To use an existing trade mark you should contact the current owner. Find the owner of a registered trade mark by searching the trade marks database . Licensing A licence is a formal agreement to use someone else’s trade mark. You and the owner must agree the terms of the licence, for example the cost or how long it will last. When you’ve agreed a licence to use the trade mark, fill in the form to record a licensee and post it. The address is on the form. Post an application to remove or amend the record of a licence when the licensing agreement ends or if you need to change it. The owner must sign any form you send, or you must send proof of the agreement with your application. Each application costs £50. Buying You must tell IPO if you become the new owner of a trade mark, for example by buying it or as the result of a company merger. In some cases the owner may only sell you one part of a trade mark, for example they may not sell the right to register derivative marks. This is known as a ‘partial assignment’. Use either: ‘Application to record a change of ownership’ form ‘Application to record a partial assignment of goods and/or services’ form Each application costs £50. Fill in the form and post it. The address is on the form. Coexistence agreements You may be able to use an identical trade mark (for example company name, logo) as someone else by making a coexistence agreement . This means you agree that both of you can continue to use the trade mark.

Contact the owner of the patent to see if they’ll: license it to you sell it to you Search the patent databases to find the current owner. Licensing Any licence arrangement, including cost, is made directly between you and the patent owner. You can ask Intellectual Property Office ( IPO ) for help to resolve patent disputes if you can’t reach an agreement. IPO can’t decide the exact terms of the licence (for example the price) but can decide: what can and can’t be part of a licence if the patent owner must grant you a licence (known as a ‘compulsory licence under a patent’) Licence of right A patent with ‘licence of right’, means that the patent owners will give anyone a licence to use it. You must still agree with the owner on the terms of the licence before you can use the patent. You can ask IPO for help if you can’t reach agreement. Registering your licence Register a licence agreement (or changes to an existing licence, for example cancellation) by filling in Patents form 21 . Send it to the address on the form. You can use the form to record licences on more than one patent. It costs £50 for each form you submit. Buying a patent When someone sells you a patent they must transfer ownership to you. You need a written document to record the transfer. This is known as an ‘assignment’ and must be signed by the person selling the patent. A solicitor can help you draw up this document. Fill in Patents form 21 and return it to the address on the form. Include a copy of your assignment. You can use the form to record licences on more than one patent. It costs £50 for each form you submit.

You can’t copy or use copyright material without permission. For example, you can’t buy a painting and then use copies of it for a book cover, or buy a CD and use a track from it in a film. To use something protected by copyright you must either: agree a licence with the owner to use it buy or acquire the copyright confirm that your intended use falls within the exceptions to copyright Finding a copyright owner A person can give permission if they are: the person who made it (the creator), or their family or heirs the creator’s employer, if it was created it as part of the creator’s job a person who bought, acquired or licensed the rights an organisation representing the copyright owner You may be able to find out who owns copyright from Writers, Artists and their copyright holders ( WATCH ). If you can’t find out who the copyright owner is check if you need a licence to use the work. Licensing You must agree the terms of an agreement with the current owner to use all or part of copyright works. The licence agreement may allow you to use it for one or more specified purposes and may apply only for a limited time or in specific places. Exclusive use You’ll be the only person able to use something for the duration of the agreement. This includes the copyright owner, who won’t be able to use it themselves while the agreement is in place. Limited use You’ll only be given permission to use something for one or more specific reasons, for example publishing a photograph in one edition of a magazine or using a song as the theme for one series of a TV show. You need to agree another licence if you want to use the material for something else. Creative Commons licence Some copyright owners release work under a Creative Commons licence . You must check what kind of use the licence allows. Buying copyright When you buy copyright the person you’re buying from transfers the copyright to you. Once you own the copyright to something you can use it for anything you like, without the creator’s express permission, as long as you respect their moral rights. You must have a written agreement, signed by the copyright owner, stating that they have transferred ownership of the copyright to you. Moral rights The creator may still have certain rights regarding how their work is used even if you’ve bought the copyright. Authors, playwrights, composers, artists and film directors have the moral right: to be recognised as the creator of the work when copies are made available to the public to object to the work being altered in a way that has negative effect on their reputation to not have someone else’s work falsely attributed to them Performers, such as actors or dancers, have the moral right: to be recognised as the performer of the piece to object to the performance being altered in a way that is damaging to their reputation The creator or performer of a piece of work to which you own the copyright must tell you if they want to exercise these rights. They can choose whether or not to use their moral rights. Moral rights can’t be sold or transferred in the same way as copyright. They last for as long as the piece of work is covered by copyright. Performers’ rights Performers, for example in films or broadcasts, may still have ‘economic rights’ to some copyright material, even if you’ve bought the copyright. For example, if you’ve bought the copyright to a filmed recording of a play you may still have to pay the actors if you broadcast it. Permitted use of copyright works You may not need permission if you’re using a copyright work for the following reasons: non-commercial research and private study criticism, review and reporting current events teaching in educational establishments helping disabled people recording for use at a later date You may not need permission if you only want to use a ‘less than a substantial’ part of a copyright protected work. This is decided on a case by case basis. Generally something won’t be less than a substantial part if it could be seen as an important part of the work, for example a frame from a film or the conclusions of a report. Get legal advice from an intellectual property professional before using copyrighted material, if you’re in any doubt. Read the guidance on exceptions to copyright for detailed information.

To use a registered design you must contact the current owner and either agree a licence to use the design or buy it from them. The licence between you and the design’s owner will tell you: what you can do with the design how long your licence will last what you have to pay - if anything You can do anything with a design that you’ve bought. Fill in and send form DF12A to register a licence or transfer ownership of the design - the address is on the form. There’s no fee.

Using somebody else's intellectual property

Overview

You can usually get permission to use someone else’s intellectual property (IP) by buying the rights from them or getting their permission to use it.

Using someone’s trade mark, patent, copyright or design without their permission is known as ‘IP infringement’ and could lead to a fine, prison or both.

Read about IP crime and enforcement for more information on the penalties.

View a printable version of the whole guide

Using somebody else's intellectual property

Overview

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