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Ownership of IP is neglected in contracts, says Patent Office

OUT-LAW News, 21/06/2005

Over 70% of British businesses risk losing their intellectual property rights when they sign deals with other businesses, because they do not clarify ownership details in the contract, according to a new survey from the UK Patent Office.

The research found that 40% of businesses think that they automatically own the copyright if they ask a sub-contractor to develop software for their business while an additional 30% of businesses do not know who owns it.

In fact, the ownership of the copyright actually rests with the sub-contractor unless the commissioning business clearly states in a written contract before work is carried out that ownership is theirs.

"All businesses need to be aware of how to handle intellectual property because they all own some and should value it,” said Lawrence Smith-Higgins, Head of Marketing at the Patent Office. “When you sell a business or have it valued, it is often assets such as trade marks, copyright, patents and design registrations which command a great deal of the value. You can not afford to let these assets slip through your fingers from lack of knowledge."

The Patent Office, the Chartered Institute of Patent Agents and the Institute of Trade Mark Attorneys are running a campaign to increase awareness of intellectual property rights, and how businesses can benefit from it. 

 

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