Intellectual Property Risk Disclaimer

When thinking of sharing an idea, invention or innovation it is important that you have given proper consideration to the intellectual property (IP) in what is to be disclosed.
IP can relate to new inventions that we might develop, products that we design, written or drawn materials that we produce, recordings that we make, software that we develop and our brands and trade marks, amongst other things; essentially, IP is a way of protecting intellectual and creative output so that it can be exploited, traded and others can be stopped from using it. It acts as an incentive for people and organisations to develop new technologies and generate new creative output.

There are different forms of IP protection that relate to different kinds of ideas and inventions; patents generally protect how something works and its function, copyright protects what we write, draw or record, registered (or unregistered) designs protect something’s appearance, its aesthetics and trade marks protect brands and help to distinguish one set of goods and services from another. Some of these IP rights, such as copyright, arise automatically and do not need to be registered, others, such as patents, need registration.

Before you share an idea it is important to know what IP rights might apply to what you wish to disclose and ensure that they are protected in some way before you do so, even if this is just through an initial non-disclosure agreement (NDA). If you do not then you may lose the ability to protect it at a later date and be seen to have given the idea away, making it difficult to maintain ownership and control of it and generate any money from it.

We can help and advise on what IP may be applicable to your idea or what you have created and what needs to be done to get you into a position where it is protected, or at least safe to share with others. It may be that it is safe to give a very general overview of the idea, i.e. what area it is in, the problem it solves or what its intended purpose is, for example, but not give any details of the idea itself or how it works, unless IP protection is in place.

Initially though, to be safe, it is always best not to share your idea with anybody until you have received such guidance or are sure that your IP is protected. If you want any support in this area please contact Meridian@wmahsn.org or call 0121 371 8061.