What is ecodesign?

In this guide:

  • What is ecodesign?

    An overview of ecodesign and the key environmental considerations when developing products using ecodesign principles.

    Ecodesign means producing goods and services that meet your customers' needs while:

    • using the minimum levels of resources
    • having a minimum impact on the environment and society

    Ecodesign involves designing or redesigning products, services, processes or systems to avoid or repair damage to the environment, society and the economy.

    Ecodesign is present all around us - in sustainable flooring, green energy heating systems, eco-friendly packaging and even recyclable products.

    Ecodesign principles

    There are ten core environmental considerations at the heart of ecodesign:

    • using materials with less environmental impact
    • using fewer materials overall in the manufacture of products
    • using fewer resources during the manufacturing process
    • producing less pollution and waste
    • reducing the environmental impacts of distributing products
    • ensuring that products use fewer resources when they are used by end customers
    • ensuring that products cause less waste and pollution when in use
    • optimising the function of products and ensuring the most suitable service life
    • making reuse and recycling easier
    • reducing the environmental impact of disposal

    You should evaluate your product or services according to these principles and their environmental impact, as well as the potential for improvement or change.

    When should you consider ecodesign?

    Projects with large environmental impacts or natural resource use are the best candidates for an ecodesign transformation. However, you can apply ecodesign principles even in the smallest of projects by making sure that you:

    • maximise the use of sustainable materials
    • use the least amount of energy necessary
    • design a product so that it can be recycled or reused at the end of its lifecycle

    Find out more about the advantages and disadvantages of ecodesign.

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  • Advantages and disadvantages of ecodesign

    Introduction to the environmental and cost benefits of ecodesign, and some barriers to creating products or services in a sustainable way.

    Ecodesign, or sustainable design, aims to minimise the environmental impact of a product over its entire lifecycle. As well as creating benefits for the environment, ecodesign also offers great potential savings and efficiencies for businesses. See what is ecodesign.

    Advantages of ecodesign

    The potential benefits of using ecodesign include:

    • lower production and labour costs and greater efficiency
    • reduced material and resource costs
    • lower waste disposal costs
    • improved functionality and quality of products
    • increased market share
    • improved environmental performance
    • improved customer and supplier relationships
    • easier and lower cost of compliance with legislation
    • easier disassembly and increased potential for recycling
    • most suitable product design life
    • a better working environment and business culture for your staff

    Ecodesign can also lead indirectly to economic benefits, such as providing a useful marketing tool and encouraging innovation and product development.

    Barriers to ecodesign

    You may find a number of barriers to creating products using ecodesign principles. These include:

    • consumers' low level of understanding of ecodesign
    • cost - and whether your clients or customers are prepared to pay that cost
    • difficulties to clearly demonstrate the benefits to buyers so that they choose your product
    • risks of trying new materials and approaches
    • finding alternative ways to make money out of longer-life products
    • difficulties using ecodesign on mainstream products instead of just high quality and niche products
    • targeting the right stage in the product's lifecycle or supply chain so you get the greatest environmental paybacks for your investment
    • integrating principles across business approaches and supply chains where the opportunities can be greater than singling out 'eco-products', which in some cases don't succeed

    However, overcoming the barriers can lead to more advanced, profitable and sustainable products.

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  • Ecodesign: compliance and standards

    Understand the legal responsibilities and standards that relate to the ecodesign of products, and how to ensure compliance with ecodesign directives.

    Ecodesign is usually good business practice, but in some cases you may need to comply with certain legal requirements.

    Ecodesign in packaging design

    If you design or use packaging, you will have to comply with packaging and packaging waste management.

    Ecodesign and electrical equipment obligations

    If you manufacture, distribute or sell electrical equipment, you will have to meet a number of ecodesign requirements, including:

    Ecodesign in building and construction

    The Building Regulations are increasingly focused on ensuring the sustainable design of buildings. You need to ensure any new builds or adaptations comply with the requirements for controlling environmental issues such as energy efficiency.

    You must also follow measures that require businesses to improve the energy performance of commercial buildings. These include air conditioning system inspections and Energy Performance Certificates.

    If a construction project is valued at more than £300,000, you should have a site waste management plan. The plan should enable waste from construction sites to be managed more sustainably. See how to introduction to site waste management plans.

    Sustainable design standards

    The International Organisation for Standardisation (ISO) has produced the ISO 14062 standard, a technical report on integrating environmental aspects into product design and development. You can also use a standard such as ISO 14001 to gain certification for the way you manage your environmental impacts, including your product designs.

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  • Ecodesign: process and strategies

    How to plan ecodesign for your products and introduce ecodesign activities within your business’ existing design process.

    Product design processes are unique to each business. However, if you are considering ecodesign, there are several specific things you should focus on.

    Key steps for ecodesign

    These include:

    • market demand and opportunity - identify the need for new or revised products within the marketplace
    • concept development - evaluate the commercial and technical aspects as well as the feasibility of the initial design
    • detailed design - define the form and function of new or revised products to produce prototypes
    • prototype - assess the products' design and allow for changes to be made
    • testing and final design - make any last-minute changes to the overall design before products go into production
    • production - establish systems to check the performance of new or improved products against forecasts
    • review - gain regular feedback from end customers, production and sales staff to improve and update products over time

    How to get started with ecodesign

    There are a number of ways you can ensure ecodesign results in products that are fit for purpose, have a clear market, and have less overall impact on the environment and society.

    Starting the ecodesign process requires a number of important factors to be in place within your business. It can help to devise a strategy to ensure that you:

    • get full support of senior management who can give access to specific environmental information, coordinate the work and allocate staff
    • appoint a 'champion' to be the focus for all issues relating to ecodesign work
    • hold ecodesign workshops within your business to help your staff understand how to minimise the impact of products on the environment
    • produce a business case to look at the economic benefits that using ecodesign could bring to your business

    Your products should deliver an expected service to their owners. Ask yourself if the product itself (or the function it provides) is what the customer actually wants. You should also consider if your new or revised products embody what the customer really values in the products they buy. See how to research your products for ecodesign.

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  • Research your products for ecodesign

    How to carry out research and life cycle assessment to ensure that new or revised products follow ecodesign principles.

    It is important to begin ecodesign with detailed research to reveal which elements of your products could cause the greatest environmental impact, and how ecodesign could address these issues.

    Key topics for ecodesign research

    In your research, you should aim to:

    • identify which materials and fixings are used in the products you want to design or redesign
    • understand where you can make improvements in the manufacturing process
    • find out how the products are packaged, stored and distributed
    • find out how the products are used and what impacts they have on the environment
    • establish what happens to the products at the end of their useful life

    Your research should cover the ten key ecodesign considerations. For more details, see what is ecodesign.

    You should also research packaging design at the same time as researching your products' design. This can help you to keep the packaging to a minimum and could even offer opportunities to reuse the packaging within the product once the customer receives it. See how to design packaging to reduce environmental impact.

    Research best practice

    Your business should follow a number of general principles to ensure thorough research and ecodesign. For example, you should:

    • set realistic objectives and scope for your research
    • use existing information, product records or specifications to carry out preliminary research
    • dismantle your products to see how easy they would be to recycle
    • measure your products' environmental performance and compare this with your ecodesign - see how to set environmental performance targets
    • keep up to date with forthcoming legislation

    Life cycle assessment (LCA)

    This assessment looks at every aspect of your products and can enable your business to identify:

    • areas where the greatest cost savings and environmental improvements can be made
    • reductions in materials and energy used in your ecodesign
    • which design components have resulted in increased market share and higher product quality

    For more information, see how to carry out an environmental review of your business.

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  • Identify ecodesign priorities

    Assess your priorities when developing new or revised products that will use ecodesign.

    When you are creating goods or services from scratch, you can consider ecodesign from the start. Early in the project, you can usually specify the most sustainable raw materials, production methods, delivery, use and end-of-life criteria.

    Using ecodesign on existing products

    If you are adapting existing goods or services, you may have to consider some compromises, either in:

    • the form or function of your goods and services
    • the plant and equipment that you use to produce them
    • the way they are used and then handled as waste

    You should think about how you can assess the different design ideas. Create a clear set of priorities to ensure your work is focused and that it results in products that have a reduced environmental impact and a large enough market.

    Use research findings to set priorities

    The research you carried out in the early stages of your project should reveal how your products affect the environment. You should create a set of priorities from this data that you can use to help your business create its ecodesign products. Carrying out this research early will save you money later. For more information, see how to research your products for ecodesign.

    When you are deciding which design ideas to use, you should consider:

    • the scope of the environmental gain you can expect from the products
    • how the products will comply with existing and future legislation, especially with regard to disposal
    • what direct cost savings your business can expect
    • what indirect cost savings your business can expect, eg waste treatment
    • the marketing benefits that you could gain
    • how you could improve the relationships with your suppliers and customers
    • what work is involved in moving to ecodesign principles and the likely costs of implementing these changes within your business
    • the overall feasibility of the work and the potential risks that your business might face

    Remember that these considerations are not universal across all businesses. Your business' own aims, market, products and overall strategy should determine which considerations are most important.

    In addition, you should involve your marketing, sales, design and production teams when identifying your design priorities. This will help you to increase your understanding of how ecodesign can benefit your business.

    Read about the advantages and disadvantages of ecodesign.


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  • Product ecodesign checklist

    Considering the whole of a product's lifecycle to ensure goods and services become more sustainable

    Whether you are creating new goods and services or refining old ones to make them more sustainable, you should consider the whole lifecycle of a product in the context of your ecodesign initiative.

    Increasingly, service businesses such as architects, insurers, holiday complexes and event managers are also focusing on environmental and sustainability issues.

    Key checkpoints for product ecodesign

    The key points of a product's lifecycle that you need to assess are:

    • Design - does the design ensure that the product meets its purpose in the most energy and resource-efficient way? Can the product be repaired, remanufactured, disassembled or recycled easily? Does the design make use of the most efficient materials and enable the user to be as efficient as possible in using the product? Find out how to identify ecodesign priorities.
    • Raw materials - can you use fewer raw materials to get a satisfactory result? Are your raw materials recycled or recyclable? Are you using raw materials with the least environmental impact? Are you complying with regulations on hazardous materials? See how to choose raw materials for ecodesign.
    • Manufacture - can your manufacturing be more energy efficient? How can you reduce waste and packaging? Are there other ways to get the same manufacturing results but be more efficient?
    • Retail - is your packaging as efficient as possible? Could you use less packaging? Can you reduce transport costs by shortening supply chains or the distance your goods need to travel? Could the way in which your product is displayed be improved (eg not refrigerated, not lit up), and can waste be reduced through better supply chain management? Do you communicate with your customers on how to choose the most environmental products?
    • Use - can you make your product last longer, either by better component use or designing with easy repair in mind? How can you help customers use the same products for longer?
    • End of life - can the product or service be reused, remanufactured or recycled? If not, can you reduce the amount that needs to go to the landfill? See more on ecodesign for end of product life.
    • Legal - are you meeting your legal responsibilities for goods, such as electrical and electronic goods? See ecodesign: compliance and standards.

    As well as the environmental impact, you should also consider the social impact of each stage of the product's lifecycle, such as the effects on workers and local communities where your raw materials come from, where the goods or services are produced and where they end up when they have finished being useful. See more on corporate social responsibility.

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  • How to choose raw materials for ecodesign

    Consider your use of raw materials while developing sustainable goods and services.

    Your selection of raw materials has a significant impact on the sustainability of your goods and services.

    Choosing raw materials for your product

    When choosing materials for ecodesign, you need to consider:

    • the level of virgin and recycled content of the materials
    • their carbon and ecological footprints
    • what the most sustainable mix might be

    You also need to consider whether the materials can be extracted and reused or remanufactured when they have finished being used. There may be a market for the materials and legislation governing their disposal and use.

    If the materials can be recycled, assess what recycling facilities are available, and if the material can be clearly marked to help people recycle it.

    Advantages of choosing sustainable product materials

    If you choose the best materials and match the material with the job, you should see a number of benefits, such as less waste and increased efficiency during manufacturing and use.

    Using fewer materials overall can reduce your business' environmental impact as well as lower costs. It can make products and packaging lighter and simpler, reducing waste and the cost and impact of distribution. Using fewer materials can also make it easier to recycle your products.

    You can also use your choice of materials to innovate and differentiate your product or service from others in the marketplace. See how to use recycled materials and products.

    Choosing substitutes materials for ecodesign

    Some of the most important decisions you make when selecting raw materials relate to the manufacturing costs and performance of your products. It's often the priority to simply find the materials that are best suited to those criteria. However, that material may not necessarily be the most sustainable. You may want to consider:

    • Is it possible to substitute materials for more sustainable alternatives - eg if some materials in your product cannot be recycled, can you replace them with alternatives that can be?
    • The environmental impact of transporting the materials you use in the product or its packaging - eg can you substitute materials for those which result in lower carbon emissions?
    • If any downsides to the substitute are outweighed by the potential benefits that can be gained - eg from promoting how sustainable your goods or services are.

    Reusing other business' waste

    If your business has no use for a by-product or waste that you create, another organisation may be able to use it as a raw material. Your business may also be able to use another organisation's waste. You may be able to cut costs and generate income from buying or selling waste materials.

    Invest Northern Ireland can provide advice and support to help you manage business energy and waste.

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  • Ecodesign for end of product life

    How to design products so that you or your customers can reuse or dispose of them in an environmentally friendly and cost-effective way.

    Ecodesign can help ensure that you can reuse your products at the end of their life cycle, or dispose of them in an environmentally friendly and cost-effective way.

