Intellectual property comprises a series of proprietary rights that are recognised in most legal systems as a reward for creativity and innovation.  The most common forms of intellectual property are patents, copyright and related rights, registered and unregistered designs, and trade marks.  In addition, confidential information and laws on unfair competition often provide significant protection. Certain other rights may be recognised in particular jurisdictions or in certain economic sectors (for example, database rights).  For maximum protection, where possible, rights should be registered.

Ownership of intellectual property generally confers the exclusive right to carry out certain legally defined activities.  It is capable of protection by civil action, and in some cases infringement may result in criminal penalties.  The rights are not purely personal rights but are capable of being dealt with in ways that are analogous to other types of moveable or immovable property.  The key point to remember though is that an idea as such does not qualify as intellectual property.  Protection is given for the manifestation of the idea in some sort of physical form. 

The results of innovation may be capable of protection in a number of ways, for example, initially by confidentiality and copyright and subsequently, if they comprise an invention for which a successful patent application is made, by a patent.  The scope for registering rights should be identified at the outset to ensure comprehensive protection is in place.  This can be identified by a professional advisor such as a solicitor, trade mark agent or patent attorney.

© Davenport Lyons 2003.  All rights reserved

This document reflects the law and practice as at May 2003.  It is general in nature, and does not  purport in any way to be comprehensive  or a substitute for specialist legal advice in individual circumstances.