Types of legal protection for intellectual property rights
How to choose the right type of legal protection for your patents, trade marks, design and copyright
The type of intellectual property (IP) protection you can get depends on what you have created. Some types of protection arise automatically and others you have to apply for.
It's a good idea to assess what IP you have that needs protecting. This is called an intellectual property audit. An audit should help you determine the value of your IP assets and identify the best ways you should protect them.
Automatic protection
Several types of IP are automatically safeguarded by law from the moment of their creation.
| Type of protection | Examples of IP | How long does it last | Find out more |
|---|---|---|---|
| Copyright | Original writing and literary works, art, photography, films, TV, music, web content, sound recordings and software | The length of protection varies according to the type of copyright work, when and where it was created | Copyright for your business |
| Design right | Configuration and shape of 3-dimensional objects | Lasts for 10 or 15 years, depending on when the product is first sold or created (whichever comes earliest) | Design right |
| Supplementary unregistered design right (or 'continuing unregistered community design' if you made your design public in the UK or the EU before 1 January 2021) | Appearance of a product, including shape, colours, texture, materials or ornamentation. It can be 2-dimensional or 3-dimensional | Protected in the UK for three years from the date you make your design public | Unregistered designs |
Protection you have to apply for
Depending on the types of IP, you might need to register them to ensure sufficient protection.
| Type of protection | Examples of IP | How long does it last | Find out more |
|---|---|---|---|
| Trade marks | Distinctive product or brand names, logos, slogans, symbols, sounds, colours, etc | Initially for ten years, after which it can be renewed indefinitely | Trade marks |
| Registered designs | Appearance of the whole or part of a product, including shape, lines, patterns, colours, texture and ornamentation | Registration lasts for five years initially, but can be renewed for a maximum of 25 years | Registered designs |
| Patents | Inventions, novel products, or innovative processes (eg way of manufacturing) | Granted patent can remain in force for up to 20 years, if renewed regularly | Get patent protection for your business |
Keep in mind also that multiple protections can relate to one product. For example, you might register a product's name and logo as a trademark, protect its unique shape as a registered design, patent a unique part of the product, and copyright artwork relating to it.
In addition to the rights outlined in the tables above, there are also other ways of protecting your original ideas, eg using confidentiality agreements, copy-protection devices, publication rights and trade secrets. For more on those, see trade secrets and other IP protection.