    Making the most of end-of-life (EoL) products

    Options for making the most out of end-of-life products include:

    • Repair - this is useful for products that are difficult to replace or have a high sentimental value.
    • Re-marketing - this can work for a product when it has reached its end of life because it has become dated. For example, you may be able to remarket used but still functional mobile phones to a less technologically advanced global region.
    • Reconditioning/refurbishing - this includes replacing or repairing only critical components of the product, and not superficial damage to the appearance. This may be cheaper to carry out than remanufacturing, but the product's resale value will also be lower.
    • Remanufacturing - this involves disassembling the product and using its core components to build an 'as new' product. See more on producing goods for remanufacturing and reuse.
    • Repurposing a product for a different use - for example, using an obsolete MP3 player as a flash drive for data storage.

    You can design your products to make these options more possible by using core components which do not wear or become obsolete quickly, and making the products easy to disassemble.

    Disposing of end-of-life products

    Options for disposing of end-of-life products that can't be reused, or prepared for reuse, include:

    • Recycling - you should design your products using recyclable materials wherever possible. You can also use this as a marketing point, as recycling has a positive consumer image.
    • Composting - may be a good option for organic goods or goods with organic components.
    • Incineration - you may also be able to recover heat or power from the combustion process.
    • Landfill - this should be a last resort for goods that you can't reuse, reclaim or dispose of any other way.

    You should carefully consider any negative impacts of the product's design - for example, a non-recyclable coating on an otherwise recyclable component, or chemicals which could create toxic emissions if incinerated. Through ecodesign, you may be able to find more suitable materials or production processes.

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  • Evaluate your ecodesign products

    How to use feedback from production and sales departments to ensure the manufacture of profitable ecodesign products

    To see how your ecodesign is performing in the marketplace, seek out as much feedback as possible. Your sales, marketing, production and manufacturing departments can all help to confirm how marketable your products are.

    Feedback from production

    Ask your production manager for detailed data on the performance of your new designs as they are manufactured. This information may highlight the need to change your plant and machinery to further improve the production process.

    You could use this feedback to:

    • increase production and assembly efficiency by simplifying your production processes or increasing line speed
    • reduce packaging levels
    • reduce the amount of waste produced and the quantity of energy and materials wasted during manufacture

    Feedback from sales and marketing

    You should also review how new products are received in the marketplace. Your sales and marketing staff can:

    • assess how robust the products are and how their packaging performs
    • confirm that there is a market for the products
    • analyse the customer feedback about likes and dislikes
    • identify areas for further development of the products

    Read also about user-centred design.

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Create a business plan for innovation start-up

In this guide:

  • Create a business plan for innovation start-up

    How to prepare a business plan for an innovation start-up and what to include in it to attract investment

    A novel idea is the starting point of every innovative business. An innovation business plan will help you to:

    • validate the feasibility of that idea
    • evaluate the market potential
    • verify that there is a real demand for your product

    It can also help provide your innovation start-up with credibility and focus, which is vital if you want to attract investors for your innovation start-up.

    Innovative business plan - key elements

    Your business plan for innovation should show:

    • how you will develop and exploit your invention
    • the capability and experience of your team
    • how you will finance costs
    • how investors will be able to realise their profits

    Other key questions that your innovative business plan should answer include:

    • What is unique about the innovation and is it protected?
    • Who will buy it and why?
    • What will it cost to deliver and how much will it sell for?
    • What is the competition, and how do you propose to tackle this?
    • When will the business start receiving income and when will it break even?

    For more information on finance and funding, see funding for innovation start-ups and exit strategies for innovation start-ups.

    How to structure a business plan for innovation?

    A sample business plan structure for innovation start-ups may involve:

    • executive summary
    • description of a business idea or your business statement
    • product or service description, including how you will exploit any new technology or IP
    • market analysis, including trends, needs and growth projections
    • competitor analysis - looking at their strength and weaknesses, and opportunities
    • marketing plan and strategies
    • management and operations, including your business' legal and organisational structure
    • financial planning and resource requirements
    • risk management, covering business, technology or financial risks

    Detailed guidance is available on how to prepare a business plan and tailor your business plan to secure funding.

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  • Significance of intangible assets to innovation

    How to identify the different assets of your innovation start-up and use intangible assets, such as patents, designs and trade marks, to raise funds for your business

    When setting up any new business, you should consider what your assets may be, how you can use them and ways to protect them.

    Your core assets can be split into:

    Tangible assets could include premises and equipment related to production or delivery. You can have these assets valued to provide an accurate description of what they are worth. You can buy and sell, borrow against, and use these tangible assets to back other financial instruments.

    More important to an innovation start-up, however, are intangible assets. These can include less measurable things, such as:

    • knowledge or 'know-how'
    • unique business methodologies
    • customer lists
    • goodwill
    • company's reputation
    • service or supply contracts
    • trade secrets
    • intellectual property (IP), such as trade marks, designs, copyright or patents

    By nature, intangible assets are nonphysical and nonmonetary. They can be difficult to quantify or covert to cash, but you may be able to use some of the intangible assets to raise funds. It is, therefore, worth protecting them.

    Advantages of intangible assets

    Intangible assets are an important source of strong competitive advantage for business and central to creating customer value, as well as shareholder/stakeholder value. For example:

    • patents help businesses to protect their inventions from unauthorised exploitation
    • business' reputation, often measured by goodwill and brand recognition, is crucial for promoting sales, building trust, and increasing customer loyalty
    • business' knowledge, skills and processes are critical for creating long-term value

    Often, intangible assets are more valuable to a business than their tangible assets. Their worth may vary from business to business.

    Raising finance against intangible assets

    The easiest way for companies to raise funds using their intangible assets is through:

    • sales - which provides the business with immediate payment
    • licensing - which creates future revenue

    You can also use some intangible assets - such as IP – as collateral in a traditional asset-based loan. This happens when a lender extends credit to a company based on an assessment of disposal value of their IP in the event the company defaults on their loan repayments.

    Read more about selling your intellectual property and find out how to make money from trade marks.

    Because there is value in IP, protecting it could be vital to your future success. It is important to understand the law, your rights and the rights of other IP holders.

    See how to carry out business asset valuation and read about the importance of assets in business.

    Actions
    GOV.UK's guide on IP valuation
    NESTA's fast ideas generator
    NESTA's innovation flowchart
    Invest NI's IP support for business
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    Protecting intellectual property
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  • Funding for innovation start-ups

    How to fund an innovation start-up through private financing, equity investments and publicly funded schemes

    Finding funding for a new business or idea is often challenging. Banks are reluctant to lend money to innovation start-ups, especially those without significant tangible assets such as premises and equipment.

    Sources of innovation funding

    In the absence of bank loans and finance, sources of innovation funding may include:

    • equity finance, including business angels and venture capital
    • crowdfunding
    • family and friends' loans
    • government grants and incentives

    You may also be able to use your own funds or any existing business funds to finance innovation. You may be able to sell some assets to get cash for your business or use others to get collateral in order to get a bank loan.

    Your intangible assets may also offer an opportunity to raise finance for your business – see the significance of intangible assets to innovation.

    Equity finance for innovation

    Equity investors can provide the necessary capital in return for a share of your business. Experienced investors are often a popular source of finance, since they can also provide help with contacts, strategy and management.

    You can get small to medium-sized investments through:

    • business angels - privately wealthy individuals
    • corporate venturers - big businesses interested in the development of new technologies
    • seed venture funds - locally based funds, often linked with regional strategies

    Larger sums - ie over £1 million - are usually offered by venture capitalists and trusts.

    Equity investors will only receive a return on their investment when your business succeeds, so you will not have to repay debts if your business fails. This also means that the investors have a vested interest in the success of the business, and may offer follow-up funding in stages to help it grow.

    However, raising equity can be a costly and time-consuming process. You should be aware that in giving away a share of your business' ownership, you will lose some power in making decisions. Read more about equity finance.

    Crowdfunding for innovation

    Crowdfunding involves raising money for a project or a business from a large number of people, often via crowdfunding websites. It also allows you to market test a product that may only be in the planning phase. See more on crowdfunding.

    Government grants for innovation

    You can get grants to fund your innovation start-up from publicly funded bodies for a variety of purposes and industries. The eligibility criteria, amount of funds available, funding conditions and activities may differ from grant to grant.

    Read more about innovation, research and development grants or use the Northern Ireland Business Support Finder to search for publicly-funded sources of assistance.

    Innovation Vouchers

    If you need external expertise to help with an innovation project, you can apply for Invest Northern Ireland's Innovation Vouchers. The vouchers are worth up to £5000 and allow you to access skills and expertise from one of the 39 registered knowledge providers (eg universities and colleges) through the island of Ireland.

    In the video below, Ian Hawthorne - the owner of Hawthorne Crafts - explains how his business benefited from an Innovation Voucher.

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  • Exit strategies for innovation start-ups

    Common exit strategies for innovation start-ups, including acquisition and IPO, and how to plan for exit

    For many innovation start-ups, exit is the ultimate goal. The term 'exit' refers to the method by which you (or your investors) get a return on the money invested in your business. This generally happens after several years.

    What does it mean to exit a start-up?

    In relation to start-up funding, exiting usually means:

    • selling the entire business
    • selling just the investors' shares in it, so that they can realise the value of their investment

    Ideally, you will want to develop an exit strategy in your initial business plan before you actually go into business. Often, you won't be able to raise money from outside investors without an exit strategy.

    See exit strategy: key considerations when starting a business.

    Common types of start-up exits

    For many start-ups, the most obvious exit is via acquisition. This is when another company buys all or most of your own business and takes over control of it.

    Read more about business exit strategy: selling your business.

    There are other types of exits too, including:

    • refinancing - selling to a different investor, such as a venture capital company
    • merger - uniting two companies into a new one to gain market share or expand reach
    • initial public offering (IPO) - first time selling shares to the public management
    • buyout - selling to the company's existing management

    The ideal timing for these events will depend on the success of the venture, the need for more finance, investor requirements and market conditions.

    What is a good exit strategy for an innovation start-up?

    A good exit strategy will give you a way to either:

    • cash out the investors
    • decrease or discharge your stake in a business and make profit
    • limit your losses, if the business is not successful

    It's never too early to start planning your exit strategy. Your strategy will direct many of the business decisions you make, including:

    • how you run your company
    • which partnerships you pursue
    • how you establish your financial reporting system
    • what funding choices you make

    While exiting most often refers to money, you may need to decide on an exit route for yourself as well. For example, you may want to exit the business:

    • to realise the capital you have built up in it
    • to start a new venture with a new idea
    • because you may not be the right person to take the business forward

    For more information, consider your exit strategy when starting up.

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Improving working practices to boost efficiency

In this guide:

  • Ways to improve your business efficiency

    How do you improve efficiency in business to reduce costs and make the best possible use of your resources

    To run a successful business, you need to be efficient and well organised. Inefficient operations can quickly affect your bottom-line.

    How can a company improve efficiency?

    There are simple ways of improving efficiency in a number of business areas, including:

    • customer service
    • distribution and delivery
    • wastage costs

    Your customers are the most important resource in your business. By listening to what people say about your company and products you can greatly improve the service you provide.

    Increase customer awareness

    Customer awareness of your business is vital in generating interest in your products. You can increase customer awareness through:

    Improve customer experience

    The experience that customers have when they buy your products or interact with your staff will determine whether they return to buy more goods from you. You should:

    • make sure their experience is easy and enjoyable
    • ensure you have an efficient workflow so that waiting times are kept to a minimum
    • communicate well with customers so that they are not put off coming back to you
    • make it easy for customers to give feedback, either directly to you or through surveys, online forums, etc

    Audit your processes

    Map out a workflow to describe processes your employees should follow when selling your products. By looking at all the tasks they need to carry out, you can often spot opportunities to save time and avoid duplication of work. This may include redesigning the way your staff work with digital and physical content to ensure they use their time efficiently.

    Build relationships with your suppliers

    Talking to your suppliers can often provide valuable insight. Suppliers are working with the same products as you, and speak to your competitors as well. Learn how to negotiate - small extras can add up and often negotiating will result in better relationships in the long run. See how to manage your suppliers.

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  • Using technology to improve efficiency

    How to use technology to improve your business processes and increase efficiency

    Technology can help you improve the way your staff carry out tasks. It can either speed up existing processes or allow new, more flexible ways of carrying out the job.

    Assess your use of technology

    In order to work out the best technology for your needs, you should assess your current systems against your requirements. Think about what inefficiencies may exist in your operations and how you can:

    • capture relevant information, such as customer details, in the most simple, time-efficient way
    • manage your documents to ensure that information is dealt with in a logical workflow
    • avoid duplication - eg using handwritten timesheets that then need to be manually inputted onto a PC
    • address technological obstacles - eg simplifying a complex helpdesk process to make it easier to resolve IT problems

    There are nine fundamental technologies that drive the digital transformation of modern-day businesses. These are known under the umbrella of Industry 4.0.

    Find out about Industry 4.0: What it means for your business and discover what different Industry 4.0 technologies can do for your business.

    Find the best technology solution

    The best solution for your business will depend greatly on your industry. Research what your competitors or other companies in your industry are using and consider consumer technologies that are widely available as these may be cheaper if you only have a small number of staff.

    For example, you could consider:

    When you find the right technology solution for your business, it is important to consider its security and take steps to manage cyber security risks.

    How can technology improve productivity?

    Different technological solutions can significantly boost the productivity of your workforce. They can:

    • improve communication across the business
    • increase connectivity of staff, including those working remotely
    • enable collaboration between different teams or parts of the business
    • enhance employee engagement and motivate staff
    • help you track and analyse performance and progress towards goal completion

    New and emerging technologies have a huge potential to transform your business.

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  • Increase efficiency through innovation

    What is efficiency innovation, and how innovation can impact your business performance, profitability and competitiveness

    Innovation doesn't always involve developing new products or services. It often focuses on improving what already exists, for example your business' workflow, production or sales process. Such innovation can lead to great improvements in business performance and efficiency.

    What is efficiency innovation?

    Efficiency innovation often assumes the form of a process improvement or a more efficient business model. It enables businesses to:

    • simplify and streamline their existing processes
    • produce their existing products at a lower cost
    • sell their products or services to their existing customers at lower prices

    This type of innovation can have a major impact on a business. It can raise its productivity and competitiveness, optimise its resource allocation and increase bottom-line savings and profits.

