for registered trademarks or design protection and even address any objections to ensure that you get the protection you deserve
• Resolving Disputes and Enforcing Rights – We will help you achieve the best possible outcome whilst avoiding expensive litigation where possible
• Reputation Risk Management – Our defamation solicitors will help you protect your reputation

Areas of Practice

Our range of expertise includes:

• Maximising Intellectual Property Rights – With your business goals in mind, we will develop a strategy to help you protect and safeguard your current and future creative ideas
• Enforcing Intellectual Property Rights Nationally and Internationally  – We will help you stay ahead of the competition and enforce your rights against infringers
• Clearing Trade Marks – We will conduct thorough clearance searches to establish whether the same or similar trademark is already being used
• Registering and Managing Portfolios  – We can manage all legal processes related to registering and maintaining trademarks
• Dealing with Misrepresentation and Trade Mark Infringement – Even if your rights are unregistered, we can help you protect your business and brand
• Protecting Against Counterfeiting – Our specialists can advise on legal and enforcement strategies to protect your reputation
• Dealing with Copyright Infringement – Our copyright licensing specialist will act quickly to help you protect your business against copyright infringement
• Creating Patent and Design Right Agreements – We have a proven track record of successfully creating agreements to protect your intellectual property
• Protecting Confidential Information – To protect your trade secrets, we can help you put restrictive covenants and intellectual property clauses in employment contracts. If a breach of confidentiality arises, we can help you pursue legal action
• Reviewing Intellectual Property Assets – We will highlight any risks and identify any opportunities
• Protecting Your Brand – If your reputation is at risk, our corporate lawyers can help you protect your business

Our Awards

We are immensely proud of the Commercial team, whose outstanding work has been recognised by SME News and APAC Insider.

How Our IP Lawyers Can Help

We specialise in intellectual property infringement cases. When your IP rights have been breached, our intellectual property solicitors resolve the IP disputes quickly and efficiently via negotiation, mediation and arbitration or in court if a peaceful resolution can not be reached. 

When intellectual property disputes arise, our team can help you defend your rights by providing a wide range of services related to IP disputes regarding:

• Trademark Infringements: If a third party has used your registered trademark (marked by the ® symbol), in the UK and internationally, without permission, we offer legal advice to help you protect all elements of your brand 
• Design Infringements: If the physical appearance of your product design has been replicated illegally, we can help you protect its uniqueness under the intellectual property law  
• Copyright Infringements: We advise you on how to best protect the things you create (writing, music, photography, videos or any other creative output) from unauthorised use, both online and offline
• Patent Infringements: We guide you through all the complexities of the IP law to make sure your IP rights under the Patents Act 1977 are protected and your inventions are not used by others without your permission
• Criminal intellectual property infringements: If you have been a victim of IP crime, such as piracy or counterfeiting your intellectual property assets, we could bring a criminal case, as well as a civil law case against the infringing party

Who We Can Help

Our specialist IP solicitors have a wealth of experience advising and acting for a variety of businesses, from startups to multinational corporations. We can even advise international clients on intellectual property laws in the UK. No matter where you are based, we will help you develop, exploit and protect your intellectual property rights in the UK.

Our Clients

Established in 2014, Witan Solicitors is a well-recognised law firm in the UK and we have worked with a variety of business clients over the years. Whether you are an individual inventor-entrepreneur, an SME or an international corporation, our IP solicitors have the skills and experience to adapt their services to your needs, no matter the industry.

In the past, we have represented clients in a wide range of sectors, from media and creative to manufacturing and technology. We are committed to providing our clients with the best intellectual property protection they can have when faced with a contentious intellectual property matter. This is why, after more than 50 years, our clients continue to trust us with their precious ideas, designs and inventions.

Notable recent cases:

Advised a Midlands-based engineering firm on a challenge to their patent from a large multinational corporation.

Defended a passing off claim against a Birmingham based specialist wholesaler in a claim from a national brand.

Why Choose Witan Solicitors?

At Witan Solicitors, we offer clear, honest, jargon-free advice on complex legal issues. Our intellectual property lawyers take the time to explain all your options to you so you can make informed decisions about the course of your IP dispute case. 

Our client-centred approach puts you in the driving seat. With the Witan Solicitors IP team, you will know exactly what is going on, when you can expect developments in your case and how much everything will cost. 

• IP law firm established in 2014
• Intellectual property dispute & litigation experts
• Client-centred approach
• Jargon-free legal advice
• Clear pricing structure
• Recognised by Legal 500
• Intellectual property solicitors in London, Birmingham and Northampton

FAQ

What is intellectual property (IP)?

Anything you create based on an original idea is your Intellectual property (IP). This includes but is not limited to works of writing and art, as well as technological inventions and commercial assets, such as company names, branding, logos and symbols. 

What can I register as a trademark?

You can register all elements of the brand as a trademark. This allows you to use the ® symbol. You can license or sell your registered trademark if you wish.

Is there something I can’t register as a trademark?

You can’t get a registered trademark for things that are too generic, offensive or misleading, as well as things that have already been registered as a trademark by someone else. 

Why should I register a trademark?

Having a registered trademark gives you legal protection of your IP rights. It means your competitors can’t steal your products, brand name and other crucial commercial assets. Without a trademark, you would have to rely on the law of ‘passing off’ to defend your intellectual property. 

Also, without a trademark, you are not allowed to use the ® symbol. Doing so would be considered a criminal offence under UK law. 

What is the law of passing off?

If your IP assets have been used without permission but you don’t own a trademark, you could still have a case if it can be proven that:

• You have goodwill or reputation connected to the products or services in question
• The manner in which said products or services have been presented to the public implies that they are offered by you and not a third party 
• Your business has or is likely to suffer damages as a result of this 

What does copyright cover?

Copyright provides anything you create, including literary works, films, music and digital content, from being copied and distributed by third parties for profit without your consent. 

Is there a time limit to copyright protection?

Yes, how long copyright protection lasts depends on the type of product. For books, paintings and photographs, for example, the copyright lasts while the author is alive and 70 years following their death. For songs and music recordings, it’s 70 years since the first publication. For advice on specific intellectual property assets, get in touch with our IP law specialists. 

What is a patent?

A patent grants you exclusive rights over an invention and its commercial use in a specified geographical area.

How long does a patent last?

Initially, patents are granted for 5 years but you can renew them annually (subject to renewal fees) for up to 20 years after that. 

What can be patented?

To be granted a patent, you must have invented a new or novel piece of technology that has an industrial application. Patents do not apply to natural phenomena or mental acts.

What is an NDA?

An NDA or a non-disclosure agreement is a legally binding contract that should be signed before sharing any information about your invention with third parties. It prevents them from disclosing or using the information shared. 

What do my product design rights cover?

Product design protection applies to the physical appearance of a product as a whole or its parts.