Iain Garfield – Team Leader and Partner
Effective Commercial Relationships
Commercial relationships are the lifeblood of business. Our commercial team is exactly that – commercial. They are known for their 'can do' approach and ability to provide commercial support, without getting bogged down in the law.
As legal advisors, our job is to represent our clients' interests and reach a solution which aligns any legal requirements to their commercial expectations and business objectives.
Our clients are sole traders, limited companies, plcs, international organisations, and a national government.
We advise on a wide range of issues on a daily basis including contracts, IT and e-commerce, intellectual property, shareholder agreements, partnerships and compliance issues in the fields of data protection, freedom of information, charity and education.
Trademarks
Trademarks are used to distinguish goods or services from one another. For example, brand names or logos like Pepsi and Coca Cola for soft drinks.
Trade marks must be applied for and are then registered. We can help you establish, before attempting to register a trademark, that your proposed trademark is not similar or identical to any earlier trademarks for similar goods or services.
Trading names and logos are best protected by trademark registration, because once registered it will simplify the process of preventing other businesses using the same or a similar mark for the same or similar goods/services. It will also avoid the possibility of other businesses who have registered a similar mark restricting or ending the use of your mark!
We can help you apply for trademark registration and renewal. Once registered, the trademark owner gains exclusive rights to commercially exploit the trademark.
If a trading name/logo is unregistered, limited protection is still available, but generally results in complicated and expensive litigation.
Copyright
Copyright is an automatic right to prevent work from being copied that protects a creator's literature, music, artwork, recordings, films and computer programs.
The work does not have to be published to obtain protection. Unlike trademarks, registration is not possible. A consequence of this is that policing and enforcing copyright can be complicated and expensive.
Retaining the original work and identifying the date of its creation and its notification to others is extremely important.
Copyright for literature, music, artwork, recordings and films lasts for seventy years after the creator's death. For computer programs it is fifty years in duration.
Patent
A patent can protect an invention, a new process, machine or product that is capable of use in industry. For example, a formulation for a new drug to cure a disease could be patented.
The invention must not already be in the public arena and must not merely have minor changes to a product already in existence. It is therefore crucial to keep your invention secret.
A patent is a registered right, processed through the Patent Office and can be protected for up to twenty years.
The full process of obtaining a patent can take up to four years. Once a patent has been granted its validity can be challenged, in particular with reference to the originality of the invention. A degree of investigation about prior inventions will be undertaken at the time of registration.
Design Registration
Design registration is available at the Patent Office, to register designs for the appearance or shape of articles, generally consumer items.
There is limited, but automatic protection through unregistered design right for a new design and you do not have to apply for its registration. However, similar difficulties can be experienced with the policing and enforcement of such a right, as with copyright.
Protecting a design through registration affords stronger protection, by stopping others from making, using or selling the design and can be protected for a maximum of twenty five years.