    Efficiency innovation examples

    Many innovative solutions could help you increase efficiency in your business. For example:

    • waste minimisation technologies and processes could help reduce costs
    • business process improvements could help increase productivity
    • standardisation in supply chain (eg through lean processes) could increase your competitiveness or add value to existing products or services
    • finding cheaper materials to make existing products could boost your savings

    Technology can play a key role in improving efficiency through innovation. See examples of digital innovation in business.

    Improve efficiency through innovation

    The inspiration for innovative ideas can come from both within your business and externally - from customers, suppliers, technological advances, etc. The key is to filter the ideas, so that you end up investing in those ideas which are most likely to deliver the best returns.

    The following are some suggestions to help encourage an innovative atmosphere within your business:

    • Share knowledge - Businesses are more innovative when staff know and understand what's happening in other areas. Someone may have an idea that could also benefit another department.
    • Encourage ideas - Make sure people feel able to share their ideas without risk of them being criticised or ridiculed. You could also capture ideas using brainstorms, workshops and/or suggestion boxes.
    • Involve everyone - Recognise that the winning idea could come from anywhere or anyone within your business. Encourage everyone to contribute their suggestions.
    • Reward success - Offer incentives to staff for coming up with ideas that increase your bottom line.
    • Accept risks - It's impossible to innovate without taking risks. If an idea fails, don't blame the person who made the original suggestion or this may discourage staff from contributing ideas in the future.

    See also seven more ways to encourage innovation in your business.

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  • Improving working practices to boost efficiency

    Look at your current working practices, such as staff training and flexible working, to increase efficiency in your business

    You can greatly improve your business efficiency by looking at current working practices, and making improvements where possible.

    How to assess your working practices

    Look at your staff and try to get an understanding of the tools they use for their tasks and how they approach them. It may also be worth thinking about:

    • staff morale - make sure you address any concerns they have, as a workforce will only be effective if they are motivated
    • training - staff should be aware of the tools available to them through training
    • flexible time management - you should explore working arrangements that suit individuals

    For example, you can consider offering:

    • home working - removing the need to commute may increase staff time spent on the job
    • flexible working - this can lead to greater staff satisfaction and increased performance levels
    • sabbaticals - an unpaid break can be a good option if you wish to reduce staff but retain skills for periods of growth
    • flexible contracts - working from different locations or different hours

    See flexible working - the law and best practice.

    The assessment of your working practices can give you a framework for improving them and embedding new, more efficient ways of working.

    How can you improve employee efficiency?

    Your management practices can greatly influence the efficiency and the productivity of your employees. Make sure that you:

    • communicate well with staff
    • delegate responsibilities to the most qualified employees
    • manage performance through effective appraisal systems
    • give regular feedback to staff
    • offer training, development and mentoring opportunities to staff
    • consider offering incentives and perks to motivate staff

    See more on staff motivation.

    Finally, you should explore new technological solutions that could help your staff work in different ways, eg through remote working or virtual collaboration. You could also outsource certain IT tasks or automate processes to save staff time. Find out how to use technology to improve efficiency.

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  • Saving money through energy and resource efficiency

    Understand how energy and resource efficiency and good waste management practices can help you achieve cost savings and make your business more efficient

    Energy and resources effect all businesses and can have a major impact on operations in terms of cost and productivity. Increasing efficiency in these areas not only brings increased competitiveness, but also significant environmental benefits.

    There are two main approaches to developing your resource efficiency strategy:

    • consume less - cut down on what you use, such as paper and ink
    • manage your waste - make the most of the waste you generate, eg sell it on or recycle

    Resource efficiency in the workplace

    Energy efficiency and green operational practice are now widely accepted in the workplace. There is a wide variety of resources online to help you save on energy consumption and minimise your waste.

    A few starter tips on workplace efficiency include:

    • using office supplies more efficiently - eg don't print out every email
    • being innovative with your product design - using less packaging/printing
    • turning off lighting or heating when not in use

    For more advice on increasing workplace efficiency, see how to reduce your business waste to save money and read about managing your energy use.

    Waste management and efficiency

    While you will make significant savings by becoming more resource efficient, you will not be able to remove all waste. Managing the waste that you do produce can be just as important. Make sure you can manage your waste by:

    • having a waste management plan
    • recycling where possible - plastics, paper, metal
    • investigating methods of disposal - some waste may even have a resale value

    See more on reducing business waste in our efficiency guides: introduction to waste management, waste reviews, policies and action plans and office resource efficiency.

    Help with energy and resource efficiency

    Invest Northern Ireland (Invest NI) can offer support to Northern Ireland businesses interested in reducing their energy, waste and resource costs.

    Invest NI's Energy and Resource Efficiency team can provide:

    • technical consultancy - to help identify areas for increased efficiency and cost savings
    • resource matching service - to find opportunities to turn your waste into another business' resource
    • resource efficiency capital grant - to provide investment support for projects that aim to reduce the consumption of water, raw materials or waste production

    For more information, read about Invest NI energy and waste management support.

    Alternatively, you can contact Invest NI's Energy and Resource Efficiency team by email ere@investni.com or Tel 0800 181 4422.

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  • Improving efficiency through lean thinking and Six Sigma

    How to use lean thinking and Six Stigma to streamline your operations management and improve your business efficiency

    Operations management is a way of organising your business in order to improve efficiency. It provides a framework which can help you with planning, forecasting, or marketing your products or services. The two most common approaches to streamlining operations management are:

    • lean methodology
    • Six Sigma

    Lean and Six Sigma management systems can help you reduce inefficiencies and waste across your business, and increase both the quality of your products as well as your business' profitability.

    What is lean methodology?

    Lean thinking method focuses on only spending money on resources that create value for your customers. Anything which does not ultimately increase value for your customers is considered wasteful and a target for savings.

    Lean is concerned with optimising the flow of work, so it can apply in almost any business or process. You should view lean thinking as a way of thinking and a way of changing the culture of your business for the better. See what are lean methods.

    Invest Northern Ireland has created a series of video tutorials on lean thinking to help businesses understand the methodologies involved. Watch Invest NI's tutorials on lean thinking.

    What is the concept of Six Sigma?

    Six Sigma is a methodology similar to lean that started out as a set of practices designed to eliminate defects in manufacturing. It has now extended to other types of business processes and defines a defect as any output that does not meet customer requirements.

    Six Sigma methods are data-driven and this data can be used as a management technique across all businesses in order to improve operations. See what is Six Sigma.

    You may also be able to use lean methods and Six Sigma together.

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  • Drive business growth through efficiency

    Video tutorial on growing your business through increased efficiency

    If you want to grow your business, you must focus on a few core efficiency considerations, such as increasing:

    • the number of customers
    • the number of sales, including from returning customers
    • the average value of each sale

    However, focusing solely on your customers or sales will not necessarily enable you to grow your business profitably.

    Improving business processes

    To make the most of growth opportunities, you must also look at the effectiveness and efficiency of all your business processes, including production, marketing, selling, customer service, finance management, workforce performance and other operational processes.

    This short video will help you consider if you are getting the most out of your business and give you tips and strategies for growing profitably.

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Intellectual property rights in different countries

In this guide:

  • Do I need international IP protection?

    Determine if you should register your IP rights abroad or extend your protection to cover IP infringements overseas

    Intellectual property (IP) rights are territorial. IP rights are only valid in the country or region in which they have been granted. Your UK protection does not automatically extend to other countries. You should consider getting IP protection if you sell online to foreign customers or want to trade overseas.

    Importance of protecting IP when exporting

    IP protection can provide you:

    • exclusive rights to prevent others from exploiting your creativity
    • greater bargaining power to negotiate partnerships in desired markets
    • an asset to sell or monetize through licensing, franchising and merchandising

    It's crucial to think about the future when protecting your IP. If someone sees you are marketing a good idea in one country, they could copy you and start marketing it elsewhere. Unless you have the appropriate protection, you'll have no way of stopping them - and any plans you might have to expand your business internationally may be undermined.

    Read more about the importance of protecting intellectual property.

    IP considerations for exporters

    There is no simple way to secure the worldwide protection of your IP. To obtain rights in foreign markets, you will generally need to:

    • file for protection in each desired market, or
    • rely on international IP agreements to file for protection in several countries through one application

    Different IP laws may apply to different jurisdictions around the world. Legal requirements for obtaining rights may also vary. Your patent, trade mark or design may not qualify for protection in all your markets of interest.

    Similarly, the fees for obtaining and maintaining IP rights vary from country to country. Protecting and enforcing your IP across many jurisdictions may be costly. Be clear and strategic about which markets you want to target to keep the costs down.

    Depending on the type of your IP, your budget and countries of interest, you will need to decide which option is best for your business. Read more about overseas protection of trade marks, designs, patents and copyright.

    Research prior IP rights in the market

    As well as looking at your own IP, you also need to be aware of existing IP rights in target export markets. Research the existence of these rights early on - preferably when planning for export - so that you don't unknowingly infringe someone's IP, or spend time and money on developing packaging, marketing etc for products you won't be able to sell.

    Exporting licensed IP internationally

    If you have a licence to use somebody else's IP, such as a patent or copyright, it should be clear to which countries your licence applies. Sometimes it might give you UK rights only and further rights will need to be negotiated.

    Find out more about licensing intellectual property.

    Get help with IP protection abroad

    International IP protection is complex and you should seek specialist advice. A patent attorney, trade mark attorney or specialist solicitor will have the legal skills to deal with your IP issues. You can:

    Read more about protecting intellectual property.

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  • Protecting trade marks abroad

    How to register your trade marks in other countries and where to get help with registration

    If you want to use your trade mark in countries other than the UK, you can apply to the trade mark office in each country.

    European and international application systems also exist. Both cover many countries, including the UK, and offer other potential benefits including:

    • less to pay
    • less paperwork
    • lower agents’ costs
    • faster results
    • easy application

    To apply for an International Trade Mark you must already have a base application or registration in the UK. See how to register a trade mark in the UK.

    Apply for international trade mark protection

    You can apply to register your trade mark in countries which have signed-up to an international agreement called the 'The Madrid Protocol'.

    The Madrid Protocol is controlled by the World Intellectual Property Organisation (WIPO), which provides a list of member countries that an international application can cover.

    An international application must be based on an existing trade mark application, or registration, in one of the member countries, including:

    • An EU trade mark application or registration. In this case, you must make the international application for that mark through EU Intellectual Property Office.
    • A UK trade mark application or registration. In this case, you must apply for an international application through the UK Intellectual Property Office (IPO).

    Filing through the UK IPO

    You can file your international application at the same time as you make your UK application, or later if you wish. You can also use your UK trade mark application to claim priority when applying for an international trade mark provided this is within six months. This means that your later application will be treated as if you applied on the same date as in the UK.

    The cost to apply depends on which or how many countries you want your trade mark to be protected in. There is a list of fees and fee calculator on the WIPO website. Payments must be made in Swiss francs to WIPO in Geneva.

    For any international application, you will also have to pay a UK handling fee of £40 for the IPO to process the application form. If you need any help with fees, you can call the UK IPO Helpline on Tel 0300 300 2000.

    Use this form to file an international trade mark application through the IPO.

    You can only apply for a single mark, as the international system does not allow for a series of marks, as is the case in the UK.

    From 1 January 2021, International Trade Mark registrations designating the EU are no longer valid in the UK. On this date, comparable national trade marks were created for every international registration protected in the EU before the end of the transition period. See: changes to international trade mark registrations after 1 January 2021.

    Apply for European trade mark protection

    If you want trade mark protection in countries that are members of the EU, you can apply for:

    • a registered trade mark in each of the separate EU countries
    • an EU Trade Mark (EUTM) through the EU Intellectual Property Office (EUIPO).

    EUTM is valid within all the member countries of the EU and gives you exclusive rights to use and protect your trade mark throughout the EU.

    To apply for a EUTM, you can fill in an online application form on the EUIPO website, or print the form and then fill it in. You don't have to register for a UK trade mark first.

    The EUTM application fee is:

    • €850 for first class of goods or services or €1000 if filed on a paper form
    • €50 for second class
    • €150 for third class
    • €150 for fourth and all subsequent classes

    Fees must be paid in Euros directly to EUIPO.

    Anyone can file a European Union trade mark application at EUIPO. However, if you do not have a place of business, a real and effective establishment or your domicile in the European Union, you must appoint a representative for all proceedings before the Office.

    You can only choose a fully qualified legal professional (such as a solicitor or barrister) or a specialist in IP law to represent you. 

    From 1 January 2021, EUTMs no longer protect trade marks in the UK. On this date, comparable UK trade marks were created for all right holders with an existing EUTM. See: EU trade mark protection and comparable UK trade marks from 1 January 2021.

    Getting help

    Registering trade marks overseas is a complex legal area and once mistakes are made they can't usually be rectified. It is advisable to seek specialist help from a qualified trade mark attorney in your area.

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  • Protecting patents abroad

    How to go about applying for a patent in Europe or abroad

    A patent only protects your invention in the country where the patent is registered. A UK patent for your invention applies in the UK only.

    If you plan to sell or license your invention abroad, you should consider applying for protection abroad. If you don't, anyone can legally make, use or sell your invention overseas.

    European patent protection

    To protect your patent in more than 30 countries in Europe, you can apply using the European Patent Convention (EPC).

    You can apply:

    Your application will be processed as a single application, it will undergo a single search and examination process, but once granted it becomes separate patents in the countries you designate.

    If you only want protection in a few European countries, you can get protection by applying to the national patent office in those countries. 

    You can claim priority from an existing patent application if you apply abroad within 12 months of your original application. Your later application will be treated as if you applied on the same date as the original application.

    You can also get protection in Europe using the Patent Co-operation Treaty (PCT). This is available through the UK IPO, the EPO or the World Intellectual Property Organization.

