If you are looking for assistance with any intellectual property matters affecting your business, our lawyers are here to help you. We have experience in all aspects of intellectual property, so we know what it takes to keep your interests guarded. Contact us today by calling 0333 323 5292 or fill in our enquiry form on this page and we will get back to you as soon as possible.
With offices in Leeds, Sheffield and York, we are able to provide assistance to many individuals and businesses across Yorkshire and the rest of the UK.
Do I Work With Intellectual Property?
Not sure if you are in the intellectual property business? We bet you are because any company that does the following is in the intellectual property business:
- Owns or exploits a brand
- Creates new products, services or designs
- Deals in branded or original products, materials or services
- Creates original work of any kind
- Gathers, holds or uses valuable data
- Conducts research or development of any kind
- Creates, develops or exploits ideas or knowledge
- Is part of the technology, creative, digital or knowledge economies
- Is in any way creative, inventive or innovative
So What is Intellectual Property?
Intellectual property is the general name given to the various areas of the law that regulate the existence, ownership, exploitation and enforcement of rights in the output of any kind of original work in any form.
Strictly speaking, there is no area of law called intellectual property. It is a phrase used as shorthand to describe a number of different areas of the law concerned with the rights innovation and creativity can attract. These areas include:
- Trade marks
- Copyright, including authors’, performers’ and moral rights
- Design rights and registered designs
- Confidential information, know-how, database rights and data protection and privacy
- Information and communications technology and URL and company name disputes
Intellectual property is valuable yet complex. Valuable intellectual rights can easily be lost without expert advice. When issues arise, they are rarely trivial or run of the mill. They can affect your very ability to trade and can cause immense anguish, cost and risk if they go wrong.
This is an area for real expert advice. Don’t believe those who tell you that all lawyers are more or less interchangeable and that expertise can be taken for granted. Our team’s experience and depth of knowledge can offer you technical expertise, commercial nous, and the ability to grasp detail but not get bogged down in it, so you can get ‘top draw’ legal expertise, with clear, commercial advice that minimises your risk and maximises value to your business.
At Lupton Fawcett, we have a team of intellectual property lawyers with over 50 years’ combined experience in advising clients of all kinds, from startups to major PLCs, on all aspects of intellectual property. They advise on the constructive aspects of creation, protection and exploitation of rights, as well as on defending and enforcing those rights when necessary.
- Through its in-house capability and, where necessary, using its network of specialist partner organisations, the team can provide a complete solution for the registration of your rights throughout the world.
- The team drafts and negotiates the full range of agreements businesses enter into over intellectual property, including assignments, licences, commissioning agreements, research and development agreements, merchandising, sponsorship and franchising agreements, and other agreements in which intellectual property plays a part including agency and distribution.
- The team helps clients conduct the full range of disputes that arise over ownership and enforcement of intellectual property rights, whether involving intellectual property registries, courts or tribunals. We are experts in court processes and alternative dispute resolution and mediation.
The team’s expertise has been recognised in major independent guides to the legal profession such as Chambers and Partners and the Legal 500. They also have an extensive record of major books and online publications for use by other practitioners, students and academics – giving the advice they give you an authority that sets them apart from the competition.
Because practising as an intellectual property lawyer leads to close involvement with certain industries for which it is a main area of focus, team members have specialised knowledge of the legal, regulatory and commercial challenges faced in those industries. This includes:
- Arts and the media
- Precision engineering
- Retail brands
- Sport and leisure
- Charities and third sector organisations
- Software and digital
- Cloud computing, IaaS, PaaS and SaaS
- Creative agencies
Much of intellectual property work in the context of brands is about maintaining reputation, whether in helping to secure the fullest possible rights to the brand or in preserving the integrity of the brand against infringers.
To those elements of our work we add the capability to act for both businesses and individuals to protect reputation in any context, or to defend themselves from attack, using the full range of available legal tools from the law of defamation and malicious falsehood to contractual rights, confidentiality, privacy and intellectual property rights.
In today’s world of online publications, multimedia platforms and social media, the defence of reputation is a truly multi-disciplinary task which our team is uniquely well placed to undertake.
The roots of intellectual property law lie in the attempt by lawmakers to reconcile the value on the one hand of rewarding innovation in any context by granting the exclusive right to exploit its results with the danger on the other hand of creating monopoly rights that stifle competition.
Competition law works in a different way to ensure that businesses do not act in a way that is intended to restrict fair competition in the market or to create cartels or monopolies that distort or prevent fair trade and compromise the rights of consumers.
Competition law and intellectual property law have therefore always been closely connected. We have the expertise and long experience in UK and European competition law to make sure you manage effectively the risk of infringing these laws.