Legal Advice and Services (Intellectual Property Solicitor Portadown)
In an increasingly knowledge-driven business environment, intellectual property (IP) is a key consideration in day-to-day business decisions. Intellectual property is one of the key considerations effecting all IT-enabled companies and knowledge-based industries. The exploitation, protection and enforcement of IP rights especially in high-tech companies is a key aspect of a company’s measure of success or failure.
Few businesses have the luxury of ignoring the shift in the way the world does business and the emphasis on delivering value not just from physical assets but from intangible capital.
Why do you need to protect your idea? (Intellectual Property Solicitor Portadown)
The development of the internet has seen new software innovations, domain name real estate and the growth of businesses specialising in website development. The innovations are often worth considerable sums of money and should be protected like any other assets.
What can we do? (Intellectual Property Solicitor Portadown)
We can help you interpret and advise in the areas of law which apply to the internet. We advise clients on business contracts, intellectual property and data protection. We understand the how the internet works.
We are solicitors who understand business, skilled and approachable solicitors .We will add value to your business. We will ensure that your interests are fully protected by advising you of your rights and obligations.
OUR SKILLS COVER A BROAD RANGE OF MATTERS
- Commercialising intellectual property rights, which includes copyright, patents, trademarks, anti-counterfeiting & piracy, digital rights management, know-how, confidential information, and trade secrets.
- Securing IP rights, such as buying and selling intellectual property rights, auditing IP assets, structuring licensing strategies, negotiating and drafting contracts, advising on joint ventures, advising on competition law, framework distribution and agency agreements.
- Brand protection, such as trade mark and design registrations in Europe and the UK, and implementing anti-piracy measures.
- Enforcing intellectual property rights, by detecting and preventing infringements of rights and using alternate dispute resolution methods and commercial litigation. Also, implementation of anti-counterfeiting programmes to mitigate against the effect of counterfeiting.
Such is the broad application of IP rights, it affects all manner of intellectual capital; in fact in any creative field. In recent years this importance has been recognised by legislative reform, seeing the introduction of moral rights and database rights.
Our focus is protecting intellectual property within the business, aiming for legal certainty and the enforcement of rights. The intellectual property vesting in creative work may have different ends to different business; it may mean a superior way of doing business; increased business agility; increased productivity or competitive edge; increased shareholder value; increased customer satisfaction and loyalty, increased revenues, and reduced costs.
Many new products or services embody different types of IP. Forward-looking enterprises face the challenge of extracting the latent value of their intellectual property and using it effectively in their business strategy. Companies that dedicate time and resources to protecting their intellectual property may increase their competitiveness in a variety of ways.
Intellectual property protection helps in: (Intellectual Property Solicitor Portadown)
- Preventing competitors from copying or closely imitating a company’s products or services;
- Avoiding wasteful investment in research and development (R&D) and marketing
- Creating a corporate identity through a trademark and branding strategy
- Negotiating licensing, franchising or other IP-based contractual agreements
- Increasing the market value of the company
- Acquiring venture capital and enhancing access to finance
- Obtaining access to new markets
Effective IP management is more sophisticated than simply protecting inventions, trademarks, designs, or copyright. It is the ability to commercialise inventions, market brands, license know-how, conclude franchising or joint ventures and other contractual agreements involving intellectual property. IP is also a legal right that contributes to the balance sheet.
When IP rights are not enforced good innovation may be lost to competitors who reap the benefit of the product or service, leaving the innovator without reward. Adequate protection is about deterring infringement. Intellectual property protection enables companies to profit from their innovative capacity, cyclically funds further innovation.
As international cooperation increases as it has done over recent years creation, commercialisation, management, maintenance, protection and enforcement becomes more accessible to businesses. We draw on our experience and expertise to assist our clients overcome these obstacles and take advantage of the intellectual property system and the benefits it has to offer. Small and medium size businesses account for more than 70 percent of the production of goods and services. Effective use by business of IP assets is a key factor in creating and maintaining the market edge and superior tools of the trade.
Our lawyers are well positioned to analyse ownership of intellectual property assets within a company, to earmark those assets for future use. When IP assets are known, it allows a company to safeguard the value of assets that underlie the true value of the business; account for those assets on balance sheets; and focus attention on assets that are available for raising finance, licensing or sale. For those firms where inventions, new technology, software and product designs are key, protecting intellectual property is absolutely central to value creation.
In the context of fund raising, mergers and acquisitions financiers are looking for enforceable IP rights – they start by casting a critical eye over the IP and the degree that it may be protected.
T.D. Gibson & Co are acutely aware of the central role that intellectual property may take in commercial transactions.
As an indication of the breadth of our experience, we have acted and advised on matters that encompass the suite of intellectual property rights including intellectual property licensing, including data content, databases, software and distribution rights, structuring corporate entities to safeguard IP and joint ventures, marketing of IP, piracy, and contractual compliance.
