Intellectual property (IP) covers the intangible assets that set your business apart: your name, logo, inventions, designs, website content, software and creative work. If you run a business in the UK, you almost certainly own some form of IP, and you will also use IP owned by others — from stock photography to software licences.

For women-led businesses and start-ups, IP is more than a legal formality. Research by the UK Intellectual Property Office (IPO) suggests that businesses which own registered IP rights are more likely to grow and export than those without. This guide explains the main types of IP, how to protect them and how to avoid infringing the rights of others.

What is intellectual property?

Intellectual property lets individuals and businesses own what they create. It can include:

• brand names, logos and slogans
• inventions and new processes
• software, apps and databases
• product designs and packaging
• books, blogs, marketing copy and technical documentation
• music, photographs, films and illustrations
• confidential know-how, recipes, formulas and trade secrets

IP can be extremely valuable. Some businesses — such as games studios, fashion labels and technology start-ups — exist primarily to create and exploit IP. For female founders in sectors like femtech, sustainable products and creative services, protecting that value from the outset is essential.

How you can protect your intellectual property

The right protection depends on the asset. The four main UK IP rights are:

• Copyright protects original literary, dramatic, musical and artistic works, including software, photographs and written content. It arises automatically when the work is recorded, so there is no register to join in the UK.
• Patents protect new inventions and the technical features or processes that make them work.
• Trade marks distinguish your goods and services from those of competitors. They can be words, logos, sounds, colours or shapes.
• Designs protect the appearance of a product. You may have automatic unregistered design right, or you can apply for a registered design for stronger protection.

Digital assets and confidential information can also be protected through contracts, encryption, access controls and non-disclosure agreements (NDAs). The IPO offers a free IP Health Check to help you identify what you own and what to protect.

Patents

A patent gives you the exclusive right to make, use, sell or license an invention in the UK for up to 20 years, provided you pay renewal fees. It must be new, involve an inventive step and be capable of industrial application.

Before applying, search existing patents using the IPO’s free Ipsum service to check whether your idea is novel. The application process is detailed; many products are covered by several patents. A chartered patent attorney can help draft claims, conduct searches and ensure you are not infringing existing rights. You can also license or sell a patent to another business. For women innovators, patent ownership can strengthen your negotiating position with manufacturers, licensees and investors.

Copyright

Copyright applies automatically to original work as soon as it is recorded in a tangible form. It covers company documents, software code, photographs, music, films and marketing materials. For most works, copyright lasts for the life of the creator plus 70 years.

If an employee creates work in the course of their employment, the employer usually owns the copyright unless a contract says otherwise. If you use freelancers or agencies, the position can be less clear, so always agree ownership in writing before work begins.

As a copyright owner, you can decide whether to:

• license the work to others for a fee or royalty
• allow adaptations, translations, performances or broadcasts
• sell or assign the copyright outright
• take action if someone copies or distributes the work without permission

Trade marks

A trade mark is the sign customers use to identify your products or services. It can be a word, logo, slogan, shape, sound or even a colour combination. Registering a trade mark with the IPO gives you exclusive rights in the UK for 10 years, renewable indefinitely.

Before applying, search the IPO trade marks database to ensure your mark is not already registered or too similar to an existing one. You must also choose the correct classes of goods and services; getting this wrong can weaken your protection. A strong, distinctive mark is easier to defend and can become one of your most valuable marketing assets. For women-led brands, trade mark protection helps prevent others from trading on your reputation.

Designs

UK unregistered design right protects the shape or configuration of a three-dimensional article for a limited period, but it does not cover surface decoration. Registered designs protect the overall appearance of a product — including lines, contours, colours, shape, texture and ornamentation — and can last up to 25 years with renewal fees.

Flat designs such as textile patterns, wallpaper and graphics generally do not qualify for unregistered design right, but they may be protected by copyright or, where they form part of a product’s appearance, by a registered design. Since Brexit, UK registered designs are administered separately from EU registered designs, so review your portfolio if you trade abroad. If you need protection overseas, you can apply for an international design through the Hague System, designating the UK, EU or other countries.

A start-up intellectual property checklist

Even early-stage businesses can own valuable IP. Taking time to identify and protect it now can prevent costly disputes later. If IP is central to your business model, speak to a specialist IP attorney; most offer a free introductory consultation. It is worth comparing proposals from at least three advisers.

Practical first steps include:

• Register your business with Companies House and HMRC, and check that your chosen name is not already in use or registered as a trade mark.
• Decide whether your logo, brand name or slogan should be registered as a trade mark.
• Assess whether your invention is eligible for a UK patent.
• Consider registering a design for the appearance of your products.
• Review whether you need international IP protection if you plan to export.
• Carry out an IP audit to identify what you own, what you license and what you might be infringing.
• Use written agreements with employees, freelancers and collaborators to clarify who owns copyright and confidential information.

Protecting your IP is an investment in the future value of your business. For women entrepreneurs and start-up founders, clear ownership of brands, inventions and creative work can open doors to funding, licensing and growth.