Intellectual Property Rights For Charities

• Published date: 02 November 2021
• Subject Matter: Corporate/Commercial Law, Intellectual Property, Charities & Non-Profits , Copyright, Trademark
• Law Firm: Haseltine Lake Kempner LLP
• Author: Mr Luke Jones

Intellectual property rights (IPRs) are a key cornerstone of many successful businesses. The headline-grabbing use of IPRs can often be associated with big brands embroiled in litigation over patent and trademark infringement, or even high profile music artists associated with infringing copyright. However, almost all businesses own IPRs in one form or another. Understanding and utilising IPRs can be crucial to a business's success.

Charities are one such sector that should be aware of the power of IPRs. IPRs can be an important asset for a charity to help secure donations and funding. However, charities may not appreciate the ways in which they may obtain IPRs and how they can be enforced. Below we highlight some of the more relevant IPRs that the charity sector should be mindful of.

Trademarks

Charities rely on donations from the public to provide funding for vital work. As such, ensuring that the name and brand of a charity is protected from being used and/or associated with other work is essential, particularly if such work is detrimental to the charity's public image.

Registering a trademark can provide a charity with such protection. A registered trademark can give the charity the exclusive right to prevent others from using their trademark in a particular business area. A trademark can be anything which distinguishes the charity from another business, most commonly the charity name or logo. A registered trademark is obtained through an application to the UK Intellectual Property Office (UKIPO).

The trademark registration can be used to prevent use of the trademark in work that can damage a charity's brand. For example, if a charity discovers that their name is being used on an unethical product, they may use a trademark registration to prevent the use of their name on such products.

Registering a trademark early in the inception of a charity is important because it can prevent other businesses from registering the same trademark. For example, a charity may perform good work under a particular name or logo, only to later find that they may be prevented from carrying on such work using the same name or logo, due to a conflicting trademark registration. This may result in the charity choosing to undergo a rebrand or trying to obtain the already registered trademark, both of which can be costly.

Copyright

Charities regularly produce articles, research reports and fundraising materials. These, and other similar literary works, can be protected by...