    You may have to file translations of your patent application in order to obtain patent protection in certain countries.

    Find out more about applying for European patents.

    EU Exit does not affect the UK's membership of the European Patent Convention. You can continue to file applications as previously. Existing patents are also unaffected.

    International patent protection

    You can protect your invention in many international countries using the Patent Co-operation Treaty (PCT). A PCT application is initially processed as a single application. You will receive an international search report and a written opinion. Your application is published around 18 months from the earliest priority date. You then have to process your application separately in each country.

    If you are a UK, Gibraltar or Guernsey resident or national, you may file your international application with the UK IPO or the EPO. You may also file directly to the World Intellectual Property Organization, which administer the PCT.

    If you file your application with the UK IPO, they will forward it to a PCT international search authority which for them is the EPO. The search authority will then:

    • carry out a search
    • provide you with an opinion on the patentability of your invention
    • publish your application as soon as possible after 18 months from the priority date

    After publication, you can file a request for an international preliminary examination. The examination is optional, but it should help you decide whether to pursue the patent granting procedure in each of the contracting states in which you wish to get protection.

    Detailed information on the PCT process is outlined in the guide to the PCT.

    You can also download the IPO's PCT guide for private applicants (PDF, 2.9MB).

    A PCT application has the same effect as a regular patent filing in each of the national or regional offices of the PCT contracting states that you designate when you file.

    EU Exit does not affect the UK's membership of the Patent Cooperation Treaty. You can continue to file applications as previously. Existing patents are also unaffected.

    Getting help

    Patent law is complex and it can be difficult to obtain a patent abroad. You should consider seeking advice from a patent attorney or other professional adviser. Search for a patent attorney in your area.

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  • Protecting copyright abroad

    Understand how copyright protection works overseas

    There is no such thing as an international copyright law. Details of national laws may vary from country to country, but basic rights will be the same for most due to international conventions and agreements that set minimum standards for the protection of rights of the creators of copyrighted works around the world.

    In most cases, protection of your copyright work abroad will be automatic in the same way UK protection works.

    Key conventions and agreements relating to copyright

    The UK is a member of several international conventions in the field of copyright, including:

    • Berne Convention for the Protection of Literary and Artistic Works
    • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations
    • World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty (WPPT)
    • WIPO Copyright Treaty (WCT)
    • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

    Copyright material created by UK nationals or residents and falling within the scope of one of these conventions is automatically protected in each member country of the convention by the national law of that country.

    Level of copyright protection

    Most countries (including all European Union Member States) belong to at least the Berne Convention and/or TRIPS which is a World Trade Organisation (WTO) agreement:

    • The Berne Convention is the main international convention governing copyright. It lays down the minimum standards of protection (in relation to the types of works protected, rights granted and the term of protection) that all contracting states must incorporate in their national laws and extend to foreign artists and authors. In some countries, specific rules may apply that alter or add to the minimum standards set by the Berne Convention.
    • The TRIPS Agreement obliges WTO members to comply with the same principles of national treatment and automatic protection for copyright as the Berne Convention.

    The Rome Convention and the WPPT provide some protection for performers, producers of sound recordings and broadcasters, while the WTC enhances certain protection provided by the Berne Convention. The number of countries that are members of these conventions is more limited than Berne/TRIPS. Find a list of countries that belong to the different conventions:

    Protection of copyright in Europe

    In the EU, each of the Member State has its own copyright law and policy. However, copyright is largely harmonised by a body of EU directives and regulations that build on the aforementioned international treaties. The aim of harmonisation is to enable copyright protected goods and services to move freely within the internal market. Find details of the EU's regulatory framework for copyright.

    A substantial part of UK copyright law was derived from the EU law when the UK was a member state. Some areas of UK copyright law have therefore been affected by EU Exit. For current information, see: changes to copyright law from 1 January 2021.

    Copyright registers

    The Berne Convention provides that works will receive automatic protection without formality (ie registration). However, you may choose to use a copyright notice - marking your work with the international © symbol, followed by the name of the copyright owner and year in which the work was created.

    Some countries allow for voluntary national registration/deposit of works protected by copyright, which can prove beneficial in some situations. For example, saving time and money in the case of a dispute. Other countries, such as the US, have an official register of copyright which you might want to use.

    Registration is not an essential condition for copyright to subsist in any Berne/TRIPS member country. See more on copyright for your business.

    Collective licensing at an international level

    It can be difficult to monitor your copyright on a worldwide scale. In many countries, copyright collective management organisations (CMOs), also known as collecting societies, can:

    • agree licences with users on behalf of copyright owners
    • collect any royalties the owners are owed
    • distribute these royalties back to rightsholders

    Find out more about licensing bodies and collecting societies.

    CMOs in the European Economic Area (EEA) are no longer required to represent UK right holders or the catalogues of UK CMOs for online licensing of rights. You can still request representation, but EEA CMOs may be free to refuse depending on the law in individual Member State. See: collective rights management from 1 January 2021.

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  • Protecting designs abroad

    Understand how to protect your designs in Europe and in overseas markets

    Registering your design in the UK does not protect it abroad. If you want to register your design in countries other than the UK, there are a number of ways in which you can do so:

    Using unregistered design rights

    You may also be able to rely on automatic unregistered design rights in the countries concerned, for example the Unregistered Community Design (UCD) right which covers the whole of the EU.

    A UCD comes into existence automatically when the design is first made available to the public within the EU Community. It is protected for a period of three years from the date on which the design was first made available. After three years, the protection cannot be extended.

    From 1 January 2021, UCDs have ceased to have effect in the UK. New types of rights have been introduced to compensate for the loss of UCDs: Continuing Unregistered Designs (CUD) and Supplementary Unregistered Design (SUD). For current information on these, see: changes to unregistered designs from 1 January 2021.

    Claiming a priority date

    You may be able to claim a priority date if you apply for design protection in another country, within six months of applying for the same design in the UK.

    This means having the date on which you applied for the earlier design accepted as the date on which you filed the later application.

    Priority dates are only granted in countries which have signed the Paris Convention or are members of the World Trade Organization.

    European design protection

    If you want design protection in countries which are members of the EU, you can apply for a Registered Community Design (RCD). An RCD gives you the exclusive right to use your design in all EU countries. It allows you to take action against infringements and stop imports into the EU of goods that infringe your design.

    You can apply for an RCD through the EU Intellectual Property Office (EUIPO) or through the UK Intellectual Property Office (for a fee). Anyone can apply for a RCD.

    The fee for registering and publishing one RCD is €350 for five years' protection.

    From 1 January 2021, RCDs have ceased to have effect in the UK. All RCDs existing before this date have been automatically cloned into equivalent UK registered designs. For current information, see: changes to EU and international designs and trade mark protection from 1 January 2021.

    If you are seeking registered design protection for a new design in both the UK and EU, you will have to submit separate applications to the UKIPO and EUIPO.

    International design registrations

    The Hague System for the International Registration of Industrial Designs allows you to simultaneously apply for a design in many different countries or territories, through a single application to the World Intellectual Property Organisation (WIPO).

    An international application does not have to be based on an existing design application, or registration. The cost to apply depends on which and how many countries you want your design to be protected in.

    Find details on how to file an industrial design application through the Hague System.

    From 1 January 2021, protected international design registrations designating the EU have ceased to have effect in the UK. On this date, such registrations have been automatically replaced by equivalent UK rights. For current information on these, see: international EU protected designs after 1 January 2021.

    Getting help

    Design law across the world is a complex area. If you want to protect your designs overseas it is advisable to seek specialist help. Find a trade mark attorney or a patent attorney in your area.

    For more information on design protection, see design right and registration.

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  • Intellectual property rights in different countries

    Guidance on intellectual property systems in key markets throughout the world

    The UK Intellectual Property Office (IPO) has produced a range of country-specific guides to help you protect and manage your intellectual property (IP) abroad.

    They describe the issues you may face with IP infringement, how to deal with them and where to find sources of further help.

    Country guides currently available are:

    Find out more about protecting intellectual property.

    The World Intellectual Property Organisation (WIPO) provides a list of all national IP offices and a range of services for businesses looking to protect their IP internationally.

    Get help with protecting your IP overseas

    Protecting and managing your IP abroad can be very complex. If you plan on selling, distributing, manufacturing, or sourcing your products abroad, you should seek help from an IP attorney or a professional IP adviser. 

    UK overseas intellectual property attaché network
    For complex issues or detailed advice on IP overseas, you can contact one of the IPO's IP liaison officers (attachés) operating in key export markets. Find contact details for IPO's attachés.

    The attachés can advise you on the legal and enforcement options you might have and may signpost you to additional support or legal advice in relevant markets.

    Businesses in Northern Ireland can also contact Invest Northern Ireland for help with IP protection.

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  • Protecting your intellectual property abroad

    Securing IP protection in overseas markets - EcoDepo (video)

    Tom Fairbairn, the CEO of Eco Depo, talks about how they protected their intellectual property in overseas markets

    Tom Fairbairn, the CEO of Eco Depo, explains how they have protected their intellectual property (IP) in overseas markets.

    Eco Depo started business in 2006. They currently export their unique waste recycling system to over 12 countries worldwide, including the USA, Canada and Russia. To protect their brand in different markets, Eco Depo looked at securing trade mark protection outside the UK.

    In this video, Tom examines the types of IP they had to consider when entering new markets. He talks about the business benefits of IP protection, and explains how they have secured and defended their trade mark across several international markets.

    Case Study
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Confidentiality agreements

In this guide:

  • Trade secrets

    What are trade secrets and how can you use trade secrets to protect your intellectual property

    Trade secrets are valuable business assets. Businesses can use them alongside other intellectual property rights - including patents, designs, trade marks and copyright - or as an alternative to them, to provide a competitive advantage in the marketplace.

    As long as you don't disclose them, trade secrets have an infinite lifetime.

    Definition of a trade secret

    A trade secret is information that:

    • is not be generally known or readily accessible
    • has value because it is secret
    • is subject of reasonable steps to keep it secret

    Different types of trade secrets

    Trade secrets come in various forms and consist of a wide range of confidential information, such as:

    • commercial data
    • technological information
    • product information

    They can exist in many different types of business activities, including:

    • sales and distribution
    • understanding of customers and their needs
    • marketing or advertising
    • working with suppliers and clients
    • manufacturing processes

    Examples of trade secrets include the Coca-Cola recipe, search engine algorithms, customer lists or sales methods.

    Using trade secrets

    You may use trade secrets to protect an invention that does not meet the patentability criteria, or to protect the information you don't want to disclose. For example, the ingredients and/or formulation of foodstuff, pharmaceutical product or perfume, which would be difficult for someone else to find out simply from examining the product itself. In these cases, a trade secret might provide the right kind of protection.

    However, bear in mind that trade secrets do not guarantee exclusivity or prevent someone else from inventing the same (or similar) product or process, independently of you.

    Trade secrets infringement

    The best way to protect an idea may be to keep it secret. However, you may find it difficult to keep a trade secret confidential within your business. If it is necessary to disclose information (or parts of it) to partners or other people in your business, make sure that everyone involved signs a non-disclosure agreement (NDA).

    If, after signing the NDA, they share the information with other people without your permission, you can sue them for breach of confidence.

    To establish that a breach of confidence has taken place, the following all have to be present:

    • the information must have a quality of confidence to it
    • there must have been an obligation of confidence, whether express or implied
    • there must have been unauthorised use of the information

    Other unfair practices in respect of trade secrets include industrial or commercial espionage and breach of contract.

    Protecting trade secrets

    Measures and remedies to protect trade secrets vary across the world. In the UK, trade secrets are governed by the Trade Secrets (Enforcement, etc.) Regulations and protected by contract and/or the common law of confidence.

    International standards for protecting trade secrets exist as part of the World Trade Organisation's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

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  • Confidentiality agreements

    How to use confidentiality agreements to protect your business when sharing secret information with others

    If you invent something that you plan to patent, you should not disclose your invention to the public before filing a patent application. Any disclosures that you make - no matter how small - become part of the 'prior art' and could invalidate your application.

    Disclosing confidential information

    You can freely discuss your invention with your qualified lawyer, solicitor and patent agent. This is because what you say to them is legally privileged and in confidence. They are professionally obliged not to tell anyone else, so the information will not become public knowledge.

    However, if you need to discuss your invention with other people before you apply for the patent, a confidentiality agreement or a non-disclosure agreement (NDA) may be helpful.

    For example, an NDA may be beneficial when you speak to potential partners like investors, manufacturers or stockists, or even someone providing you with a service or advice such as accountants, financial advisers, insurance brokers or marketing agencies. Don’t assume such conversations are automatically confidential.

    Non-disclosure agreements

    An NDA is a legal contract between two parties. Depending on what is agreed, an NDA could protect only information which is recorded in some form and marked 'confidential' or it can also protect the information you share in meetings or presentations. Either way, an NDA should restrict the use of the ideas and information to a specific permitted purpose.

    NDAs can be:

    • one way - if only you are disclosing information
    • mutual - if both parties are disclosing information

    NDAs will not suit every situation, and you should think carefully about what is included. Ideally, consult a qualified lawyer or patent agent for advice if you are thinking about talking to anyone else about your invention.

    Read more on non-disclosure agreements.

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  • Company name as intellectual property

    How your company name can work as a unique identifier to form important intellectual property

    It is a common misconception that registering a company name at Companies House gives you unrestricted rights to this name when it comes to trade marks and web domains. This is simply not the case. They are three different forms of protection, administered by different organisations that operate independently of one another.

    IP in company names

    A company name identifies a legal entity. It has to conform to certain regulations and rules for naming a business.

    Registration of a company name at Companies House prevents others from registering an identical name or one sufficiently similar to cause confusion. It does not, however, prevent others from selling goods or services under an identical or a similar name. It also does not automatically provide trade mark protection and exclusivity, or the right to an associated domain name.

    IP in trade marks

    A trade mark is different from a company name. In the UK, you can register a trade mark with the Intellectual Property Office. There are rules and regulations about what you can register.

