Intellectual property Definition

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GLOSSARY

Published by a ��ɫ�� Employment expert

What does Intellectual property mean?

The trade secrets of an employer that are normally protected as registered trade marks, designs or copyright.

Many businesses will possess highly confidential information, designs, trademarks and copyright which are protected as Intellectual Property under the Copyright, Designs and Patents Act 1988 and the Patents Act 1977. This legislation protects the employer's intellectual property from being misused or abused by employees or other third parties. Quite often an employer will also regulate the position further in the contract of employment, particularly for senior employees.

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New to role—in-house lawyers—handover—checklist

New to role—in-house lawyers—handover—checklist Where you are taking over your role from someone else and you are offered a handover, it is strongly recommended that you take the opportunity to speak to your predecessor, even if it is only a brief telephone call. This Checklist is intended for new in-house lawyers joining an organisation to replace the organisation’s previous in-house lawyer. It sets out some key areas you may want to cover in any handover with your predecessor, however short. It should be read in conjunction with Practice Note: Taking up a new role in-house—replacing a previous in-house lawyer. Nevertheless, the role is now yours and you needn’t be influenced to carry on exactly as before. There are always many ways of doing things and you must stamp your own mark on your role. You should build on what was done well previously and, where it is clear that some things weren’t working as well as they should, be prepared to act quickly to change things. You may need to...

Planning a digital marketing campaign—checklist

Planning a digital marketing campaign—checklist This Checklist is for use when planning a digital marketing campaign. The focus is on marketing-specific requirements and the Checklist does not consider general issues in relation to transactional activity (eg contract formation, distance selling). It covers media selection, territorial targeting, agency contracts, data protection, advertising compliance, user-generated content, influencer engagement, prize and price promotions, and behavioural advertising. It also considers compliance with legislative and self-regulatory regime in the UK, including the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, through their mobiles, tablets and video game consoles, virtually everywhere else. Alongside unrivalled potential audience numbers, it offers brands the opportunity to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are diverting more and more of their marketing spend from traditional media to...

Discover our 10 Checklists on Intellectual property

Employment claims in Scottish civil courts

Employment claims in Scottish civil courts Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of. This Practice Note provides an overview of: • the most common orders sought by employment lawyers in Scottish civil courts • the structure of the Scottish civil court system • the jurisdiction and key features of each relevant court • rights of audience • rules of procedure • important points about: ◦ breach of contract claims in Scotland ◦ injunctive (interlocutory) relief in Scotland ◦ dawn raids in Scotland ◦ industrial relations disputes in Scotland ◦ equality of terms claims in Scotland The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of...

Preparing for the auditors—in-house lawyers

Preparing for the auditors—in-house lawyers One of the key dates in your organisation’s calendar is the date of the annual audit. An important part of the auditors’ role is to ensure that your organisation’s processes are fit for purpose. Central to that is your organisation’s approach to legal matters and legal risk. As an in-house lawyer, you need to prepare for the auditors’ visit because inevitably they will want to meet with you. While each audit firm has its own standard set of questions for in-house lawyers, the questions tend to follow certain themes, eg: • your risk register • litigation • applicable law and regulation • contracts • intellectual property (IP) • legal work process • your knowledge and experience Since joining your organisation, you have hopefully had the opportunity to meet with the key directors and heads of function. Those meetings will have given you the opportunity to find out more about many of the issues the auditors will be interested in. See Practice...

Discover our 101 Practice Notes on Intellectual property

Consultancy agreement—company and individual—pro-client (short form)

Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...

Distribution agreement—non-exclusive—short form

Distribution agreement—non-exclusive—short form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where “control” means the beneficial ownership of...

Dive into our 140 Precedents related to Intellectual property

International Trade weekly highlights—1 May 2025

This week's edition of International Trade weekly highlights includes: the World Trade Organization (WTO) Chief Economist forecasting global trade decline amid rising tariffs, the WTO Dispute Settlement Body reviewing EU duties on Chinese battery electric vehicles, the EU initiating an appeal arbitration in Intellectual Property dispute case against China, Egypt initiating a safeguard investigation on hot rolled steel imports, MedTech Europe warning the European Commission about risks of medical import tariffs, the Trade Remedies Authority imposing provisional duties on Lithuanian and United Arab Emirates engine oil imports, the European Commission imposing definitive countervailing duties on Chinese imports of mobile access equipment, and weekly roundups of HMRC import, export and customs guidance.

IP weekly highlights—1 May 2025

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents, as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.

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