Each company has different business goals. If the goal is to maximise profits, the main aim is simply to maximise profit margins then the strategy must involve the protection of the products, processes or services which are identified as being most relevant to those margins.
If the goal is to penetrate new markets then the policy may involve generating new IP to gain access to dominant players’ markets.
Perhaps the intention is merely to realise cash rewards for a significant research and development investment which can be achieved by licensing.
We have an impressive track record for clients across industry sectors including: (Intellectual Property Solicitor Portadown)
- Internet Service Providers
- Media
- Entertainment
- Publishing
- Property
- Manufacturing
- Travel
Trade Marks (Intellectual Property Solicitor Portadown)
Our trade mark experience and service includes preventative legal advice with the aim of avoiding instances of trade mark infringement; advising and lodging applications for registration through to litigation in asserting legal rights and defending those rights. We have advised on:
- Applications in multiple jurisdictions
- Prospects of success in infringement proceedings
- Meeting Opposition proceedings in Trade Mark Registries
- Trade mark licenses
- Protecting business, trade and brand reputation
Copyright (Intellectual Property Solicitor Portadown)
We have advised on:
- Addressing copyright ownership in commercial contracts
- Breaches of licensed use
- Advised on appropriate action in litigation & infringements
- Framed copyright licences for special projects and joint ventures
- Publishing contracts
- Provisions of providing content in online broadband media
Patent Rights (Intellectual Property Solicitor Portadown)
We have:
- Advised on patentability of new inventions
- Provided opinions on likelihood of infringement of innovations of existing inventions on international registers
- Advised on patentability of software
- Advised on options to avoid infringement in new inventions and innovation
Designs
- Assessing registrability of designs
- Lodging applications
- Commercialisation advice
- Legal advice on infringement of design rights
Misuse of Confidential Information & Trade Secrets
- Advising in what circumstances confidential information may be used in spite of contractual restraints
- Drafting non-disclosure agreements
- Addressing employees’ misappropriation of confidential information
- Applications for injunctions preventing unlawful disclosure of confidential information
If my you have any questions and want an immediate response please contact our Mr Kevin Neary who is happy to answer your questions by return of email to kevinneary@jphlaw.co.uk.
Licensed to practice in both Northern Ireland and the Republic of Ireland
A vital extra dimension to all these services is that, since we are licensed to practice in both Northern Ireland and the Republic of Ireland, we are uniquely placed to advise the increasing number of businesses choosing to pursue commercial projects on both sides of the border.
Being licensed to practice in both Northern Ireland and the Republic of Ireland, we provide high-quality, all-Ireland legal services to business. Our Strategic location in the city of Portadown near the border and within easy reach of Belfast and Dublin also offers obvious advantages.
Whatever your requirements then – acquisitions to restricting, from property to inward investment – our professional approach and practical advice ensure that you maximise your business opportunities while avoiding the pitfalls.
YOUR TEAM
Educated at St Colman’s College in Newry, Kevin graduated from University College Dublin in 1982 with a degree in Law (BCL).
He graduated from Queen’s University Belfast with a Certificate of Professional Legal Studies in 1984 and was admitted to the Roll of Solicitors in Northern Ireland in 1984. He was later admitted to the Roll of Solicitors in the Republic of Ireland in 1992, as well as in England and Wales in 2008. He qualified as a Solicitor Advocate in 2013. He is also a certified Mediator.
Kevin has worked at Donnelly Neary & Donnelly since he was admitted to the Roll in 1984 and has been a partner in the firm since 1988.
Kevin is a Notary Public, and is currently the President of the College of Notaries in Northern Ireland. He is also a Trusts and Estates Practitioner (TEP) of the Society of Trust and Estate Practitioners (STEP) and a member of the NI Commercial Property Lawyers Association. Kevin currently acts as Treasurer for the Irish Legal History Society and is Deputy Chair of the Statutory Committee for the Pharmaceutical Society of Northern Ireland.
Kevin has experience in all areas of practise; however, Kevin specialises in commercial property, as well as in general conveyancing, trusts and wills.
Kate Ervine graduated from Queen’s University and completed her degree in Law & Accountancy in 2006 and Trust & Estate Administration in 2009.
Kate was formerly employed by two provincial firms before joining the practice in August 2007. Kate specialises in Conveyancing, Administration of Estates; contentious Probate; Will drafting; Agricultural law and Taxation. Kate is a member of the Society of Trust and Estate Practitioners.
Michael graduated in law with LLB Hons from Queens University Belfast in 1985 He works with JPHLAW as well as being the Principal of Campbell & Grant in Newry.
Michael’s legal expertise includes conveyancing, criminal law, commercial property acquisition, sales development, residential property development, licensing, planning, trusts, inheritance tax, wills and estates both in Northern Ireland and in the Republic of Ireland.