Enhancing UK Intellectual Property Protection: Fueling innovation And
Economic Growth
Abstract
This paper explores the present situations of protection for inventions and their branding under UK’s national
and international intellectual property rights ecosystems. The inventions and branding fall under the category
of intellectual property but they are not well protected under the current legal framework. The UK has taken
some measures to align its trade secrets laws with the EU Trade Secrets Directive but still needs effective ways
to protect other forms of intellectual property. There are prolonged and costly legal disputes because of the
ambiguity in the law. It is essential for the UK to adopt and utilize robust intellectual property laws for
providing an appropriate protection for inventions and their branding and it is suggested by this paper. By
focusing on the Patent Act, Trademarks Act, and the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS), this paper also depicts the national protection for patents and trademarks. It analyzes
how the efficiency of the UK’s laws, specifically the Patent Act 1977 and Trademarks Act 1994, and highlights
the loopholes such as lacking of specific provisions for trade secrets. The paper concludes that, to protect
innovation, create economic incentives to invest in research and development, it is needed to make balance
innovation and competition, and prevent unfair practices, legal framework for trade secrets.
Keywords: Inventions, Branding, Intellectual Property Rights Ecosystems, Not well protected
Introduction
Invention refers to something that has never been made before, or
the process of creating something that has never been made before.1 And the term ‘branding’
means the collection of elements, both tangible and intangible, that make up the full identity
of an organization and its offering.2 So, invention and their branding means, in general, a
collection of tangible or intangible elements that creates the full identity of something that
never been created before. Falling under the category of an intellectual property 3, invention is
1
invention. (2024, January 17). https://dictionary.cambridge.org/dictionary/english/invention
2
Guide to Intellectual Property: What is a Brand? (2024). National Inventors Hall of Fame®.
https://www.invent.org/blog/intellectual-property/brand-definition
3
What is Intellectual Property (IP)? (n.d.). https://www.wipo.int/about-ip/en/#:~:text=Intellectual%20property
%20(IP)%20refers%20to,and%20images%20used%20in%20commerce
1|Page
legally protected under intellectual property laws both at national and international levels.
The rights intellectual property laws confer are called Intellectual Property Rights which
serve as fundamental legal mechanisms for the protection of intellectual property. Some of
the national and international mechanisms for the protection of such rights in the United
Kingdom, are the Patent Act, Trademarks Act, and the Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS).4 The legal framework provided by these instruments
aims to encourage innovation, fair competition, and cross-border collaboration as well as
ensuring that the rights of creators and inventors are recognized and protected. 5 However,
there are several loopholes in the protection mechanisms of inventions and their branding in
the UK and requires significant improvement. Although the UK has taken some measures to
align its trade secrets laws with the EU Trade Secrets Directive, it still lags behind in
protecting other forms of IP. One of the major challenges in protecting inventions and their
branding is the ambiguity in the law, which mostly results in prolonged and costly legal
disputes.6 Therefore, it is essential for the UK to adopt and enforce stronger IP laws that
provide better protection for inventions and their branding.
National Protection for Patents & Trademarks
The reasons why the Intellectual Property Rights (IPR) was established are to protect the
discoveries and symbols which are unique in terms of nature is a crucial matter. It is included
patents and trademarks in IPR and it serves as a legal mechanism for ensuring international
safeguarding. In the UK, these rights are protected through national laws and international
treaties such as the Patent Act, Trademarks Act, and the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS).These rights are protected by national laws
and global treaties like The Patent Act, Trademarks Act, and the Agreement on Trade-
4
Munari, F., & Oriani, R. (2011, October 1). The Economic Valuation of Patents. Edward Elgar Publishing.
http://books.google.ie/books?id=ztq5BNFnIDUC&printsec=frontcover&dq=Alexander+Brem,+Petra+A.
