Protecting intellectual property
Types of legal protection for intellectual property rights
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 |
|---|---|---|---|
| Type of protection Copyright | Examples of IP Original writing and literary works, art, photography, films, TV, music, web content, sound recordings and software | How long does it last The length of protection varies according to the type of copyright work, when and where it was created | Find out more Copyright for your business |
| Type of protection Design right | Examples of IP Configuration and shape of 3-dimensional objects | How long does it last Lasts for 10 or 15 years, depending on when the product is first sold or created (whichever comes earliest) | Find out more Design right |
| Type of protection 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) | Examples of IP Appearance of a product, including shape, colours, texture, materials or ornamentation. It can be 2-dimensional or 3-dimensional | How long does it last Protected in the UK for three years from the date you make your design public | Find out more 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 |
|---|---|---|---|
| Type of protection Trade marks | Examples of IP Distinctive product or brand names, logos, slogans, symbols, sounds, colours, etc | How long does it last Initially for ten years, after which it can be renewed indefinitely | Find out more Trade marks |
| Type of protection Registered designs | Examples of IP Appearance of the whole or part of a product, including shape, lines, patterns, colours, texture and ornamentation | How long does it last Registration lasts for five years initially, but can be renewed for a maximum of 25 years | Find out more Registered designs |
| Type of protection Patents | Examples of IP Inventions, novel products, or innovative processes (eg way of manufacturing) | How long does it last Granted patent can remain in force for up to 20 years, if renewed regularly | Find out more 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.