An early-stage company should look to protect its IP as soon as possible.
Having strong IP assets will increase a company's attractiveness and, therefore, value to potential funders. Patents, for example, can be a “quality signal” for early-stage companies. An investor will want to know that the company owns its IP and can freely use it without the risk of infringing a third party's rights or costly litigation. Having well-protected IP and a considered IP strategy gives an early-stage company a competitive advantage.
Our commercial team includes more than 100 IP experts who can assist our venture clients with national and international IP solutions.
Strategic advice
Start-ups need to protect effectively their IP, but often need to do so to a tight budget. Putting in place the right strategy regarding what IP to protect, how and when – and as soon as possible – is imperative. In addition to this, Osborne Clarke can give advice on how potentially to commercialise your IP, discussing which route might best suit the company – such as licensing, own development and sales.
Assignments of founder rights
Founders (and, in the case of a spin-out, their employer institution) may have created and developed the IP prior to the company being established. Osborne Clarke can provide advice on how the IP can be properly and legally vested in the company to ensure the company harnesses its full benefit.
Confidentiality
Osborne Clarke are able to provide tailored confidentiality agreements and advise on third-party dealings that involve the disclosure of confidential information; in such cases, we can ensure that appropriate undertakings are entered into by the third party and limit the purposes for which the information can be used.
Patents
Our team includes patent specialists who can advise on patent disputes, including with respect to patent validity and infringement. Our team has extensive experience litigating at all levels of court in England and Wales and coordinating cross-border patent disputes. While specialist patent attorneys will need to apply for patents at IP offices, Osborne Clarke can provide preliminary strategic advice and introduce you to patent attorneys who can assist with that process.
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Trade marks
A start-up will, at the very least, have a company, brand or product name to protect. We can provide advice on and make filings to register your trade marks, and advise on protecting your marks should they be challenged. Over time, if your portfolio of trade marks grows, we can assist with its management.
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Copyright
A company may have created a large amount of content in which copyright subsists. Our specialist team advises copyright and database rightsholders and users how to manage, enforce, protect, and exploit rights across a range of creative industries. We have advised many innovative start-ups, including cutting-edge games developers, price-comparison sites, newspaper publishers, retailers, and internet service providers on copyright protection. We have particular experience in digital copyright matters, online content distribution, advising on new technologies, and the liability and obligations of online intermediaries.
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Licensing, collaboration, partnering, joint ventures
A business's growth plan may involve the licensing of IP to a third party to further develop it, incorporate it into products or otherwise commercialise it. Alternatively, a business may seek to develop further by partnering, entering into co-operation and collaboration arrangements or even a joint venture with a third party. Osborne Clarke can provide assistance with any of these legal arrangements and provide guidance on the risks and benefits and any impacts the arrangements might have on the company's present and future IP. Our wider team can also provide support with related competition and tax law advice.
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Disputes and infringement
In the event that a venture company's IP is challenged or potentially infringed by a third party, Osborne Clarke is able to draw on its wealth of experience dealing with a wide range of IP disputes, including in court litigation, proceedings in national and international IP offices, and arbitration or mediation. We are able to provide strategic and commercially oriented advice to enable our clients to act quickly and effectively to best protect their IP. The team can also act on matters where the ownership of IP is disputed or there has been a breach of confidence.
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