    A trade mark can be more than just a business name. It can be a product or service name, a logo, colour, shape or any combination of these. Registering a trade mark creates a legal right which:

    • grants the owner exclusive rights to the use of the mark in relation to the goods and services that it has been registered for
    • prevents another business from using a name that is the same or similar to that of the registered mark (unless they have been given express permission)

    If a business is incorporated under a name which is identical or similar to a previously registered trade mark, and that company provides similar goods or services, the owner of the registered trade mark may be entitled to bring an action for trade mark infringement.

    IP in domain names

    A domain name is the unique address that identifies the location of a website on the internet. Domain names are issued on a first-come, first-served basis by various Internet registration authorities around the world.

    Incorporating a new company under a specific name does not provide you automatic rights to a matching domain name. It's good practice to check the name availability for any domains, as well as trade marks, before registering at Companies House.

    If you use a domain name that is identical or similar to another person's registered trade mark, then you potentially risk infringing the trade mark, especially if the domain name relates to the same or similar goods or services. See more on domain name and trade mark conflicts.

    Protecting your company name

    Businesses often use all three elements - the trade mark, the domain name and the company name - to promote their products and services. Before you form a new company or begin trading, make sure that you:

    • check availability of the chosen name at Company House
    • check availability of associated trade marks
    • check availability of associated domain names

    Once you're satisfied that the name you have chosen is available and does not infringe any previous rights, you should take steps to protect it. As with any legal processes, it's always worth getting professional or legal advice from the experts.

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  • Database right

    Databases can be valuable commercial assets - you can protect their structure through copyright or their content through the sui generis database right

    Databases are protected under law through copyright and 'sui generis' or database right. Both are automatic, unregistered rights that allow the owner to control certain uses of their database.

    Copyright protection for databases

    Copyright protects the selection or arrangement of material in a database where this is original, ie creative. Depending on the nature of the content within the database, the content itself:

    • may be subject to individual copyright protection (eg an article)
    • may not constitute intellectual property (eg raw data or values)

    If you are creating or using a database that includes individual copyright material, you may need to seek the permission of the copyright owners to use their work.

    Copyright protection for databases in the UK and EEA has not changed after 1 January 2021. The UK and all EEA member states are members of international treaties on copyright that ensure eligible works (eg databases that are original) are protected in all treaty countries.

    Database rights

    Database rights protect the contents of a database. A database does not have to be original for it to qualify for database rights, but there needs to have been a substantial investment in obtaining, verifying or presenting the data.

    In business, database rights may apply, for example, to:

    • customer lists
    • sales records
    • business contacts
    • extracts from research reports, etc

    Database rights from 1 January 2021

    Database rights were introduced by the EU Database Directive. Only databases made by EEA nationals, residents or businesses are eligible for protection under the database right.

    UK citizens, residents, and businesses are not eligible to receive or hold database rights in the EEA for databases created on or after 1 January 2021.

    Database rights that exist in the UK or EEA before 1 January 2021 (whether held by UK or EEA persons or businesses) will continue to exist in the UK and EEA for the rest of their duration. These rights are guaranteed under the Withdrawal Agreement. If you wish to use databases protected by these rights, you will continue to need the permission of the right holders.

    UK owners of databases created on or after 1 January 2021 will need to consider whether they can rely on alternative means of protection in the EEA - for example licensing agreements or copyright, where applicable.

    For more information, see sui generis database rights from 1 January 2021.

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  • Protecting plant varieties with Plant Breeders' Rights

    How new varieties of plant and seeds are protected by Plant Breeders' Right

    Plant Breeders' Rights (PBR) are a form of intellectual property (IP) designed specifically to protect new varieties of plants.

    To get these rights, your plant variety must be:

    • distinct - have different characteristics to other plants of the same species
    • uniform - all plants in the variety must share the same characteristics
    • stable - it remains unchanged after 'repeated propagation', eg reproduction from seeds, cuttings, bulbs or other plant parts

    You can register your right in the UK or in the EU.

    Plant variety rights in the UK

    Plant varieties with registered rights in the EU before 1 January 2021 have been given a corresponding UK right. These plant varieties will have continued protection in the UK.

    Change of details
    If you want to change any details of your plant variety, contact pvs.helpdesk@apha.gov.uk with your request and EU grant number. The UK will continue to use the EU grant number for any correspondence.

    Plant variety rights in the EU

    There is no change in protection in the 27 EU Member States.

    Varieties with EU rights granted before 31 December 2020 have been given a corresponding UK right from 1 January 2021. From this date, EU PBRs no longer apply in the UK.

    If you've already applied for EU rights, but these were not granted before 1 January 2021, you must apply to the Animal and Plant Health Agency (APHA) for protection in the UK using the UPOV PRISMA online application process.

    For new varieties, you’ll need to apply separately in the UK and the EU. You must apply to the:

    UK businesses can still hold and apply for EU plant variety rights from 1 January 2021, although you'll need an address or procedural representative in the EU.

    Who can apply for PBR?

    You can only apply for PBR if you've bred, discovered or developed a plant variety, or if you've been chosen by the breeder as their successor.

    You can appoint an agent to manage the application process if they are authorised. They'll need to complete an authorisation of agent form. If the applicant or agent applying isn't based in the UK, you will need to appoint an authorised UK agent.

    All applications for UK Plant Breeders Rights must use the UPOV PRISMA online application process. There are fees associated with applying for PBRs.

    Application closing times
    You can apply for PBR anytime. If you want to be included in a specific year’s test and trials, the application closing dates for agricultural and vegetable crops are the same as the closing dates for National Listing. Find details on the PBR application closing dates.

    How rights can protect your plant varieties

    Your rights mean that nobody can use your plant species, without your permission, for:

    • production or reproduction
    • selling or offering for sale
    • altering so it can be propagated
    • exporting or importing
    • keep stock of your plant species for any reason

    Your rights last for 25 years (or 30 years for trees, vines or potato varieties).

    To apply for the rights, you must name your variety. The same name will usually be used in the UK and all EU member states if the variety is accepted. You can give up your rights at any time and rights may be terminated if the variety no longer fulfils its criteria.

    You must add new plant varieties to the UK's national lists if you want to market them. Check if your plant variety needs to be registered on GB and NI variety lists.

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  • Conditional access technology

    How conditional access technology enables you to allow access to encoded broadcasts

    Conditional access technologies prevent unauthorised use of services by a consumer. Typically, they are used in digital transmissions, for example in digital broadcasting, to protect revenue and intellectual property (IP).

    Conditional access relies on scrambling and encryption of transmissions so that only users who pay for them or subscribe to them can access them.

    The technology usually entails a subscriber management and authorisation system and some type of smart cards and other decoders that decrypt the data once it is authorised for access. Broadcasters sell or rent these machines to the viewers which enables them to view or listen to encrypted programmes.

    It is illegal to make unauthorised copies of smart cards or other decoding equipment, as this deprives the broadcaster of revenue from people who pay for legitimate decoders.

    If someone sells or uses an illegal decoder, they may be committing a criminal offence.

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  • Copy protection devices

    Information on technologies that are available to protect your intellectual property and prevent counterfeiting

    Copy protection devices come in several forms. They are usually digital codes embedded in electronic products which prevent, or frustrate, unauthorised copying.

    Some copy protection systems require an access code before you can copy the product. Others cause unauthorised copies to be unreadable.

    If you sell your digital products with copy protection and similar technical measures, you have the right to take action against anyone who makes or sells systems to get around the protection.

    These rights are similar to those preventing copyright infringement. If someone deals in ways of overcoming copy protection, they may also be committing a criminal offence.

    Other forms of copy protection can include holograms, brand marks and other unique elements on packaging, which identify original products and help to differentiate them from counterfeits. See more on copy protection devices for digital content.

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Improving efficiency through lean thinking and Six Sigma

In this guide:

  • Ways to improve your business efficiency

    How do you improve efficiency in business to reduce costs and make the best possible use of your resources

    To run a successful business, you need to be efficient and well organised. Inefficient operations can quickly affect your bottom-line.

    How can a company improve efficiency?

    There are simple ways of improving efficiency in a number of business areas, including:

    • customer service
    • distribution and delivery
    • wastage costs

    Your customers are the most important resource in your business. By listening to what people say about your company and products you can greatly improve the service you provide.

    Increase customer awareness

    Customer awareness of your business is vital in generating interest in your products. You can increase customer awareness through:

    Improve customer experience

    The experience that customers have when they buy your products or interact with your staff will determine whether they return to buy more goods from you. You should:

    • make sure their experience is easy and enjoyable
    • ensure you have an efficient workflow so that waiting times are kept to a minimum
    • communicate well with customers so that they are not put off coming back to you
    • make it easy for customers to give feedback, either directly to you or through surveys, online forums, etc

    Audit your processes

    Map out a workflow to describe processes your employees should follow when selling your products. By looking at all the tasks they need to carry out, you can often spot opportunities to save time and avoid duplication of work. This may include redesigning the way your staff work with digital and physical content to ensure they use their time efficiently.

    Build relationships with your suppliers

    Talking to your suppliers can often provide valuable insight. Suppliers are working with the same products as you, and speak to your competitors as well. Learn how to negotiate - small extras can add up and often negotiating will result in better relationships in the long run. See how to manage your suppliers.

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  • Using technology to improve efficiency

    How to use technology to improve your business processes and increase efficiency

    Technology can help you improve the way your staff carry out tasks. It can either speed up existing processes or allow new, more flexible ways of carrying out the job.

    Assess your use of technology

    In order to work out the best technology for your needs, you should assess your current systems against your requirements. Think about what inefficiencies may exist in your operations and how you can:

    • capture relevant information, such as customer details, in the most simple, time-efficient way
    • manage your documents to ensure that information is dealt with in a logical workflow
    • avoid duplication - eg using handwritten timesheets that then need to be manually inputted onto a PC
    • address technological obstacles - eg simplifying a complex helpdesk process to make it easier to resolve IT problems

    There are nine fundamental technologies that drive the digital transformation of modern-day businesses. These are known under the umbrella of Industry 4.0.

    Find out about Industry 4.0: What it means for your business and discover what different Industry 4.0 technologies can do for your business.

    Find the best technology solution

    The best solution for your business will depend greatly on your industry. Research what your competitors or other companies in your industry are using and consider consumer technologies that are widely available as these may be cheaper if you only have a small number of staff.

    For example, you could consider:

    When you find the right technology solution for your business, it is important to consider its security and take steps to manage cyber security risks.

    How can technology improve productivity?

    Different technological solutions can significantly boost the productivity of your workforce. They can:

    • improve communication across the business
    • increase connectivity of staff, including those working remotely
    • enable collaboration between different teams or parts of the business
    • enhance employee engagement and motivate staff
    • help you track and analyse performance and progress towards goal completion

    New and emerging technologies have a huge potential to transform your business.

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  • Increase efficiency through innovation

    What is efficiency innovation, and how innovation can impact your business performance, profitability and competitiveness

    Innovation doesn't always involve developing new products or services. It often focuses on improving what already exists, for example your business' workflow, production or sales process. Such innovation can lead to great improvements in business performance and efficiency.

    What is efficiency innovation?

    Efficiency innovation often assumes the form of a process improvement or a more efficient business model. It enables businesses to:

    • simplify and streamline their existing processes
    • produce their existing products at a lower cost
    • sell their products or services to their existing customers at lower prices

    This type of innovation can have a major impact on a business. It can raise its productivity and competitiveness, optimise its resource allocation and increase bottom-line savings and profits.

    Efficiency innovation examples

    Many innovative solutions could help you increase efficiency in your business. For example:

    • waste minimisation technologies and processes could help reduce costs
    • business process improvements could help increase productivity
    • standardisation in supply chain (eg through lean processes) could increase your competitiveness or add value to existing products or services
    • finding cheaper materials to make existing products could boost your savings

    Technology can play a key role in improving efficiency through innovation. See examples of digital innovation in business.

    Improve efficiency through innovation

    The inspiration for innovative ideas can come from both within your business and externally - from customers, suppliers, technological advances, etc. The key is to filter the ideas, so that you end up investing in those ideas which are most likely to deliver the best returns.

    The following are some suggestions to help encourage an innovative atmosphere within your business:

    • Share knowledge - Businesses are more innovative when staff know and understand what's happening in other areas. Someone may have an idea that could also benefit another department.
    • Encourage ideas - Make sure people feel able to share their ideas without risk of them being criticised or ridiculed. You could also capture ideas using brainstorms, workshops and/or suggestion boxes.
    • Involve everyone - Recognise that the winning idea could come from anywhere or anyone within your business. Encourage everyone to contribute their suggestions.
    • Reward success - Offer incentives to staff for coming up with ideas that increase your bottom line.
    • Accept risks - It's impossible to innovate without taking risks. If an idea fails, don't blame the person who made the original suggestion or this may discourage staff from contributing ideas in the future.

    See also seven more ways to encourage innovation in your business.

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  • Improving working practices to boost efficiency

    Look at your current working practices, such as staff training and flexible working, to increase efficiency in your business

    You can greatly improve your business efficiency by looking at current working practices, and making improvements where possible.

    How to assess your working practices

    Look at your staff and try to get an understanding of the tools they use for their tasks and how they approach them. It may also be worth thinking about:

    • staff morale - make sure you address any concerns they have, as a workforce will only be effective if they are motivated
    • training - staff should be aware of the tools available to them through training
    • flexible time management - you should explore working arrangements that suit individuals

    For example, you can consider offering:

    • home working - removing the need to commute may increase staff time spent on the job
    • flexible working - this can lead to greater staff satisfaction and increased performance levels
    • sabbaticals - an unpaid break can be a good option if you wish to reduce staff but retain skills for periods of growth
    • flexible contracts - working from different locations or different hours

    See flexible working - the law and best practice.

    The assessment of your working practices can give you a framework for improving them and embedding new, more efficient ways of working.

