Intellectual Property (“IP”) is a broad concept that can refer to trade marks, designs, copyright and much more. Each item is considered “property” and, as such, it carries a value. Where property has value, it generally requires protection – enter IP rights!
Trade Marks
A trade mark can consist of words, names, logos, letters, sounds, numerals, scents, flavours or a combination of these that serves to identify the source of specific goods or services. In particular, a trade mark distinguishes the goods and services of one brand from others in the marketplace.
Trade mark rights can be enforced against other parties who start using the same or similar mark in the jurisdiction where the mark is registered, in a way that could potentially confuse or mislead consumers.
Copyright
Copyright protects the creative expression in a work and gives the owner the exclusive right to copy and display the work, create derivative variations of it, and authorize others to do the same in the jurisdiction where the copyright is registered.
Without such protection, others could exploit these works without the need for royalties or remuneration to be paid to the owner of the work.
Designs
Similar to trade marks and copyrights, designs are another important category of IP. A design must be new and possess individual character to be registerable.
Registering a design right ensures that you have exclusivity and control of the design of the product or ornamentation in the jurisdiction in which the design is registered.
Gibney Hogan LLP advises on all aspects of creating, protecting and enforcing IP rights.
For more information please contact Niamh Gibney or James Tansey.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
