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Trade mark protection does not end at registration, and trade mark enforcement does not need to involve lengthy litigation or extensive legal fees for brand owners. Having a good trade mark enforcement strategy is essential in ensuring that a brand owner’s trade mark not only remains proprietary to them, but that it also does not become vulnerable to genericism.
Intellectual property (IP) created at universities can contribute to economic and social development and can support entrepreneurs in generating income through innovative business ideas. Innovation arising out of university research constitutes a rich source of IP.
“If a man (or woman) invents a new article and protects it by a patent, then during the term of the patent, they will of course have a legal monopoly, but when the patent expires all the world may make the article, and if they may make the article they may say that they are making the article, and for that purpose use the name which the patentee has attached to it during the time when he had the legal monopoly of the manufacture.” - Lord Davey in the case of Cellular Clothing Co v Maxton & Murray
When boards of directors gather to discuss the top risks of an organisation, it may entail matters such as structurally high unemployment, labour unrest, exchange rate volatility, political uncertainty, unmanageable fraud and corruption, threats of new market entrants or even product stagnation. Whilst there are indeed many more topical risks that may be relevant to the nature of the organisation’s business and immediate environment, it is not common for a board to include the threat of their innovation and intellectual property (IP) being marginalised or lost.