Celebrating World IP Day with Pure Ideas
World IP Day 2025 is a momentous occasion for all of us here at Pure Ideas. As intellectual property (IP) experts, we relish the opportunity to dive deeper into the fascinating world of IP and share our insights with you.
This year, our talented team of IP specialists have come together to discuss some of the more abstract yet intriguing aspects of IP protection.
Trade Mark Protection: Beyond the Basics
Danielle Malone, our fantastic Trade Mark Attorney, explores the often-overlooked world of non-traditional trade marks. While many people think of trade marks as just brand names or logos, Dannielle sheds light on the broader spectrum of protectable brand identifiers.
“When you think of a trade mark, you’d often think of a brand name or a fancy logo. But did you know you can also protect ‘non-traditional’ or ‘unconventional marks’ as well? These typically include shapes, sounds, smells, colours, patterns, and movement marks,” Dannielle explains.
Here are some examples of non-traditional trade marks:
- Sound marks: Intel’s iconic jingle.
- Smell marks: darts with flights that smell of lager!
- Motion marks: Goal celebrations, most recently Chelsea player and England International Cole Palmer applied to trade mark his iconic “cold” celebration. You can find out more about Palmers application here.
- Colour marks : Cadbury purple, T-Mobile’s magenta.
- Shape marks: Coca Cola world famous bottle shape.
- Pattern marks: Burberry’s check pattern.
Why protect these marks? If something, whether it’s a sound, colour, shape, or smell, is unique to your brand and helps people recognise it, it’s worth protecting! For example, if your business uses a specific colour that everyone associates with you, you can protect it as a trade mark. This way, no one else can use it and confuse your customers.
AI and Patents: Navigating Uncharted Waters
Nat Stott, Patent Attorney at Pure Ideas, is passionate about Artificial Intelligence (AI) and has successfully obtained patents for AI inventions.
- AI is a new and evolving area in patent law, raising many interesting questions:
- Can AI be named as an inventor on a patent?
- Who owns a patent when the invention is solely created by AI?
- Does using an open-source or public AI system to generate a patent specification count as a prior public disclosure, potentially invalidating your patent application?
- Does AI constitute patentable subject matter?
UK patent law says that “a program for a computer… as such” is not patentable. This means if the only new thing is the program itself, it can’t be patented. However, this has led to many controversial decisions.
A recent case involved an AI system trained to recommend music based on descriptions and song analysis. Initially, the Patent Office refused it as just a computer program. The High Court disagreed, saying the AI was more than just a program. However, the Court of Appeal reversed this decision, and the applicant is appealing again, highlighting the importance of emerging AI uses in the global economy.
Interestingly, the applicant already obtained a patent for the method of training the AI, which requires a lot of technical work. They want to prove that the trained AI should also be patentable, as it functions as a usable product.
Copyright: The Overlooked IP Right
Unlike patents, which typically last up to 20 years, and registered designs, which last up to 25 years, copyright can last for over 100 years. For artistic and literary works, copyright lasts for the life of the creator plus 70 years.
During Margaret Thatcher’s era in 1988, a special clause in the Copyright Designs and Patents Act 1988 granted perpetual copyright to J.M. Barrie’s Peter Pan, ensuring royalties for Great Ormond Street Children’s Hospital indefinitely. This unique provision, influenced by the efforts of both James Callaghan and Margaret Thatcher, allows the hospital to continue benefiting from the work’s performances and adaptations.
To preserve your copyright in the UK, it’s crucial to keep good records of your original works. Mark them with the traditional © symbol, the owner’s name, and the year of creation. Be aware of any agreements you enter into with third parties, such as publishers, filmmakers, or music producers. They may try to take ownership of your copyright to have full control over your work. Know the value of your work before you accept a fee and give up your rights!
Copyright battles are common in the performing arts industry. Check out some of our historic blogs on Deadpool vs Wolverine® and Doctor Who®. If you want to learn more about the challenges copyright poses for creators and performers, stay tuned for our upcoming podcast with performer, filmmaker, and author Dean Foy.
How Can Pure Ideas Help?
As we commemorate World IP Day, it’s crucial to recognise the diverse and multifaceted nature of IP protection. From trade marks and patents to copyright, each aspect plays a vital role in safeguarding creativity and innovation.
At Pure Ideas, we are committed to helping you navigate these complexities and protect what matters most to you. Give us a call or email to find out how our experts can help.