The findings of the study showed that British manufacturing SME’s are less knowledgeable about the value within their IP such as patents, design rights and trade marks, compared with companies in the technology service sector, such as gaming and entertainment.

The survey was commissioned to align with the launch of the government’s five-year Intellectual Property Strategy, to recognise the global growth in IPR and to educate UK plc about intellectual property.

Since then the MTA has been working with its partners to aid UK manufacturers in looking after their IPR and we continue to do so. Information is so important in these circumstances and knowing how to leverage your IPR can be a real asset.

Registered designs  

For example, registered designs are an intellectual property right which can be used to control the import and export of counterfeit and other infringing goods into the EU, and across its internal borders. Significantly, EU customs authorities can be asked to impound products infringing an EU registered design as they cross EU borders.

Registered designs can be hugely valuable and registration is very low cost. In 2011 a German court granted an EU wide injunction on the basis of a registered design. Registration of that design probably cost a few thousand euros, yet the estimated impact of that injunction was in excess of 100 million euros.

The potential impact of these rights on export/import trade therefore should not be overlooked. Registration should be considered whenever the commercial value of a new product is associated with its appearance.

Another way manufacturing businesses can leverage their IP is through licencing it out to a third party. This can allow a business to scale by generating income from their IP without the need to make large capital outlay on tooling, facilities and labour. In addition, the ability to offer cross-licensing deals is often the most cost effective solution to any IP dispute. If a business does not have IP of its own, neither option is available to them.

Typically, companies file patent applications in their key markets, and in the countries where their manufacturing facilities are located. It is no surprise therefore that the UK ranks so highly (sixth in the entire world) for the total number of granted patents.

However, a recent study by The UK Intellectual Property Office (UKIPO) found that 93% of those UK patents are owned by foreign companies. UK markets and UK manufacturing capability are clearly of value, and foreign companies are investing heavily in UK patents to ensure their competitive edge in both. UK companies who don’t hold IP may also be at a disadvantage when it comes to cross-licencing.

IPR breakfast meeting

On the 15^th November the MTA and Mathys & Squire will be co-hosting a breakfast meeting for our members and other UK manufacturers at Mathys & Squire London offices. This breakfast meeting will shine a light on what UK companies can do to protect themselves and monetise their IPR. It is so important that UK manufacturers protect and invest in their innovations – and we aim to give them the tools to do so.