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Does Copyright Protect Names?

copyright May 20, 2019

Copyright is a wide-ranging subject, and relevant to many creative and non-creative industries.  

It is arguably the most universally relevant IP right, covering written materials, music, art, logos, and computer programs, to name a few.  It protects most visual brand elements, such as logos, packaging, and websites, albeit it may also be possible to protect these by also registering some of them as designs or trademarks to secure added protection.

Copyright protects original expression, but not ideas themselves.  So, if someone were to suggest an idea to you to execute, such as an unusual looking picture of a bird, or gave you an idea for a plot, you as the creator would own copyright in the picture or plot you produce,and the person who gave you the idea will have no rights to any share of it. So the person with ideas gets no copyright in the work created as a result of their ideas unless there is a...

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How to Protect Your Organisation’s Valuable IP Once and for All

Uncategorized May 13, 2019

I’m Shireen Smith, a lawyer who supports businesses to identify, defend and protect their intellectual property.  After a career working for large organisations, including as an inhouse lawyer at Reuters, I founded Azrights, which is a boutique intellectual property law firm in London and Hastings.  Since then I’ve worked with hundreds of clients from start-ups through to large multinationals with over £300 million in turnover.

For business leaders responsible for intellectual property

Are you in charge of addressing the intellectual property needs of your organisation? Does the buck stop with you? Do you want to ensure the foundations of your business are solid, and that the value of your IP accumulates and increases as you grow in success?  Are you keen to avoid failure of your projects through inappropriate treatment of intellectual property?

Then you’ll want to find out why adopting an “IP First” approach is the key to managing...

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International Trade Marks

Trade marks are your “badge of origin”, and serve to identify your products and services.  Without trade marks, it would be impossible to find the products and services we like and to avoid those we don’t. So, trade marks are tools enabling consumers to identify products and services they have enjoyed and want to buy again.

Trademarks protect the reputation and goodwill of a brand.

Any sign unique to your business may be registered as a trademark. The most commonly registered marks are words, logos, and slogans.

 

International Trade Mark Protection

There is no such thing as an international trademark. Trademarks are territorial, meaning you need to register in each country in which you intend to trade.

Trademarks give you rights in the country or territory where you register. For companies trading in UK or Europe, the first step will be to apply for a UK or EU trademark. Those businesses that purely trade in this country will just want to register a UK...

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How to Blog Safely and Avoid Infringement of Intellectual Property

Uncategorized Apr 21, 2019

In my previous post, I looked at the issue of protecting your blog content and identity. This blog briefly looks at some of the issues concerning the inclusion of other people’s materials in your content.

As I mentioned in the last blog, as a blogger you need to look in both directions when it comes to intellectual property (“IP”). In particular, you should ensure that what appears on your blog – be it text, photos, or comments – does not infringe the IP rights of someone else.

Before you launch your blog, with your new blog identity, you should carry out trade mark searches to make sure your name, tagline and logo don’t infringe the registered trade marks of another person or company.

 

Public domain and copyright

Moreover, make sure the contents of your blog presence don’t infringe someone else’s copyright. Content is not necessarily in the public domain just because it is freely available to access on the Internet. Unless you...

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Tips for Bloggers on How to Protect IP

intellectual property Apr 14, 2019

These days, any of us can be a blogger. All you need is somewhere to post your content, and an interesting angle on life – be it sports, politics, travel, food, music, you name it – you can blog your perspective on it. What’s more, you can attract a worldwide audience of thousands or even millions.

However, as well as a web presence and a flair for writing, you should also develop an awareness of intellectual property (“IP” for short) and its impact on your blogging activities.

IP is essentially about protecting our intellectual creations, and that includes of course our blog entries. But whatever A has protected, B may infringe. So, when we consider blogging and IP, you need to look in both directions: how can you, as a blogger, protect your IP and also, how can you ensure that your blog does not infringe the IP of others? Here today we look at “A”  – what you have protected. In next week’s blog, we look at “B”...

