creation and ownership

Intellectual property (IP) is created by individuals exercising inventive or creative skills.

Rights to IP can arise automatically (copyright, design right), following formal application for grant or registration (patent, trademarks, registered design right) or through contractual or quasi-contractual means (confidentiality, usage).

Whilst we can assist in applying for trademarks and registered designs, and the drafting and negotiation of patent licence agreements, we do not assist in the process of applying for patents.  See our useful links for details on patent agents who would be able to help.

An IP right is generally owned by or available to the creator, or if the creator was employed to do that sort of work, by his/her employer.  The right in commissioned works (except industrial designs) generally belongs to the creator, not the commissioner, unless the commissioning contract provides otherwise.  Click here for more information on IP protection.

For more information, please contact Jill Bainbridge, head of our Intellectual Property team, on 023 8085 7160; email jill.bainbridge@bllaw.co.uk