Services I Intellectual Property

Intellectual Property

We specialise in all varieties of intellectual property services, from branding and copyright to music, patents and enforcements services.

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Branding & Copyright Protection

Lawdit’s branding and Copyright Protection service has been branded as Police & Protect. Police & Protect has expertise in dealing with all aspects of corporate branding issues. Over the years Lawdit has assisted a large number of businesses in their branding activities.

Lawdit believes that successful corporate branding is achieved by fully asserting and protecting all of ones rights.

Lawdit’s expertise in and its wealth of resources in Intellectual Property, Contract Law and Litigation puts it in the perfect position to provide a one stop service and solution to businesses in want of corporate branding advice.

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Copyright

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Problem with copyright? Lawdit can help.

We have many years of experience in dealing with a whole range of legal problems surrounding copyright and invariably achieve a successful result for our clients.

UK copyright law is predominantly set out in the Copyright Designs and Patents Act 1988 (CDPA) and it is important to understand what copyright is and what constitutes an infringement of copyright.

There is no registration procedure for copyright, it arises automatically when original work is put into a permanent form.

Its purpose is to grant the creator of a piece of work – such as an article, book, photograph, website content, a sculpture or a piece of music, the exclusive rights to its use and distribution. It does not prevent a similar work being created, but guards against the copying of an existing piece of work. Remember, copyright does not protect an idea but how that idea is expressed.

Copyright protection lasts for a set period, most often the life of the creator of the work plus 70 years from the end of the calendar year of his or her death.

If you believe your copyright has been infringed and your work or that of your business has been copied, then we can pursue the matter on your behalf.

You must first be confident that you can prove the work in question was created through your own skill, labor, and effort and is original. You must also be British or a resident in Britain, or another country governed by CDPA.

Once the above has been ascertained, we can help you pursue the matter. We will do this by first sending a letter of claim, which is sent to the infringing party with a request to stop the copyright infringement and obtain payment of damages on your behalf. We will also include a letter of undertaking to be signed by the infringer which protects your rights in the future.

Our primary aim is to protect your interests by obtaining three things – confirmation and admittance that copyright has been infringed, a damages payment to you, and a reimbursement of your legal fees.

Fees

Our fees start at £450+VAT. Where appropriate, we can offer a fixed fee for sending a cease and desist letter to the infringer for £550+VAT.

If you believe that your copyright has been infringed, or have any questions regarding copyright law, please contact us for a free initial consultation.

Creating IP

One of Lawdit’s major strengths lies in the area of Intellectual Property Law through our full service Intellectual Property Office.

Intellectual property is a product of the intellect bearing some form of commercial value. The term applies to any “creation of the mind” such as inventions, artistic and literary works, trade secrets, copyrights and trade marks. Intellectual Property (IP) rights are thus of paramount importance to all businesses.

Many businesses are surprised to learn that they have (or could have) IP rights covering a whole host of items including the design of a new product, production processes, a business/ trading name, an image or logo, a brand name, the look, feel and design of a website, a domain name portfolio, software, or the content of documents or databases or software.

Businesses with IP rights tend to be (but are not limited to) innovators, inventors and/or creators. IP rights can represent a significant proportion of a company’s asset values.

Creating and maximizing Intellectual Property Rights (IPR) could open a new revenue stream for a business while appreciating the value of those IP rights and the value of the business as a whole.

Intellectual Property Solicitors Quick Tip

Though IP is an “intangible business asset”, should it be included on the balance sheet?

Perhaps! Ordinarily, Intellectual Property is a negative right in that it gives the owner a right to prohibit others from copying without permission what has been created. It does not generate any income unless it is exploited, for example, by incorporation in a product or service which is sold.

Before deciding whether or not an intangible asset is to be included on your balance sheet, you had best determine the value of the intellectual property and rights being valued.

Two relevant cases would be, Borlands’ Trustee v Steel Brothers & Co Ltd (1901) 1 Ch 279, and, Short v Treasury Commissioners (1948) 1 KB 116.

Next, it is necessary to determine the market value of those rights, i.e. the price which the property might reasonably be expected to fetch if sold in the open market.

