Intellectual Property solicitors in England & Wales

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Plain-language guide

What a intellectual property solicitor does.

An intellectual property solicitor protects and exploits what a business creates: registering trade marks at the UK Intellectual Property Office, advising on copyright under the Copyright, Designs and Patents Act 1988, registered and unregistered design rights, and patents, often alongside a patent attorney. The solicitor drafts licences and assignments, handles confidentiality and know-how, and brings or defends infringement and passing-off claims in the Intellectual Property Enterprise Court or the High Court.

When you need one

You are launching a brand and want the name and logo protected before someone else registers them.
A competitor is copying your product, your packaging or your website.
You have received a letter alleging that you infringe someone else's rights.
You want to license your technology or content and need the agreement drafted.

How fees usually work

Trade mark applications are usually fixed-fee plus the IPO's official fees. Licensing and agreements are quoted by document or charged by the hour. Infringement disputes are charged hourly, with the Intellectual Property Enterprise Court capping recoverable costs at £60,000 to keep smaller claims proportionate. Ask about the small claims track for low-value copyright and trade mark claims.

Questions to ask before you instruct

Is my mark registrable, and have you searched for earlier conflicting marks?
Which classes should I register in, and in which countries?
Do I own the rights in work that contractors or employees created for me?
Is the Intellectual Property Enterprise Court the right forum for this dispute?

See the listed practitioners

General information about England & Wales law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Intellectual property solicitor questions

Do I need to register copyright?

No. Copyright arises automatically when an original work is recorded, and lasts for the author's life plus seventy years for most works. The difficulty is proving ownership and the date, so keep dated records. Trade marks, patents and registered designs do need registration to get their fullest protection.

What is passing off?

The common law claim that protects unregistered brands: you must show goodwill in your name or get-up, a misrepresentation by the defendant that confuses customers, and damage. It is harder and more expensive to prove than infringement of a registered trade mark, which is why registration is worth the fee.

Who owns work my contractor created?

The contractor, unless the contract assigns the rights to you. Employees' work made in the course of employment belongs to the employer, but freelancers, agencies and developers keep the copyright in what they make absent a written assignment. Check every commissioning agreement.

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