+Nylund,+Emma+L.+Hitchen,+Open+innovation+and+intellectual+property+rights:
+How+do+SMEs+benefit+from+patents,+industrial+designs,+trademarks+and+copyrights
%3F+2017,+Management+Decision,+Vol.+55+No.+6,+pp.+1285-1306&hl=&cd=1&source=gbs_api
5
Conley, J. G., Berry, J. D., DeWitt, L., & Dziersk, M. (2008, April). Inventing Brands: Opportunities at the
Nexus of Semiotics and Intellectual Property. Design Management Review, 19(2), 58–66.
https://doi.org/10.1111/j.1948-7169.2008.tb00119.x
6
Fuller, D. (2010, October 6). Innovation Policy and the Limits of Laissez-faire. Springer.
http://books.google.ie/books?id=ABp_DAAAQBAJ&pg=PA143&dq=Henry+Chesbrough,
+The+Logic+of+Open+Innovation:+Managing+Intellectual+Property,
+California+Management+Review+2003,+Volume+45,+Issue+3,+p.+33&hl=&cd=1&source=gbs_api
2|Page
7
Related Aspects of Intellectual Property Rights (TRIPS). The legal framework aims
Encouraging innovation, fair competition, and cross-border collaboration, also ensuring the
recognition and defense of creators and inventors' rights are important that is why the legal
framework emerged. The intentions behind the key points which are discussed below are to
depict the efficiency of UK’s laws which are the Patent Act, 1977 and Trademarks Act, 1994.
The Patent Act 1977
Protection of AI Generated Inventions
Regarding this matter and importance to amendment to protect the AI generated Inventions,
there are no specific provisions. The possible policy options which include legislative
changes, to safeguard AI-generated inventions that do not meet current inventions criteria,
will be consulted by the IPO on a range.
The aim is to support and incentivize AI-generated innovation while ensuring transparency
in the innovation process. The specific guidelines for patentability in the context of AI
inventions are expected to be clarified and enhanced by the UK’s Intellectual Property Office
(IPO) in the future.8
7
Council for Trade-Related Aspects of Intellectual Property Rights. (n.d.). United States Trade Representative.
https://ustr.gov/trade-agreements/wto-multilateral-affairs/-world-trade-organization/council-trade-related-
aspects-in#:~:text=The%20WTO%20Council%20for%20Trade,matters%2C%20and%20carries%20out%20the
8
Davies, C. W. (2021, March 29). UK patent and copyright law reform considered for AI age. Pinsent Masons.
https://www.pinsentmasons.com/out-law/news/uk-patent-copyright-law-ai-age
3|Page
Trade Secret
The Patent Act of 1977 deals with patents and lacks specific provisions for trade secrets.
Trade secrets are generally protected by common law and contractual agreements. A legal
framework for trade secrets is important to protect innovation, create economic incentives to
invest in research and development, balance innovation and competition, and prevent unfair
practices.9 This legal protection helps maintain confidentiality and prevents unauthorized
disclosure of business information, such as manufacturing processes and business strategies.
The United States is known for its patent system, and it has a huge number of patents granted
every year. In comparison to the USA these are the problems regarding efficiency of UK
laws.
While both the UK and the USA have legal frameworks in place to protect trade secrets, there
are subtle differences between their respective laws. The USA has adopted the Uniform
Trade Secrets Act (UTSA) in many states, while the UK primarily protects trade secrets
through common law and equitable principles. 10 Both jurisdictions require reasonable steps to
maintain the secrecy of the information, and criminalization of trade secret theft is possible in
the UK. The DTSA in the USA allows for ex-parte seizure orders, which is not commonly
available in the UK. Public policy considerations, such as balancing trade secret protection
with fair competition, are a factor in both countries. It is important to consult the latest legal
provisions and case law for the most accurate and up-to-date information on trade secret
protection in both countries.
Problems regarding implementation:
The problems regarding implementation of such are as follows:
• The insertion of subsections and the numbering error in the Constitutional Reform Act 2005
led to confusion in the numbering of sections, including section 97(4)
9
The role of national intellectual property laws in promoting innovation, scientific and technological
development. (2017, October 2). Commonwealth Law Bulletin, 43(3–4), 471–488.
https://doi.org/10.1080/03050718.2017.1470798
10
Kerr, O. S. (2001, January 1). Searching and Seizing Computers and Obtaining Electronic Evidence in
Criminal Investigations. http://books.google.ie/books?id=R86lyJvMz8YC&printsec=frontcover&dq=Alpert ,+F.
