Intellectual property

Intellectual property (IP) is a main asset for many businesses and it is essential that it is properly protected. This is commonly by way of trademark, copyright, patent and registered design.

Where your IP has not been properly protected, there is a risk of infringement which can result in a lengthy legal dispute. At Hutchinson Thomas we can work with you to ensure that your IP is secure and that you have a strategy in place to identify and safeguard all of your IP.

Expert legal advice to protect your IP

IP covers a broad spectrum of assets and data, to include inventions, original works, industrial designs, brand names, logos, trade secrets, and domain names. It can even extend to a company’s business plan, market research and customer data.

Businesses of all sizes will have IP and it is advisable to identify this and, where appropriate, put protection in place. Our IP team can work with you to identify and assess your IP and advise you on the necessary safeguards. We can also help you put a strategy in place to ensure that you continue to manage your IP as it evolves.

The areas we specialise in are:

• Copyright
• Trademark applications and disputes
• Patents
• Design
• Database rights
• Confidential information and know-how
• IP protection in franchising

IP protection in franchising

Protection of IP is particularly important in the franchising model, where the franchisee will use and benefit from the franchisor’s brand.

Our franchise team understands the importance of keeping your IP secure by the use of robust agreements containing warranties and indemnities designed to prevent loss or misuse of your IP assets.

We can also advise on how to control the way your franchisee conducts the franchise business, to include the appearance of premises, use of promotional material, display or other use of your logo and brand name and protection for you when the franchise agreement ends.

Dealing with infringements of IP rights

When IP rights are infringed, it is important to deal with the matter without delay to minimise the damage caused. Our IP team can advise you on your options and work with you to find the best solution. We are strong negotiators and where possible will work to resolve the issue without recourse to litigation.

In the event that application to the court is necessary, our litigation team have an excellent track record of success. Options include obtaining an injunction, confiscation or destruction of products or materials that infringe your IP rights, recovery of profits made by the infringing party and financial compensation for loss suffered.

IP advice from Hutchinson Thomas

Our IP team work for organisations across a wide range of sectors in identifying and protecting IP assets and enforcing rights in the event of infringement. Our advice is clear and practical and we work proactively to ensure your business can keep running smoothly.

Contact us

Hutchinson Thomas is the first law firm in Wales to be awarded the Law Society Mark of Excellence. The firm and many of our lawyers are recognised year on year in the Legal 500 publication as leading individuals in their field.

If you would like advice and representation in respect of IP, call us on the following numbers or fill in our contact form.