As intellectual property solicitors, Lawdit’s Intellectual Property Office can help you assess the value of your organisation’s IP and maximize its potential.

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Exploiting IP

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Licensing your Intellectual Property Rights (Licensing Your IP) allows you to maximize your own business and / or that of others using your IP rights with your permission.

Exploiting your IP can be done in a number of ways including the use of trade marks, patents, design rights, database rights, licensing of the IP, sale and / or dispositions of IP, franchising, etc…

Intellectual Property Solicitors

Lawdit are intellectual property solicitors with a strong reputation for offering good, practical advice to our clients on how to best exploit their IP.

What type of licence can I have?

If you own Intellectual Property Rights (IPR), it is important to consider the commercial agreements that focus on exploitation of IP rights including all forms of licensing, distribution, sponsorship, franchising, co-marketing and co-promotion arrangements, R&D, collaboration and technology transfer agreements.

Lawdit are intellectual property solicitors who can offer fixed fees at all times. Intellectual Property Licences can be exclusive, non-exclusive, territorially restrictive, open ended, etc… Much depends on the Intellectual Property you are intending to licence and the act

Patents

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We have a great deal of experience in the area of patent law and have access to a network of independent expert consultants who can help us ensure your patent application is as strong as possible.

Prior art search

A prior art search is performed by our research team to establish if there is anything in the public arena that might be relevant to your patent’s claims of originality, i.e. – has anything like this already been invented? The search also allows us to assess if any features need development or expansion and plan a way forward for your application.

Commissioning a prior art search is not compulsory but it is highly advisable, as it gives us the chance to put forward a stronger application and helps you avoid unnecessary expense further down the line.

Fees

Unlike many patent solicitors, we offer you the security of a set fee service for our patent work, so all administrative work and communications with expert sources and the patent office are covered by one price, giving you the peace of mind of knowing exactly how much your application and prior art search will cost.

To obtain a price for a prior art search, please contact us for a set price.

Enforcement Services

When you have registered your trade mark, it is then your duty to protect it.

You have the power to take active steps to prevent any third party to use or make reference to your mark without your permission. It is up to you to take action against infringement.

Here at Lawdit, we understand the hard work and dedication it takes to build a business and a brand and there is nothing more heart-breaking when this brand is damaged by other party trying to ride on the wave of your success.

It is important that you put to use the protection a registered trade mark allows you and take action against those who are infringing your mark.

The thought of huge scale litigation may put you off from getting a solicitor on board but many cases of infringement do not even come close to a court room.

The first step is to send a cease and desist letter. This letter will outline your rights and make the third party aware that you have secure protection over the brand and are willing to enforce this protection if they do not cease from their potentially infringing actions.

Many people will stop their infringing action at this stage and the matter will have been dealt with quickly and will running up a massive bill.

As with our non-contentious intellectual property work, we aim to as much work on a fixed fee basis as we can to ensure our Clients are able to protect their rights in a cost-effective way.

However, if your matter does progress into litigation proceedings, the matter may demand to charged at an hourly fee. You can be rest assured that this will be fully discussed with you before any action is taken to ensure you are completely happy with how the matter will progress. For being a firm with over 20 years’ experience in intellectual property, we pride ourselves on having low hourly rates in comparison to our competitors.

Please contact our contentious intellectual property department for more information.

Protection Services for Intellectual Property

Data Protection

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Data protection is a legal minefield thanks to the huge amount of laws and regulations that govern this field. These include General Data Protection Regulation 2016/67, Freedom of Information Act 2000, The Regulation of Investigatory Powers Act 2000 and The Privacy and Electronic Communications (EC Directive) Regulations 2003.

We are experts in the legal implications of data protection and can help you and your company meet all relevant requirements, ensuring that you do not run foul of the multitude of laws that cover this area.

Our data protection services include:

  • Guidance and advice concerning data protection laws and regulations
  • Interactive training through in-house seminars and/or online training sessions
  • Creation of privacy and data protection policies and terms and conditions that will ensure you meet your obligations and achieve compliance with relevant legislation
  • Privacy and data protection audits