+(1993),+%22Breadth+of+overage+for+Intellectual+Property+Law:
+Encouraging+Product+Innovation+By+Broadening+Protection%22,+Journal+of+Product+
%26+Brand+Management,+Vol.+2+No.+2,+pp.+5-17.&hl=&cd=1&source=gbs_api
4|Page
• Failure to comply with directions given by the comptroller within 14 days may result in the
comptroller authorizing another person to carry out the necessary actions on behalf of the
non-compliant party
• Exploitation of inventions may be prohibited by certain laws, which can pose challenges to
implementation
• Threats of infringement proceedings can be actionable, but there are exceptions for certain
actions such as making a product for disposal or using a process.
Trademarks Act, 1994 (UK)
Trade Secret
By safeguarding confidential business information and practices which provides a
comparative advantage. The provided sources do not specifically mention trade secrets, but
they do discuss the protection of intellectual property rights and the prohibition of
unauthorized use or disclosure of certain signs or goods.11
Visual design and aesthetic of a product:
Trademarks can be used to protect the visual design and aesthetic elements of a product. They
can be portrayed in various forms such as logos, packaging, labels etc. Registered trademarks
provide exclusive rights to use and prevent others from using similar visual designs or
aesthetics. This kind of use may cause harm to the consumers when they become confused or
by misrepresentation of the brand.12 The use of signs identical or similar to registered
trademarks on packaging, labels, or advertising materials can be considered an infringement.
The affixing of signs identical or similar to trade marks on packaging or offering goods for
sale under such signs can also be considered an infringement. The registrar maintains a
register of trademarks, which includes information about the visual design and aesthetic
elements of registered marks. In the Act, it is discussed the protection of trademarks and the
use of signs in relation to goods and packaging.
11
Poticha, D., & Duncan, M. W. (2019, March). Intellectual property—The Foundation of Innovation: A
scientist’s guide to intellectual property. Journal of Mass Spectrometry, 54(3). https://doi.org/10.1002/jms.4220
12
LAS VEGAS SANDS CORP., a Nevada corporation, Plaintiff, v. UKNOWN REGISTRANTS OF
www.wn0000.com, www.wn1111.com, www.wn2222.com, www.wn3333.com, www.wn4444.com,
www.wn5555.com, www.wn6666.com, www.wn7777.com, www.wn8888.com, www.wn9999.com,
www.112211.com, www.4456888.com, www.4489888.com, www.001148.com, and www.2289888.com,
Defendants. (2016, December). Gaming Law Review and Economics, 20(10), 859–868.
https://doi.org/10.1089/glre.2016.201011
5|Page
Conclusion and personal opinion
While both the UK and the USA have legal frameworks in place to protect trade secrets, the
UK's legal provisions on patent rights still need significant level of improvements. The Trade
Secret(Enforcement, etc.) Regulation 2018 has been implemented by the UK., which aligns
with the EU Trade Secrets directive. To provide better protection for discoveries there is still
chance to adopt and improve its intellectual property rights laws in UK.
To stay competitive in the global market by the UK, it is imperative that it stay up to date
with the constantly changing legal landscape around intellectual property rights. In
conclusion, the UK has established legislative frameworks to handle this issue because it
recognizes the value of protecting intellectual property rights. But in some cases, like AI-
generated inventions and trade secrets, the current legal framework may need to be updated
to keep up with the quickly changing technological environment. Artificial intelligence-
generated inventions provide a distinct difficulty since they straddle the boundaries of
conventional creativity. As of right now, the inventor is identified by the UK Intellectual
Property Office (UKIPO) as the individual who has made the essential preparations for the AI
to generate the invention.