    How can you improve employee efficiency?

    Your management practices can greatly influence the efficiency and the productivity of your employees. Make sure that you:

    • communicate well with staff
    • delegate responsibilities to the most qualified employees
    • manage performance through effective appraisal systems
    • give regular feedback to staff
    • offer training, development and mentoring opportunities to staff
    • consider offering incentives and perks to motivate staff

    See more on staff motivation.

    Finally, you should explore new technological solutions that could help your staff work in different ways, eg through remote working or virtual collaboration. You could also outsource certain IT tasks or automate processes to save staff time. Find out how to use technology to improve efficiency.

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  • Saving money through energy and resource efficiency

    Understand how energy and resource efficiency and good waste management practices can help you achieve cost savings and make your business more efficient

    Energy and resources effect all businesses and can have a major impact on operations in terms of cost and productivity. Increasing efficiency in these areas not only brings increased competitiveness, but also significant environmental benefits.

    There are two main approaches to developing your resource efficiency strategy:

    • consume less - cut down on what you use, such as paper and ink
    • manage your waste - make the most of the waste you generate, eg sell it on or recycle

    Resource efficiency in the workplace

    Energy efficiency and green operational practice are now widely accepted in the workplace. There is a wide variety of resources online to help you save on energy consumption and minimise your waste.

    A few starter tips on workplace efficiency include:

    • using office supplies more efficiently - eg don't print out every email
    • being innovative with your product design - using less packaging/printing
    • turning off lighting or heating when not in use

    For more advice on increasing workplace efficiency, see how to reduce your business waste to save money and read about managing your energy use.

    Waste management and efficiency

    While you will make significant savings by becoming more resource efficient, you will not be able to remove all waste. Managing the waste that you do produce can be just as important. Make sure you can manage your waste by:

    • having a waste management plan
    • recycling where possible - plastics, paper, metal
    • investigating methods of disposal - some waste may even have a resale value

    See more on reducing business waste in our efficiency guides: introduction to waste management, waste reviews, policies and action plans and office resource efficiency.

    Help with energy and resource efficiency

    Invest Northern Ireland (Invest NI) can offer support to Northern Ireland businesses interested in reducing their energy, waste and resource costs.

    Invest NI's Energy and Resource Efficiency team can provide:

    • technical consultancy - to help identify areas for increased efficiency and cost savings
    • resource matching service - to find opportunities to turn your waste into another business' resource
    • resource efficiency capital grant - to provide investment support for projects that aim to reduce the consumption of water, raw materials or waste production

    For more information, read about Invest NI energy and waste management support.

    Alternatively, you can contact Invest NI's Energy and Resource Efficiency team by email ere@investni.com or Tel 0800 181 4422.

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  • Improving efficiency through lean thinking and Six Sigma

    How to use lean thinking and Six Stigma to streamline your operations management and improve your business efficiency

    Operations management is a way of organising your business in order to improve efficiency. It provides a framework which can help you with planning, forecasting, or marketing your products or services. The two most common approaches to streamlining operations management are:

    • lean methodology
    • Six Sigma

    Lean and Six Sigma management systems can help you reduce inefficiencies and waste across your business, and increase both the quality of your products as well as your business' profitability.

    What is lean methodology?

    Lean thinking method focuses on only spending money on resources that create value for your customers. Anything which does not ultimately increase value for your customers is considered wasteful and a target for savings.

    Lean is concerned with optimising the flow of work, so it can apply in almost any business or process. You should view lean thinking as a way of thinking and a way of changing the culture of your business for the better. See what are lean methods.

    Invest Northern Ireland has created a series of video tutorials on lean thinking to help businesses understand the methodologies involved. Watch Invest NI's tutorials on lean thinking.

    What is the concept of Six Sigma?

    Six Sigma is a methodology similar to lean that started out as a set of practices designed to eliminate defects in manufacturing. It has now extended to other types of business processes and defines a defect as any output that does not meet customer requirements.

    Six Sigma methods are data-driven and this data can be used as a management technique across all businesses in order to improve operations. See what is Six Sigma.

    You may also be able to use lean methods and Six Sigma together.

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  • Drive business growth through efficiency

    Video tutorial on growing your business through increased efficiency

    If you want to grow your business, you must focus on a few core efficiency considerations, such as increasing:

    • the number of customers
    • the number of sales, including from returning customers
    • the average value of each sale

    However, focusing solely on your customers or sales will not necessarily enable you to grow your business profitably.

    Improving business processes

    To make the most of growth opportunities, you must also look at the effectiveness and efficiency of all your business processes, including production, marketing, selling, customer service, finance management, workforce performance and other operational processes.

    This short video will help you consider if you are getting the most out of your business and give you tips and strategies for growing profitably.

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Get help with intellectual property protection

In this guide:

  • The importance of protecting intellectual property

    Understand the significance of intellectual property rights and why it is important to protect IP such as trade marks, patents, designs and copyright

    Intellectual property (IP) rights are valuable assets for your business - possibly among the most important it possesses.

    Why is it important to protect intellectual property rights?

    Your IP rights are important because they can:

    • set your business apart from competitors
    • be sold or licensed, providing an important revenue stream
    • offer customers something new and different
    • form an essential part of your marketing or branding
    • be used as security for loans

    You may be surprised at how many aspects of your business can be protected. Your name and logo, designs, inventions, works of creative or intellectual effort or trade marks that distinguish your business can all be types of IP. Explore the different types of IP in detail in our guides:

    Some IP rights are automatically safeguarded by IP law, but there are also other types of legal protection you can apply for.

    To exploit your IP fully, it makes strong business sense to do all you can to secure it. You can then:

    • protect it against infringement by others and ultimately defend in the courts your sole right to use, make, sell or import it
    • stop others using, making, selling or importing it without your permission
    • earn royalties by licensing it
    • exploit it through strategic alliances
    • make money by selling it

    The Intellectual Property Office (IPO) offers a number of online tools which can help you better understand your IP rights. Access the IP for business tools.

    Businesses in Northern Ireland can also get IP advice from Invest Northern Ireland.

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  • Intellectual property audit

    How to conduct an intellectual property audit and assess the ownership of IP rights in your business

    The first step to protecting and exploiting your business' intellectual property (IP) successfully is carrying out a systematic intellectual property audit.

    If you're doing an audit for the first time, you may be surprised by how many IP assets your company has and how valuable these are to your business.

    How to carry out an IP audit?

    To carry out an audit, look closely at your business to:

    • identify where IP is used
    • find out who owns the IP rights
    • assess the value of the IP

    This won't always be straightforward. Remember that your IP doesn't just reside in patents you hold or trade marks you have registered. You will also need to consider items such as trade secrets, bespoke software, written material, domain names, customer databases, etc.

    Determining who owns IP

    Intellectual property can have more than one owner. It can belong to individuals or businesses and be sold or transferred. It's important to determine exactly who owns IP in your business.

    Generally speaking, you own intellectual property if you:

    • created it (and it meets the requirements for copyright, patent or design protection)
    • bought the rights from the creator or a previous owner
    • have a brand that could be a trade mark, eg a well-known product name

    Ownership can be more difficult to determine if the IP has been created by an employee or a freelance contractor.

    What is the purpose of an IP audit?

    The purpose of an audit is to:

    • discover any IP assets which may be under-utilised
    • identify potential risks to your business, eg costly legal proceedings
    • enable you to plan and create a strategy to maintain and grow your business

    Key questions an IP audit should raise are:

    • Is your IP protected?
    • Are you infringing anybody else's IP rights?
    • Are you fully exploiting your IP?

    Using a logbook to manage your IP

    It can be helpful to record all research, notes, designs and meetings related to your ideas in a dated, tamper-proof logbook, with witness signatures where appropriate. This can serve as a powerful tool, helping you identify and protect your IP later on.

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    Patents explained: How to protect your idea
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  • Types of legal protection for intellectual property rights

    How to choose the right type of legal protection for your patents, trade marks, design and copyright

    The type of intellectual property (IP) protection you can get depends on what you have created. Some types of protection arise automatically and others you have to apply for.

    It's a good idea to assess what IP you have that needs protecting. This is called an intellectual property audit. An audit should help you determine the value of your IP assets and identify the best ways you should protect them.

    Automatic protection

    Several types of IP are automatically safeguarded by law from the moment of their creation.

    Type of protection Examples of IP How long does it last Find out more
    Copyright Original writing and literary works, art, photography, films, TV, music, web content, sound recordings and software The length of protection varies according to the type of copyright work, when and where it was created Copyright for your business
    Design right Configuration and shape of 3-dimensional objects Lasts for 10 or 15 years, depending on when the product is first sold or created (whichever comes earliest) Design right
    Supplementary unregistered design right (or 'continuing unregistered community design' if you made your design public in the UK or the EU before 1 January 2021) Appearance of a product, including shape, colours, texture, materials or ornamentation. It can be 2-dimensional or 3-dimensional Protected in the UK for three years from the date you make your design public Unregistered designs

    Protection you have to apply for

    Depending on the types of IP, you might need to register them to ensure sufficient protection.

    Type of protection Examples of IP How long does it last Find out more
    Trade marks Distinctive product or brand names, logos, slogans, symbols, sounds, colours, etc Initially for ten years, after which it can be renewed indefinitely Trade marks
    Registered designs Appearance of the whole or part of a product, including shape, lines, patterns, colours, texture and ornamentation Registration lasts for five years initially, but can be renewed for a maximum of 25 years Registered designs
    Patents Inventions, novel products, or innovative processes (eg way of manufacturing) Granted patent can remain in force for up to 20 years, if renewed regularly Get patent protection for your business

    Keep in mind also that multiple protections can relate to one product. For example, you might register a product's name and logo as a trademark, protect its unique shape as a registered design, patent a unique part of the product, and copyright artwork relating to it.

    In addition to the rights outlined in the tables above, there are also other ways of protecting your original ideas, eg using confidentiality agreements, copy-protection devices, publication rights and trade secrets. For more on those, see trade secrets and other IP protection.

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  • Get help with intellectual property protection

    Advice, guidance and support with intellectual property issues for Northern Ireland businesses

    Intellectual property (IP) protection can be an important part of ensuring your business' success, so it's essential that you get it right. Mistakes can be time-consuming and expensive. They can even result in your business' failure.

    IP protection is a complex legal area and getting help is often sensible.

    Sources of IP assistance

    Two main sources of IP help in Northern Ireland are:

    • Invest Northern Ireland (NI) - Invest NI's specialist advisers can help you with patents, trade marks, design and copyright issues, as well as IP asset audits and licensing considerations. Find out more about Invest NI's IP support, or call the Invest NI Helpline on Tel 0800 181 4422 for advice.
    • Intellectual Property Office (IPO) - You can contact the IPO Information Centre on Tel 0300 300 2000 for advice or browse their guidance on IP protection.

    Specialist legal advice

    Patent attorneys are legally qualified in all aspects of patents, trade marks, design and copyright law. They are represented professionally by the Chartered Institute of Patent Attorneys (CIPA).

    Trade mark attorneys are legally qualified in trade mark, design and copyright issues. They are represented professionally by the Chartered Institute of Trade Mark Attorneys (CITMA).

    Protecting your ideas overseas

    IP protection is territorial, which means if you have registered protection in the UK it applies only within the UK. However, most countries have similar laws relating to IP and you can seek protection in other countries. See how to protect your intellectual property abroad.

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  • Intellectual property rights and your employees

    How to ensure you hold the rights to any IP created by staff by stating the position in employment contracts

    It's likely that your employees will create certain types of intellectual property in the course of their employment. This does not just apply to those who are developing inventions in a research and development department. Staff could be creating potentially valuable IP if, for example, they are:

    • compiling databases
    • writing marketing material
    • producing training brochures

    Rights to IP created by employees generally belong to the employer.

    IP and employment contracts

    Showing that a member of staff has an employment contract is usually enough to prove you own all IP rights. But it's a good idea to state the position explicitly in separate clauses of employees' contracts.

    This prevents any confusion arising - perhaps over work created outside office hours or as a by-product of specified work. You may also want to ask employees to record information relating to any innovative work they do in a logbook.

    Moral rights vs economic rights

    Unless otherwise explicitly stated in their contracts, employees will retain the moral rights to any literary, dramatic, musical or artistic works created as part of their employment.

    This means they can object to distortions of their work and retain the right to be identified as its author, but have no economic rights over it. If you want to obtain moral rights in your employees' work you must state this clearly in employment contracts.

    Read more about your economic rights from owning copyright.

    Dealing with sensitive information

    Your employees may also have access to sensitive information about IP. It can make good business sense to include confidentiality clauses in your employment contracts or even consider non-disclosure agreements.

    You may want to seek legal advice when drawing up contracts. Find a solicitor in Northern Ireland.

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  • Intellectual property and freelance contractors

    How to manage intellectual property rights if you commission work from freelancers or through work-for-hire agreements

    You should take steps to ensure your business owns any intellectual property (IP) rights in work created for you by freelance contractors.

    Freelancing and ownership of IP

    You have an implied legal right to use IP rights in work you have commissioned from freelance contractors for the purpose it was originally intended for.

    However, unless you take steps to assign the IP rights to your business you will neither own them nor be able to make additional use of them.

    For example, unless you take adequate precautions, you could find your business would be unable to use a successful advertising slogan across all its promotional material if the phrase in question was coined by an agency that agreed to produce the slogan for a one-off newspaper campaign only.

    Work-for-hire agreements

    You should set out in a written agreement who will own, control and use the IP rights of all work created before a contractor produces anything for your business.

    A clause assigning moral rights to your business could also be beneficial. Unless you do this, your contractors will retain the right to object to distortions of their work as well as the right to be identified as the author.

    Remember that IP rights may reside in promotional material, bespoke software - such as databases and website content management systems - and other creative work which may be undertaken by freelance contractors.

    You may want to seek legal advice when drawing up agreements with contractors. Find a solicitor in Northern Ireland..

