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Intellectual Property

Mark Serby & John Baddeley from our IP team advise on all aspects of Intellectual Property.

Overview of Copyright

Copyright seeks to protect the form of expression of ideas and not the ideas themselves as such (ideas may be protected by confidentiality or be a Patent). The primary purpose of copyright law is to reward authors for the creation of original works, that is, works where the author has expended independent effort to create the work.

Click here to read more on Copyright

Overview of Design Right

Design right protects the appearance of a purely functional product. Examples of items protected by design right are functional articles with no aesthetic appeal such as agricultural tools. Different parts of the same article may or may not be protected: in the case of a hot water bottle, for example, design right might extend to particular features of the bottle such as its shape, the shape of the nozzle or a combination of these features, but it would not apply to any printed pattern on the surface of the bottle which was there only as decoration.

Click here to read more on Design Right

Overview of Passing Off

The “classic form” of passing off involves a three-part test. This “classical trinity” test was described by Lord Oliver in the Jif Lemon case (Reckitt & Colman Products Ltd v Borden Inc [1990] UKHL 12):

  • A goodwill or reputation attached to the goods or services.
  • A misrepresentation by the defendant to the public (whether or not intentional) leading or likely to lead the public to believe that the goods or services offered by him are the goods or services of the claimant.
  • Damage to the claimant, by reason of the erroneous belief engendered by the defendant’s misrepresentation that the source of the defendant’s goods or services is the same as the source of those offered by the claimant.

Click here to read more on Passing Off

Overview of Patents

A patent enables its owner to exploit the patented technology exclusively, either on its own account or by licensing the technology to third parties. Patents can be extremely valuable assets, especially in certain sectors, such as pharmaceuticals, biotechnology, industrial chemicals and electronics, and particularly if the patentee is prepared to invest the time and money necessary to protect them.

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Overview of trade marks

  • A valuable commercial asset.
  • Commercially exploitable.
  • Relatively easy to protect and enforce.
  • A deterrent to infringers.
  • Renewable indefinitely.

Click here to read more on Trade Marks

Our Team

Mark Serby
Director

John Baddeley
Director

Our Clients Say

Please click on any of the links below to see our client’s testimonials.

James Lindsay - Royal Vauxhall Tavern

"Royal Vauxhall Tavern is a small independent commercially viable trading entity and needed the professional and expert advice to defend opposition to my registered trademarks. My company had already appointed a Sheffield base company on accountancy matters and when Wake Smith were recommended I was introduced to Mark Serby who instantaneously grasped the opposing position and with his professional knowledge, focused and calming approach he started to set the strategy to defend my position. This was a complex case which has taken almost two years to resolve. The grounds for opposing both trade mark applications failed and it is my belief that the triangular approach from me as client, Mark representing Wake Smith and the barrister Anna Edwards-Stuart a London based IP barrister that the trust and confidence engendered led to an outstanding determination in defending the opposition claim. I have every confidence in Wake Smith and look forward to a long term and trusting professional relationship with them."

James Lindsay - Royal Vauxhall Tavern

News & Events

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Get expert legal advice from one of Sheffield’s most respected law firms, Wake Smith Solicitors.

Our team of friendly, professional solicitors in Sheffield can provide support and advice in a wide range of areas for you and your business. Call our Solicitors in Sheffield on 0114 266 6660 or fill out the simple form below and we will get back to you as soon as possible. 

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S1 4BY
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