# Intellectual property overview (England & Wales)

> **Key takeaway:** Copyright automatic (CDPA). Patents/trade marks/designs mainly registration-based. Passing off for unregistered brands (Jif Lemon). Distinct infringement tests per right. Check ownership and Brexit title issues.

- **Jurisdiction:** England & Wales
- **Practice area:** Commercial
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Commercial/intellectual-property-overview
- **Keywords:** intellectual property, copyright, patent, trade mark, passing off, CDPA 1988, designs, infringement

## What is this about?

IP rights protect creations and brands through copyright, patents, trade marks, designs, and related actions (passing off, breach of confidence). Each right has distinct subsistence, ownership, infringement, and remedies rules. This is a map for commercial practitioners, not a substitute for specialist IP advice.

## What is the core rule?

Copyright protects original literary/dramatic/musical/artistic works and other specified categories automatically on fixation (CDPA 1988), without registration. Patents protect inventions meeting novelty, inventive step, and industrial applicability (Patents Act 1977) via registration. Trade marks protect signs capable of distinguishing goods/services (TMA 1994 / UKIPO registration; unregistered rights via passing off). Designs protect appearance (registered and unregistered). Infringement tests and defences differ by right; remedies include injunctions, damages/account, and delivery up.

## What are the elements or test?

1. Which right(s) are claimed?
2. Subsistence/ownership/chain of title?
3. Infringement acts and any licence?
4. Defences (e.g. fair dealing, invalidity, consent)?
5. Interim injunction urgency (American Cyanamid / specialised IP practice)?

## Which authorities matter?

- **Copyright, Designs and Patents Act 1988** — Primary copyright and (in part) designs framework.
- **Patents Act 1977; Trade Marks Act 1994** — Core patent and registered trade mark statutes.
- **Reckitt & Colman Products Ltd v Borden Inc [1990] 1 WLR 491 (Jif Lemon)** — Classic passing-off trinity: goodwill, misrepresentation, damage.
- **Designer Guild Ltd v Russell Williams (Textiles) Ltd [2000] 1 WLR 2416** — House of Lords guidance on copyright infringement assessment.

## How does this apply in practice?

Employee/contractor ownership clauses are critical. EU unitary rights history vs UK rights post-Brexit needs careful title checks. Criminal IP offences exist for counterfeiting/piracy. Pair with confidentiality/breach of confidence for trade secrets.

## What are common pitfalls?

- Assuming ideas (not expression) are copyright-protected
- Missing registered right renewals
- Commissioned works ownership surprises without written assignment
- Over-claiming trade mark monopoly in descriptive terms

## When would a practitioner use this?

Commercial contracts, brand clearance, and first-pass infringement triage.

## Quick reference

Copyright automatic (CDPA). Patents/trade marks/designs mainly registration-based. Passing off for unregistered brands (Jif Lemon). Distinct infringement tests per right. Check ownership and Brexit title issues.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*