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  • Prevent intellectual property infringement

    How to safeguard intellectual property rights by ensuring hard-copy information is kept securely and by protecting computer data

    Some types of intellectual property (IP) rights (such as copyright and design rights) arise automatically. Others (like trade marks, design registration and patents) you have to apply for. It's important that you keep these secret until you've had a chance to register them.

    Keep important hard-copy information locked up and, if you need to disclose your idea to someone, consider using a non-disclosure agreement.

    How to avoid IP infringement

    Take special care when trying to sell or license an invention, idea or design to an agent, manufacturer or potential partner, even if registration is complete.

    Apart from a confidentiality agreement, if you have not protected your idea by applying for a patent, trade mark or design, it might be worth posting a dated copy of your idea to yourself using recorded delivery and lodging the unopened envelope and postal record with your bank or solicitor.

    Note that this only shows that you were in possession of an idea on the date shown, but will not prove that you own it.

    Protecting IP on digital files

    Information stored electronically, particularly on computers connected to the internet, needs protection from both lapses in security and IT disasters.

    You should:

    • ensure sensitive information is kept in password-protected areas of your system
    • install anti-virus software and keep it up to date
    • install firewalls to prevent unauthorised users from hacking into your system and update them regularly
    • back up your work and ensure back-ups are stored securely, preferably off-site
    • protect your system against power surges and failures

    See more on intellectual property crime and your business.

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  • Protecting your business name and domain name

    Your business name can be your most important intellectual property asset - learn how to protect it and how to register web addresses

    Your business name is the most basic intellectual property (IP) asset you have. It could also be the most important. Your business' reputation is tied up with its name so you don't want somebody else trading on it.

    If the name of your business is distinctive to the goods and services you provide, you may be able to take legal action against anyone using it in the same or a similar field.

    You will get additional legal protection if you register the name as a trade mark.

    If you want to set up a website for your business you will probably want to register a domain name incorporating your business name, or any trade marks you have.

    Business name vs domain name

    It's important to recognise that having a trade mark doesn't give you an automatic right to a domain name incorporating your trade mark. Someone may have already registered the domain name you want for the same or different goods and services.

    Find out more about the differences between domain names and trade marks.

    You may be able to take legal action if you think:

    • someone is using a domain name to pass off their goods and services as yours
    • someone has taken out your trade mark as a domain name just to sell it back to you

    Read more on domain name and trade mark conflicts.

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  • Avoid infringing other people's intellectual property

    How to check that you are not infringing other people's intellectual property

    You must avoid infringing other people's intellectual property (IP). If you infringe someone's IP the owner can take legal action against you. This can result in injunctions against you, along with orders to pay high costs and damages.

    In some cases, infringers can even be found guilty of a criminal offence and be given a prison sentence or an unlimited fine.

    Carrying out IP searches

    It's a good idea to carry out searches to check you're not committing IP infringement. If you're planning to use a sign you should carry out a full trade mark search - find out how to search for trade marks.

    You should also check with Companies House to ensure no one else is using your proposed trade mark as their company name.

    Trade mark search

    It is possible to register a trade mark that is the same as or similar to an existing trade mark, providing the owner of the earlier mark does not oppose the new application. However, it is still worth checking that no one has registered the same or a similar trade mark before you make your application. Read more about the benefits of trade mark registration.

    Patent search

    If you want to make, use, sell or import someone's invention or goods, you should carry out a full patent search and design search. You should also do a search if you're considering applying for your own patent. See how to get patent protection for your business and design right and registration.

    Copyright search

    If you want to use original creative work you should find out whether it is covered by copyright. Read about copyright for your business.

    Infringing someone else's rights could be costly, so it is worth getting professional help from a trade mark or patent attorney if you find yourself in that situation.

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Part of My New Business

Start your business checklist

Show all

Intellectual property checklist for start-ups

In this guide:

  • Different types of intellectual property

    Understand what intellectual property is, the different types that exist, and how to use IP to protect your ideas, products and business

    Intellectual property (IP) exists in many forms. From the name of your business to an innovative new process or product, IP can help you stand out from your competitors, enhance your market value and turn ideas into profit-making assets.

    Examples of intellectual property

    Your business may already have a range of IP. IP can be any of the following:

    • brands and logos
    • product names
    • inventions and products
    • original software
    • designs
    • shape and appearance of a product
    • music
    • books
    • poems
    • paintings
    • photography
    • other kinds of creative work

    IP can be very valuable and should be protected. The type of IP protection you can get depends on what you have created.

    Types of intellectual property rights

    There are four main types of IP rights:

    • patents
    • trade marks
    • copyright
    • designs

    It is important to understand exactly how these different types of IP rights can apply to your business. Browse our detailed guides on patents, trade marks, copyright and design to find out more about each.

    Find out what IP you own

    If you own a business, you likely own some type of IP. You can carry out an intellectual property audit to determine what IP assets you have and their value to your business.

    To get a better understanding of IP and how to manage it, you can also use the Intellectual Property Office's IP for Business toolkit. It offers:

    • IP Equip tool - covering four main types of IP rights
    • IP Health Check tool - offering a confidential report tailored to your business
    • B2B toolkit - an IP checklist for businesses wishing to collaborate with others
    • IP for investment tool - for IP-rich businesses that are seeking equity finance to grow

    You can also watch the IPO's video below to gain a greater understanding of IP basics.

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  • Advantages of protecting intellectual property

    There are many benefits to protecting intellectual property assets of your business - find out why you should take steps to secure your IP rights

    Intellectual property (IP) rights protect genuine business assets that can be vital to your products or services, or the success and profitability of your business.

    There are many advantages to securing your intellectual property rights. 

    Enhance the market value of your business

    IP can generate income for your business through licensing, sale or commercialisation of protected products or services. This can, in turn, improve your market share or raise your profits. In case of sale, merger or acquisition, having registered and protected IP assets can raise the value of your business.

    Turn ideas into profit-making assets

    Ideas on their own have little value. However, IP can help you to turn ideas into commercially successful products and services. Licensing your patents or copyright, for example, can lead to a steady stream of royalties and additional income that can boost your business' bottom line.

    Market your business' products and services

    IP is essential in creating an image for your business. Think trade marks, logos or the design of your products. IP can help you differentiate your products and services in the market and promote them to your customers.

    Access or raise finance for your business

    You can monetise your IP assets through sale, licensing or using them as collateral for debt financing. As well as this, you can use your IP as an advantage when applying for public or government funding, eg grants, subsidies or loans.

    Enhance export opportunities for your business

    IP can increase your competitiveness in export markets. You can use brands and designs to market goods and services abroad, seek franchising agreements with overseas companies, or export your patented products.

    While some IP rights are automatic, others will need formal application and registration before you can claim them. Read more about the different types of intellectual property and the importance of protecting them.

    You can also watch the Intellectual Property Office's video below that explains why IP is important to your business.

    Help
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    Protecting intellectual property
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  • How to protect intellectual property

    Advice to help you protect your intellectual property and plan your business’ IP strategy

    Most businesses create and own some type of intellectual property (IP). Depending on what you create, you can use patents, trade marks, design right and registration, or copyright to protect your intellectual property assets.

    Different rules apply to different types of intellectual property.

    Protection through patents

    Patents protect inventions, including the features and processes that make things work. You have to apply for and register a patent to secure protection. See more on IP rights: patents.

    Protection through copyright

    Copyright protects published artistic work, including writing, film, music and computer software. Unlike most other forms of IP, copyright applies automatically when the work is first published. Read more about IP rights: copyright.

    Protection through trade marks

    Trade marks are signs that distinguish between goods and services (eg words, logos, brand names, pictures, shapes, sound etc). You don't have to register a trade mark to use it, but registration grants you exclusive rights for its use. Read more about IP rights: trade marks.

    Protection through designs

    A design refers to the features of shape, configuration, pattern or ornamentation that give a product its unique appearance. You can protect designs through automatic unregistered design rights or design registration. Find out more about IP rights: designs.

    Other types of IP protection

    Depending on the IP assets that you wish to protect, you may also want to look at:

    Find more tips and advice on protecting intellectual property.

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  • IP rights: patents

    What is a patent, how to apply for one, and how to use and enforce it to protect your business' intellectual property

    Patents are one of the four basic intellectual property (IP) rights. Patents protect the methods and processes that make things work. There are strict rules that determine what you can and can't patent.

    Can you patent an idea in the UK?

    You cannot patent an abstract idea. You must be able to put the idea into practice, eg turn it into an invention, in order for it to be patentable.

    You can only patent an invention if it is:

    • new - not already known to the public before the date a patent is applied for
    • inventive - not an obvious modification of what is already known
    • capable of industrial application - ie can be made or used in any kind of industry

    For examples of what you can and can't patent, see can I patent my idea or invention.

    How do you get a patent?

    To protect your right to exclusive use of your invention, you must apply for a patent. Patent application procedures can be complicated and take significant time. Some inventions may need more than one patent to secure full protection. You may also need to seek patent protection in more than one territory.

    Find out how to apply for a patent.

    Patent attorneys can help you search for existing patents, prepare patent applications and make sure that you are not infringing anyone else's intellectual property rights.

    Patents are a valuable form of intellectual property, and like all property, you should protect them. If you have a patent and someone uses it without permission, you have the right to claim for compensation. Read more about patent protection and enforcement.

    For a quick introduction to patents, watch the Intellectual Property Office video below.

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  • IP rights: copyright

    What is copyright, when does it apply, and how you can use it to protect your intellectual property

    Copyright is an automatic intellectual property (IP) right that you get when you create an original piece of written or recorded literary, dramatic, musical or artistic work.

    Copyright applies to any medium and can cover many types of work. If you create a lot of original work, copyright can generate important income for your business.

    Find out more about copyright for your business and read about your economic rights from owning copyright.

    How to use copyright?

    If you own a copyright, you can decide whether to:

    • allow other businesses or people to use the copyrighted work
    • allow work to be copied, adapted, published, performed or broadcast
    • allow other businesses to use work for a royalty or licence fee
    • sell the copyright

    If someone you employ creates copyrighted work for you during their normal course of employment, you will own the copyright unless you agree otherwise. It is possible for two or more people to be joint creators and/or joint owners of the copyright.

    See more on contractors and copyright.

    How can you copyright your work?

    Unlike most other IP rights, you don't have to apply for copyright. There is also no official register of copyright holders in the UK. To help protect your work and identify yourself as the owner of the copyright, you should mark it with:

    • the © symbol
    • the name of the copyright owner
    • the year in which the work was created

    Find out more about managing your copyright.

    For a quick introduction to copyright, watch the Intellectual Property Office video below.

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  • IP rights: trade marks

    What are trade marks, and how to register trade marks to protect your brand, products or business

    Trade marks are common intellectual property (IP) assets. They are signs used in trade to identify products and services in the market, or the business that supplies them.

    What can be trademarked?

    Trade marks can take many forms. They can be:

    • symbols
    • logos
    • words
    • names
    • colours
    • gestures
    • a combination of these elements

    You may not be able to register all your identifying marks as trade marks. There are rules on what makes acceptable marks - see what is a trade mark.

    What does having a trade mark mean?

    For nearly all businesses, trade marks are highly valuable. They can protect your brand, prevent counterfeiting and fraud, and increase your recognition in the market place.

    You can register your trade mark to get exclusive rights to use, licence, franchise or sell it. Trade marks are territorial rights, so bear in mind you may need to protect your mark in multiple markets if you trade overseas. See how to register a trade mark.

    How to protect your trade marks

    Whilst you don't have to register your trade mark to use it, registration will give you the strongest protection. If someone is using your registered trade mark without authorisation on competing or related goods or services, this may constitute trade mark infringement.

    Read more about protecting registered trade marks.

    Even without registering your trade mark, you may still be able to take action against someone who uses your mark on their goods or services without your permission. This is known as 'passing off'.

    For a quick introduction to trade marks, watch the Intellectual Property Office video below.

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  • IP rights: designs

    An overview of design as an intellectual property asset and advice on how to use unregistered and registered designs to secure your IP

    Designs protect the visual appearance of a product or a part of a product. This appearance can be affected by shape, contour, arrangement, textures, materials and colours.

    There are two ways of protecting designs in the UK: unregistered designs and registered designs.

    Unregistered designs

    Unregistered designs protect:

    • the shape and configuration of a 3-dimensional object (this is known as 'design right')
    • the appearance of a 2-dimensional or 3-dimensional product (this is known as 'supplementary unregistered design right' or 'continuing unregistered community design' if you made your design public in the UK or the EU before 1 January 2021 )

    Registered designs

    Registered designs protect any aspect of your design, for example the product's appearance, shape, configuration and decoration.

    There are important differences between unregistered and registered designs:

    • registration gives you the right to prevent others from using your design for up to 25 years, provided you renew your registered design every five years
    • design rights are automatically protected in the UK for whichever ends first – either 10 years after the design was first sold or 15 years after it was created
    • supplementary unregistered design right is protected in the UK for 3 years from the date you make your design public

    Registration also makes taking legal action against infringement and copying more straightforward. See how to register a design.

    Your design can be an important business asset and - since you can sell or license it - an additional source of revenue. See more about the advantages of protecting your design.

    For a quick introduction to registered designs, watch the Intellectual Property Office video below.

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  • Intellectual property checklist for start-ups

    Step-by-step checklist of things you should consider when protecting the intellectual property of your new business

    Even the smallest of start-ups may have intellectual property (IP) worth protecting. From your business name to the innovative design of your product, you will have assets that set you apart from other businesses in the market. The importance of these IP assets will only grow as your business matures, so it is important to get things right from the start.

    This checklist provides an overview of some of the key IP considerations for start-up businesses and the steps you should follow when setting out.

    1. Carry out clearance searches

    Before you invest time and money in building up your business under a particular name, check that this name isn't already in use. Search for trade marks that are in use, both registered and unregistered, and remember to check names as well as logos. This will help avoid unnecessary conflict with any pre-existing rights. Find out how to search for trade marks.

