Avoiding the intellectual property trap - Paul Edels

Is intellectual property just an abstract concept for entertainers and corporate giants seemingly living in a different world to the rest of us?

When you consider recent high profile news stories you may be forgiven for thinking so, but the reality is far from it – and it can have serious repercussions for a dental practice. 

Goodwill, the lifeblood of any business, is defined as the attractive force that brings in custom. But the question is: Where is it manifested? As a dental practice your goodwill is founded on your reputation, either via word of mouth or through marketing, branding and advertising. This is what encourages your existing patients to return to you and new patients to try out your service, and is all underpinned by intellectual property.

Any small business, such as a dental practice, can spend a considerable amount of money on creating a strong, positive image, enhancing its goodwill. This can be through designing a new logo, having a sign put up outside the premises, investing in a new website, or having office stationary printed. However, issues can arise if the proper precautions are not taken first. 

Much of the legal work undertaken in the field of intellectual property relates to those who either did not know they had any intellectual property, or did not consider whether their marketing activity would step on the toes of those who do. The questions any business should therefore be asking themselves are:

1. Will you be infringing someone else’s intellectual property rights when you launch your brand, website or business identity?
2. How do you stop others from infringing your intellectual property rights?
3. What will you do if you are accused of infringement?

These questions relate to the main causes of action around intellectual property and there are some simple steps that can be taken to prevent legal action:

1. Carry out thorough searches to avoid accusations of infringement.
2. Protect your ideas from the offset.
3. Deal with any disputes in a timely manner, as this is the best way to avoid litigation.  Whether you are accused of infringement or feel that someone has infringed your IP, always seek specialist guidance and advice first.

So, before you even begin developing your new name and brand, it is essential to make sure that you’re not going to be stopped from using your name. Furthermore you will also need to ensure that someone else isn’t going to take advantage and use the same name, or image, effectively hijacking your goodwill.

If you do fall into the intellectual property trap, contact us immediately at Goodman Grant Solicitors for honest, expert guidance and pragmatic advice.

© 2014 Goodman Grant Solicitors Ltd

Paul Edels of Goodman Grant Lawyers for Dentists

For more information call Paul Edels on 0151 707 0090 or email

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www.goodmangrant.co.uk