Request A Callback

If you would like one of our representatives to give you a call to discuss your situation in complete confidence, please enter your details below and someone will call you as soon as possible.

[[[["field5","not_equal_to","I consent for my data to be used by Mediatelegal to process my enquiry."]],[[]],"and"]]
Your Name
Phone Number

Top 10 tips for enhancing your intellectual property

Our latest article is by Michael Sandys of the excellent Intellectual Property (IP) & Commercial team at Guy Williams Layton Solicitors, based in Liverpool. It provides 10 useful tips for enhancing your Intellectual Property. As ever, if you found the article interesting, please feel free to share it.


intellectual property

All businesses large or small have some form of Intellectual Property and should properly audit and evaluate their IP in order to protect, enhance and commercialise.  Here are some basic tips to consider in relation to your IP:

  1. Registering Rights

Most IP that arises is not registered such as copyright, trade names, data and trade secrets.  However, some of your IP may be worth registering so as to add value and increase its protection.  This is particularly true of Trade Marks, Designs and Patents (where you have an innovative creation).

  1. Putting the World on Notice of your Proprietary Rights

This can be easily achieved by adding copyright notices to documents, data lists, plans and images and also to your website if original content.  A small c in a circle with confirmation of who the owner is will be sufficient.  Notices can also be added in respect of an unregistered mark with a TM in a circle.

  1. Commercialising your Intellectual Property

You may wish to allow others to use the IP that you have created by way of a licence or manufacturing agreement.  This will generate income for your business.  Also, a franchise may be appropriate for your business model, thus adding real value and a new income stream with franchisees being permitted to use your business model and trade mark.

  1. Keeping a record of your Intellectual Property

It is important to specifically identify what IP you own and what IP you share with others (perhaps by way of joint ownership).  Also identify what IP you might be licensed to use (which is owned by others).  You may for example have an exclusive licence to distribute software or to use a patented invention in your process or products that you make.   A record should identify the lifespan of such rights and dates for renewals, such as Trade Marks.

  1. Intellectual Property Insurance

Wherever possible, enquire about before the event insurance cover for your IP so as to protect from third party attack and infringement.  Such insurance, if financially viable, will provide legal expenses protection in the event of a third party infringement or where registered rights are being undermined through revocation or invalidity proceedings.

  1. Keep your Employment Contracts up to date

Ensure that your contracts of employment cover IP issues such as the defining when something is created within the employment relationship and outlining the duty on the employee to assist you in registering rights and protection generally.  If your employee creates IP then they should also be required to keep good records identifying and supporting original creation.

  1. Placing a Value on your Intellectual Property

IP has intrinsic value and should be identifiable on the Balance Sheet/ Management Accounts.  The value should include what resources have been expended in creating the IP including development costs and employee time.  The value should also identify future revenue/ royalties to be generated from the IP.  When seeking investment or exit, you should be able to justify such value in real terms.

  1. Third Party Contracts

Make sure that any commercial agreement you enter into addresses the issue of protection of IP, whether a registered Trade Mark, copyright in a database or trade secret.  Ensure that the correct clauses are included such as a duty on the third party to inform you of any likely infringement or challenge to your IP; also essential in distribution arrangements.

  1. Legal Advice

It is more cost effective to ensure that adequate legal advice is taken from the outset than taking advice after a problem has arisen.  Be pro-active and plan ahead and put your legal and financial advisers in place to help you with the future strategy and management of your IP.

  1. Post Brexit

Just because the UK is leaving the EU does not mean the end of IP protection for UK businesses.  If you continue to trade with the EU then registering IP in the EU will still be possible and should not be abandoned.  It is likely that a certain degree of harmonisation will be maintained post Brexit.

If you require any assistance on these or other related issues regarding your IP then please contact Michael Sandys at Guy Williams Layton LLP at or on 0151 242 5995.



Mediatelegal Comment

The best way to avoid IP troubles is to correctly protect and register your IP at the outset. The tips in this article should be useful to business owners.

If, however, you do find yourself embroiled in an IP dispute, mediation is often used in very effectively. Mediation offers quicker, cheaper, confidential, and more flexible approach than is available via the courts.

To view the original article, please click here.

Posted in Guest Articles

Leave a Reply

Your email address will not be published. Required fields are marked *


Did you know?

Workplace disputes will affect profitability and performance. Use mediation to resolve disputes swiftly.

The longer a dispute continues in the workplace, the more dramatic the effect on those working in or around it.

Conflict between employees can spread throughout the workforce, affecting morale and performance, if untreated.

A 2008 CIPD survey found that 51% of respondents use an external mediator to resolve people problems and conflict.

A 2008 CIPD survey found that 75% of mediations were initiated by HR departments.

If you express your anger you will start an argument; if you explain your anger you will start a discussion.

In 2016 mediation will have saved UK businesses £3 billion in wasted management time & productivity, damaged relationships, & legal fees.

Ignoring ‘mega-cases’ the total value of mediated disputes in the UK each year is £11.5 billion.

Since 1990, the total value of mediated cases in England & Wales is £110 billion.

CEO of regional Charity – “We have had cause to use Mediatelegal recently and I was delighted with their service. the mediator was patient during a very emotional and somewhat difficult situation but handled it beautifully. We saved a significant amount of money and would highly recommend this organisation to anyone wishing to avoid costly legal bills.”

Linda Lavery, The HR Dept: “I cannot recommend them highly enough. They were brought in to resolve a complex dispute which had continued for months with no resolution. The process was managed from start to finish by Mediatelegal and with their expertise and impartiality, the conflict was resolved amicably for all parties in just 1 day. The management time and money that has been saved is incalculable.”

According to the CEDR 2018 audit, 89% of mediations settle successfully on the day or shortly afterwards.

You are entitled to recover certain expenses incurred when attending a SEND mediation session.

An individual might potentially require an Education, Health and Care Plan (EHCP until they reach the age of 25.

| Website designed & hosted by Cyberfrog Design
Mediatelegal is a trading style of Why Mediate Ltd (Company Reg No. 09148466)
Cookies | Terms & Conditions