    2. Check if a domain name is available

    Before you decide on your trade mark, you may want to check if a suitable domain name is available. You will want one that relates to your chosen trade mark and hasn't already been taken up. You may want to check for and register variants of your chosen domain name. This may help you avoid some common domain name and trade mark conflicts.

    3. Register your trade name, brand and logo

    Registration will help you to secure your rights and protect your assets from misuse. Trade marks are territorial, so you will need to register them in territories that are relevant to your business. Find detailed guidance on trade marks.

    4. Identify other types of IP assets you may have

    As well as trade marks, you may have other types of intellectual property worth protecting. For example, design assets that you can register or innovative processes and equipment which you can patent. Carry out an intellectual property audit to help you identify the IP that you have and its value to your business.

    5. Keep information confidential

    Take care not to disclose information about any new ideas or inventions before you've applied for protection. This is especially important when it comes to patents, as disclosure can make your application invalid. Consider different ways of securing confidential information - for example, through non-disclosure agreements.

    6. Protect your unregistered IP

    Certain rights arise automatically - ie you don't need to apply for protection. For example, copyright and unregistered design rights. Since there is no registration with these rights, it may be difficult to prove ownership or argue infringement if someone is misusing your rights. It's good practice to keep documented evidence about the creation of your work to prevent possible conflict in the future.

    7. Avoid infringing other people's rights

    If you wish to use IP rights that you don't own, make sure that you seek necessary permissions in advance. You can license the rights or buy them outright. Take great care not to infringe other people's rights, since this can lead to reputational damage, legal action as well as potential fines and penalties.

    See more on protecting intellectual property.

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Trade secrets

In this guide:

  • Trade secrets

    What are trade secrets and how can you use trade secrets to protect your intellectual property

    Trade secrets are valuable business assets. Businesses can use them alongside other intellectual property rights - including patents, designs, trade marks and copyright - or as an alternative to them, to provide a competitive advantage in the marketplace.

    As long as you don't disclose them, trade secrets have an infinite lifetime.

    Definition of a trade secret

    A trade secret is information that:

    • is not be generally known or readily accessible
    • has value because it is secret
    • is subject of reasonable steps to keep it secret

    Different types of trade secrets

    Trade secrets come in various forms and consist of a wide range of confidential information, such as:

    • commercial data
    • technological information
    • product information

    They can exist in many different types of business activities, including:

    • sales and distribution
    • understanding of customers and their needs
    • marketing or advertising
    • working with suppliers and clients
    • manufacturing processes

    Examples of trade secrets include the Coca-Cola recipe, search engine algorithms, customer lists or sales methods.

    Using trade secrets

    You may use trade secrets to protect an invention that does not meet the patentability criteria, or to protect the information you don't want to disclose. For example, the ingredients and/or formulation of foodstuff, pharmaceutical product or perfume, which would be difficult for someone else to find out simply from examining the product itself. In these cases, a trade secret might provide the right kind of protection.

    However, bear in mind that trade secrets do not guarantee exclusivity or prevent someone else from inventing the same (or similar) product or process, independently of you.

    Trade secrets infringement

    The best way to protect an idea may be to keep it secret. However, you may find it difficult to keep a trade secret confidential within your business. If it is necessary to disclose information (or parts of it) to partners or other people in your business, make sure that everyone involved signs a non-disclosure agreement (NDA).

    If, after signing the NDA, they share the information with other people without your permission, you can sue them for breach of confidence.

    To establish that a breach of confidence has taken place, the following all have to be present:

    • the information must have a quality of confidence to it
    • there must have been an obligation of confidence, whether express or implied
    • there must have been unauthorised use of the information

    Other unfair practices in respect of trade secrets include industrial or commercial espionage and breach of contract.

    Protecting trade secrets

    Measures and remedies to protect trade secrets vary across the world. In the UK, trade secrets are governed by the Trade Secrets (Enforcement, etc.) Regulations and protected by contract and/or the common law of confidence.

    International standards for protecting trade secrets exist as part of the World Trade Organisation's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

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  • Confidentiality agreements

    How to use confidentiality agreements to protect your business when sharing secret information with others

    If you invent something that you plan to patent, you should not disclose your invention to the public before filing a patent application. Any disclosures that you make - no matter how small - become part of the 'prior art' and could invalidate your application.

    Disclosing confidential information

    You can freely discuss your invention with your qualified lawyer, solicitor and patent agent. This is because what you say to them is legally privileged and in confidence. They are professionally obliged not to tell anyone else, so the information will not become public knowledge.

    However, if you need to discuss your invention with other people before you apply for the patent, a confidentiality agreement or a non-disclosure agreement (NDA) may be helpful.

    For example, an NDA may be beneficial when you speak to potential partners like investors, manufacturers or stockists, or even someone providing you with a service or advice such as accountants, financial advisers, insurance brokers or marketing agencies. Don’t assume such conversations are automatically confidential.

    Non-disclosure agreements

    An NDA is a legal contract between two parties. Depending on what is agreed, an NDA could protect only information which is recorded in some form and marked 'confidential' or it can also protect the information you share in meetings or presentations. Either way, an NDA should restrict the use of the ideas and information to a specific permitted purpose.

    NDAs can be:

    • one way - if only you are disclosing information
    • mutual - if both parties are disclosing information

    NDAs will not suit every situation, and you should think carefully about what is included. Ideally, consult a qualified lawyer or patent agent for advice if you are thinking about talking to anyone else about your invention.

    Read more on non-disclosure agreements.

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  • Company name as intellectual property

    How your company name can work as a unique identifier to form important intellectual property

    It is a common misconception that registering a company name at Companies House gives you unrestricted rights to this name when it comes to trade marks and web domains. This is simply not the case. They are three different forms of protection, administered by different organisations that operate independently of one another.

    IP in company names

    A company name identifies a legal entity. It has to conform to certain regulations and rules for naming a business.

    Registration of a company name at Companies House prevents others from registering an identical name or one sufficiently similar to cause confusion. It does not, however, prevent others from selling goods or services under an identical or a similar name. It also does not automatically provide trade mark protection and exclusivity, or the right to an associated domain name.

    IP in trade marks

    A trade mark is different from a company name. In the UK, you can register a trade mark with the Intellectual Property Office. There are rules and regulations about what you can register.

    A trade mark can be more than just a business name. It can be a product or service name, a logo, colour, shape or any combination of these. Registering a trade mark creates a legal right which:

    • grants the owner exclusive rights to the use of the mark in relation to the goods and services that it has been registered for
    • prevents another business from using a name that is the same or similar to that of the registered mark (unless they have been given express permission)

    If a business is incorporated under a name which is identical or similar to a previously registered trade mark, and that company provides similar goods or services, the owner of the registered trade mark may be entitled to bring an action for trade mark infringement.

    IP in domain names

    A domain name is the unique address that identifies the location of a website on the internet. Domain names are issued on a first-come, first-served basis by various Internet registration authorities around the world.

    Incorporating a new company under a specific name does not provide you automatic rights to a matching domain name. It's good practice to check the name availability for any domains, as well as trade marks, before registering at Companies House.

    If you use a domain name that is identical or similar to another person's registered trade mark, then you potentially risk infringing the trade mark, especially if the domain name relates to the same or similar goods or services. See more on domain name and trade mark conflicts.

    Protecting your company name

    Businesses often use all three elements - the trade mark, the domain name and the company name - to promote their products and services. Before you form a new company or begin trading, make sure that you:

    • check availability of the chosen name at Company House
    • check availability of associated trade marks
    • check availability of associated domain names

    Once you're satisfied that the name you have chosen is available and does not infringe any previous rights, you should take steps to protect it. As with any legal processes, it's always worth getting professional or legal advice from the experts.

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  • Database right

    Databases can be valuable commercial assets - you can protect their structure through copyright or their content through the sui generis database right

    Databases are protected under law through copyright and 'sui generis' or database right. Both are automatic, unregistered rights that allow the owner to control certain uses of their database.

    Copyright protection for databases

    Copyright protects the selection or arrangement of material in a database where this is original, ie creative. Depending on the nature of the content within the database, the content itself:

    • may be subject to individual copyright protection (eg an article)
    • may not constitute intellectual property (eg raw data or values)

    If you are creating or using a database that includes individual copyright material, you may need to seek the permission of the copyright owners to use their work.

    Copyright protection for databases in the UK and EEA has not changed after 1 January 2021. The UK and all EEA member states are members of international treaties on copyright that ensure eligible works (eg databases that are original) are protected in all treaty countries.

    Database rights

    Database rights protect the contents of a database. A database does not have to be original for it to qualify for database rights, but there needs to have been a substantial investment in obtaining, verifying or presenting the data.

    In business, database rights may apply, for example, to:

    • customer lists
    • sales records
    • business contacts
    • extracts from research reports, etc

    Database rights from 1 January 2021

    Database rights were introduced by the EU Database Directive. Only databases made by EEA nationals, residents or businesses are eligible for protection under the database right.

    UK citizens, residents, and businesses are not eligible to receive or hold database rights in the EEA for databases created on or after 1 January 2021.

    Database rights that exist in the UK or EEA before 1 January 2021 (whether held by UK or EEA persons or businesses) will continue to exist in the UK and EEA for the rest of their duration. These rights are guaranteed under the Withdrawal Agreement. If you wish to use databases protected by these rights, you will continue to need the permission of the right holders.

    UK owners of databases created on or after 1 January 2021 will need to consider whether they can rely on alternative means of protection in the EEA - for example licensing agreements or copyright, where applicable.

    For more information, see sui generis database rights from 1 January 2021.

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  • Protecting plant varieties with Plant Breeders' Rights

    How new varieties of plant and seeds are protected by Plant Breeders' Right

    Plant Breeders' Rights (PBR) are a form of intellectual property (IP) designed specifically to protect new varieties of plants.

    To get these rights, your plant variety must be:

    • distinct - have different characteristics to other plants of the same species
    • uniform - all plants in the variety must share the same characteristics
    • stable - it remains unchanged after 'repeated propagation', eg reproduction from seeds, cuttings, bulbs or other plant parts

    You can register your right in the UK or in the EU.

    Plant variety rights in the UK

    Plant varieties with registered rights in the EU before 1 January 2021 have been given a corresponding UK right. These plant varieties will have continued protection in the UK.

    Change of details
    If you want to change any details of your plant variety, contact pvs.helpdesk@apha.gov.uk with your request and EU grant number. The UK will continue to use the EU grant number for any correspondence.

    Plant variety rights in the EU

    There is no change in protection in the 27 EU Member States.

    Varieties with EU rights granted before 31 December 2020 have been given a corresponding UK right from 1 January 2021. From this date, EU PBRs no longer apply in the UK.

    If you've already applied for EU rights, but these were not granted before 1 January 2021, you must apply to the Animal and Plant Health Agency (APHA) for protection in the UK using the UPOV PRISMA online application process.

    For new varieties, you’ll need to apply separately in the UK and the EU. You must apply to the:

    UK businesses can still hold and apply for EU plant variety rights from 1 January 2021, although you'll need an address or procedural representative in the EU.

    Who can apply for PBR?

    You can only apply for PBR if you've bred, discovered or developed a plant variety, or if you've been chosen by the breeder as their successor.

    You can appoint an agent to manage the application process if they are authorised. They'll need to complete an authorisation of agent form. If the applicant or agent applying isn't based in the UK, you will need to appoint an authorised UK agent.

    All applications for UK Plant Breeders Rights must use the UPOV PRISMA online application process. There are fees associated with applying for PBRs.

    Application closing times
    You can apply for PBR anytime. If you want to be included in a specific year’s test and trials, the application closing dates for agricultural and vegetable crops are the same as the closing dates for National Listing. Find details on the PBR application closing dates.

    How rights can protect your plant varieties

    Your rights mean that nobody can use your plant species, without your permission, for:

    • production or reproduction
    • selling or offering for sale
    • altering so it can be propagated
    • exporting or importing
    • keep stock of your plant species for any reason

    Your rights last for 25 years (or 30 years for trees, vines or potato varieties).

    To apply for the rights, you must name your variety. The same name will usually be used in the UK and all EU member states if the variety is accepted. You can give up your rights at any time and rights may be terminated if the variety no longer fulfils its criteria.

    You must add new plant varieties to the UK's national lists if you want to market them. Check if your plant variety needs to be registered on GB and NI variety lists.

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  • Conditional access technology

    How conditional access technology enables you to allow access to encoded broadcasts

    Conditional access technologies prevent unauthorised use of services by a consumer. Typically, they are used in digital transmissions, for example in digital broadcasting, to protect revenue and intellectual property (IP).

    Conditional access relies on scrambling and encryption of transmissions so that only users who pay for them or subscribe to them can access them.

    The technology usually entails a subscriber management and authorisation system and some type of smart cards and other decoders that decrypt the data once it is authorised for access. Broadcasters sell or rent these machines to the viewers which enables them to view or listen to encrypted programmes.

    It is illegal to make unauthorised copies of smart cards or other decoding equipment, as this deprives the broadcaster of revenue from people who pay for legitimate decoders.

    If someone sells or uses an illegal decoder, they may be committing a criminal offence.

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  • Copy protection devices

    Information on technologies that are available to protect your intellectual property and prevent counterfeiting

    Copy protection devices come in several forms. They are usually digital codes embedded in electronic products which prevent, or frustrate, unauthorised copying.

    Some copy protection systems require an access code before you can copy the product. Others cause unauthorised copies to be unreadable.

    If you sell your digital products with copy protection and similar technical measures, you have the right to take action against anyone who makes or sells systems to get around the protection.

    These rights are similar to those preventing copyright infringement. If someone deals in ways of overcoming copy protection, they may also be committing a criminal offence.

    Other forms of copy protection can include holograms, brand marks and other unique elements on packaging, which identify original products and help to differentiate them from counterfeits. See more on copy protection devices for digital content.

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    Source URL

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