How do I protect my ideas, trade secrets and IP?

Just as the way that you create ideas, products, services, materials and experiences can take many different forms, so the way to protect these creative efforts can vary. And the forms of protection – as well as the options you have to commercialise the end result – also varies significantly, depending on what you want to achieve and where you want to achieve it. Here we demystify what it means when we refer to copyright, trade marks, design rights, patents and passing off.

In addition, you probably possess very important confidential information in your business: your trade secrets. We give you guidance on keeping those secrets, secret! Have you considered that if you employ people in your business, they may be in a position to exploit your IP or confidential data for their own gain, possibly by using their knowledge to assist a competitor? If they’re not properly trained, they may even do this inadvertently, which can still create vulnerabilities for your business, both in terms of the competitive edge that you may lose, but also since such disclosures could be unlawful of themselves (e.g. breach the competition and cartel rules, which apply to businesses small and large). We recommend using our guides as your starting point and to set helpful context for the way in which you use our templates and other documents. If you’re ever unsure about how to use any of our materials, just get in touch on the contact details below.

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The content on this website has been prepared by Markel Law LLP and it’s specified partners. It’s intended as guidance only and not to be regarded as a substitute for consultation with one of our solicitors or experts, since every case will ultimately turn on its own particular facts and circumstances. We recommend that you use our materials as your starting point and be aware that you sometimes have to follow a set procedure before taking any action, especially in an employment context. If you are in any doubt, we’d suggest that you get in touch with us and we’ll talk you through your options on how to get the right legal advice.