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Branding: The Value Of Working Out Purpose

branding purpose Apr 06, 2019

Last week I mentioned how I had found my purpose after committing to think about it by regularly revisiting the question. 

Branding and Intellectual Property – Why You Should Begin With the End in Mind

This took several months. Part of the reason it might have taken so long is that the question was bound up with how I could turn my intellectual property work into something which includes my interest in business and branding.

I have always been interested in the commercial side of life, which is why I became an in-house lawyer at Reuters.

I’ve been very into marketing, business, and branding since founding Azrights too. So, dealing purely with intellectual property felt like I was only addressing half the issues many of my clients faced.

True some of my clients need purely intellectual property legal work. However, even they have teams to educate on IP, and there is currently no solution on the market to enable them to do this and protect their IP on an ongoing...

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Branding and Intellectual Property – Why You Should Begin With the End in Mind

“Begin With the End in Mind.” as Stephen Covey put it in the 7 habits of highly effective people.

It’s worth taking the time to consider what you ultimately value in life. What really matters to you, and what you hope it all adds up to in the end.

Studies have shown that living a life of purpose leads to better health and overall happiness.

Think about what your purpose in life is and keep doing so regularly till you’re clear.

 

Working Out My Purpose

One way I’ve looked at the topic is to ask myself, if I were diagnosed with a terminal illness like Steve Jobs was, would I continue working, doing what I’m doing to the end or would I immediately want to stop work?

For me, the answer is that I would continue working to the end, as Steve Jobs did because I’ve gradually created a business that is engaged in solving a meaningful problem in the world, and I have a vision for how to do it.

It wasn’t always so.

If the answer for you...

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How to Establish Your Brand

Uncategorized Mar 22, 2019

When starting a business, you need to think about how to establish your brand.

Your brand is what drives your business, a set of promises and assurances that customers should think of when they see or hear your name. It is your unique identity that resonates with your target audience and differentiates you from your competitors.

With the correct strategy, your brand will gain in value over time. This value will come from the positive reputation your business develops.

Brand establishment should be considered as a long-term goal and essential to your overall business strategy.

The following tips will help you consider how to establish your brand.

 

Establish your brand strategy

The first step is to establish your brand strategy.

This should be considered when you first come up with your business idea, and should be kept in mind as your business develops.

As part of the strategy ask yourself what are the promises I want to be associated with my brand and how can I ensure my brand...

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5 Crucial Points About Trademarks Everyone Should Consider

trademark Mar 15, 2019

There are 5 crucial points to know about trademarks that might change your entire approach to branding and trademark registration. I’ll start by answering the question what is a trademark.

 

What is a Trademark?

Trademarks are signs used in business to identify products and services in the market place.

Customers can find you by recognising your unique sign identifiers and avoid confusing other providers for you.  You might have a variety of identifiers – your name, logo, and tagline being the typical ones.

The single most common one people would recognise you by though, especially if they look for you online, is your name.

So, if you have delivered a good and effective service, and customers want to buy from you again or refer their friends and family to you, the unique identifier they would use to do so will be your name – often not your own personal name, but your business or brand name.

A trademark is a device or tool created by the law...

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3 Facts About Copyright Everyone Should Know

copyright Mar 08, 2019

Whether you’re starting out in business, or creating new products and services for your existing business, you’ll want to make sure you’re doing things right, that your actions will set you up for success. 

Unless you’re purely testing the market in a way where none of what you create needs to endure or be relied upon longer term, it pays to be mindful of the longer term implications of your early actions when implementing new ideas.  If you’re thinking big and aiming to create a business to one day sell, you definitely need to pay attention to what I’m highlighting here.

Setting yourself up for success involves being aware of how assets are created under the legal system, and the pitfalls to avoid. You should aim to implement your ideas in the right way because it’s the very early decisions and actions you take before you would even consult a lawyer, that have the greatest risk from a business perspective.

Copyright is essential...

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