A Guide to Intellectual Property for Charities
For many busy charitable organisations the main focuses will involve actively working in pursuance of its objects and purposes and fundraising. The commercial value and importance of an organisation’s intellectual property (IP) can therefore be overlooked. However, IP is an asset with commercial value and should be protected.
This guide delves into the types of IP and initial steps to be considered to make sure charities are protecting and getting the most out of its IP.
Understanding IP
Intellectual property is a result of creativeness, such as inventions, literary and artistic works, music, designs and trade marks. For charities, IP is an integral part of the organisation, allowing you to set your charity apart from others and to ensure the delivery of your message.
Types of IP
Trade marks ™ are signs, logos, or expressions that distinguish goods or services of one organisation from another. For charities, a strong trade mark can protect your brand and build trust with your supporters. Registering your charity’s name and logo as trade marks prevents others from using similar marks that could confuse donors or beneficiaries.
Copyright © protects original literary, artistic, and musical works. For charities, this can include brochures, reports, journals, blog posts, photographs, videos, and more. Copyright arises automatically upon the creation of these works. As the creator you can say when and how the works are used e.g. copied, rented, performed or adapted.
Design rights protect the appearance of a product, including its shape, configuration, and pattern. It can be registered or unregistered. Registering design rights is advised to ensure maximum protection and control.
While less common for charities, patents protect new inventions and processes. If, say, your charity develops an innovative product (e.g. medical devices) or technology, securing a patent can prevent others from exploiting your invention without permission.
Protecting your charities IP
The key is to remember that IP is an asset. As with any asset, such as bank accounts and property, a charity’s trustees are duty bound to safeguard and manage an organisation’s IP in order to support the charity and further its purposes.
So, as a first step, makes sure that you own your IP. This is particularly important for trade marks and copyright. It might be an obvious statement, but IP may be generated by its key employees which will, as a general rule, belong to the charity when carried out in the course of business. However, care needs to be taken when engaging third parties to create IP e.g. freelance photographs or videographers, volunteers etc that are not directly employed. In those cases the charity should consider obtaining assignments of IP from these third parties to ensure that the IP is appropriately transferred to the charity.
Similarly, your charity may enter into a collaboration arrangement with a third party funder. Again, you should be mindful to ensure that any arrangement is documented in an agreement which stipulates the use and ownership of IP so as to avoid problems down the line.
Ensuring that your IP is protected (and where possible, registered) helps maintain the integrity of your brand and prevents misuse that could damage your reputation. Legal protection also enables you to take action against those who infringe on your rights.
What steps should a charity take?
- Conduct an IP audit and put policies in place to monitor and catalogue the outcome
Identify all the IP the charity holds and where possible cataloguing this so it is clear to the organisation and its employees about what IP it owns, how the IP can be or has been used. It can also be useful to keep a note of registration dates that need monitoring e.g. trade marks need renewing every 10 years.
By cataloguing and monitoring, you and your employees can also understand the rights and IP held when entering into any third party commercial partnerships. Regularly monitoring the use of your IP online and offline. If you discover any infringement, take prompt action. This could range from sending cease-and-desist letters to pursuing legal action if necessary.
- Register trademarks/designs
For logos, names, and unique designs, apply for trade mark and design registration. This provides legal recognition and strengthens your ability to enforce your rights.
- Use copyright notices
Clearly mark your publications and media with copyright notices to assert your ownership. While copyright is automatic, these notices remind others of your rights.
Summary
Protecting your charity’s IP is not just about legal compliance; it’s about preserving your brand’s integrity and ensuring your message reaches those who need it most. At Shakespeare Martineau, we are committed to helping charities navigate the complexities of intellectual property law. By taking proactive steps to safeguard your charity’s IP, you can focus on making a difference in the world.
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