6|Page
References
1. invention. (2024, January 17).
https://dictionary.cambridge.org/dictionary/english/invention
2. Guide to Intellectual Property: What is a Brand? (2024). National Inventors Hall of
Fame®. https://www.invent.org/blog/intellectual-property/brand-definition
3. What is Intellectual Property (IP)? (n.d.).
https://www.wipo.int/about-ip/en/#:~:text=Intellectual%20property%20(IP)%20refers
%20to,and%20images%20used%20in%20commerce
4. Munari, F., & Oriani, R. (2011, October 1). The Economic Valuation of Patents.
Edward Elgar Publishing. http://books.google.ie/books?
id=ztq5BNFnIDUC&printsec=frontcover&dq=Alexander+Brem,+Petra+A.+Nylund,
+Emma+L.+Hitchen,+Open+innovation+and+intellectual+property+rights:
+How+do+SMEs+benefit+from+patents,+industrial+designs,
+trademarks+and+copyrights%3F+2017,+Management+Decision,+Vol.+55+No.
+6,+pp.+1285-1306&hl=&cd=1&source=gbs_api
5. Conley, J. G., Berry, J. D., DeWitt, L., & Dziersk, M. (2008, April). Inventing
Brands: Opportunities at the Nexus of Semiotics and Intellectual Property. Design
Management Review, 19(2), 58–66. https://doi.org/10.1111/j.1948-
7169.2008.tb00119.x
6. Fuller, D. (2010, October 6). Innovation Policy and the Limits of Laissez-faire.
Springer. http://books.google.ie/books?
id=ABp_DAAAQBAJ&pg=PA143&dq=Henry+Chesbrough,
+The+Logic+of+Open+Innovation:+Managing+Intellectual+Property,
+California+Management+Review+2003,+Volume+45,+Issue+3,+p.
+33&hl=&cd=1&source=gbs_api http://books.google.ie/books?
id=ABp_DAAAQBAJ&pg=PA143&dq=Henry+Chesbrough,
+The+Logic+of+Open+Innovation:+Managing+Intellectual+Property,
7|Page
+California+Management+Review+2003,+Volume+45,+Issue+3,+p.
+33&hl=&cd=1&source=gbs_api
7. Council for Trade-Related Aspects of Intellectual Property Rights. (n.d.). United
States Trade Representative. https://ustr.gov/trade-agreements/wto-multilateral-
affairs/-world-trade-organization/council-trade-related-aspects-in#:~:text=The
%20WTO%20Council%20for%20Trade,matters%2C%20and%20carries%20out
%20the
8. Davies, C. W. (2021, March 29). UK patent and copyright law reform considered for
AI age. Pinsent Masons. https://www.pinsentmasons.com/out-law/news/uk-patent-
copyright-law-ai-age
9. The role of national intellectual property laws in promoting innovation, scientific and
technological development. (2017, October 2). Commonwealth Law Bulletin, 43(3–
4), 471–488. https://doi.org/10.1080/03050718.2017.1470798
10. Kerr, O. S. (2001, January 1). Searching and Seizing Computers and Obtaining
Electronic Evidence in Criminal Investigations. http://books.google.ie/books?
id=R86lyJvMz8YC&printsec=frontcover&dq=Alpert ,+F.+(1993),+
%22Breadth+of+overage+for+Intellectual+Property+Law:
+Encouraging+Product+Innovation+By+Broadening+Protection
%22,+Journal+of+Product+%26+Brand+Management,+Vol.+2+No.+2,+pp.+5-
17.&hl=&cd=1&source=gbs_api
11. Poticha, D., & Duncan, M. W. (2019, March). Intellectual property—The Foundation
of Innovation: A scientist’s guide to intellectual property. Journal of Mass
Spectrometry, 54(3). https://doi.org/10.1002/jms.4220
12. LAS VEGAS SANDS CORP., a Nevada corporation, Plaintiff, v. UKNOWN
REGISTRANTS OF www.wn0000.com, www.wn1111.com, www.wn2222.com,
www.wn3333.com, www.wn4444.com, www.wn5555.com, www.wn6666.com,
www.wn7777.com, www.wn8888.com, www.wn9999.com, www.112211.com,
www.4456888.com, www.4489888.com, www.001148.com, and www.2289888.com,
Defendants. (2016, December). Gaming Law Review and Economics, 20(10), 859–
868. https://doi.org/10.1089/glre.2016.201011
8|Page
