Intellectual Property

Capital boasts a team of leading intellectual property lawyers, advising clients on all aspects of IP law including international brand strategy and protection, IP exploitation and dispute resolution. We advise a broad range of organisations from multi-national and £multi-million organisations to new start ups and university spin outs.


Our IP services include:

  • It is important that once your IP is sufficiently protected, measures are put in place to ensure its ongoing protection. It must be made clear who owns the IP within your company and what will happen to that IP in the long term. Continual review of your IP portfolio is vital to ensure that it is up to date and continues to adequately protect your business interests as they evolve.

    Capital Law’s IP experts specialise in:

    • arranging IP audits and proposing recommended changes
    • advising on tailored IP strategies and policies reviewing ownership and the valuation of existing IP portfolios and ensuring they offer full protection.


  • Effective brand management is vital to any business seeking to benefit from the goodwill it generates. After all, your brand is what makes your business stand out from the competition.

    A brand strategy that works for one business will rarely work for another. We tailor our brand management advice to our clients’ specific needs and objectives.

    There are a range of measures that can be adopted to effectively manage your
    business’ brand, including:

    • ensuring consistency in the use of your brand by others
    • securing appropriate and effective trade mark protection for any name, logo, strap line, shape, colour or even sound that is synonymous with your business
    • ensuring that your website domain name portfolio is complete and effectively policed
    • exploiting your brand through the effective negotiation and drafting of:
      – merchandising agreements
      – assignments
      – licenses
      – franchise agreements
      – sponsorship agreements
      – media contracts
    • monitoring and policing infringement of your brand.

  • licensing and assignments

  • Whilst the protection of your business’ IP portfolio is essential for your own use, it is also important to maximise the potential value of that IP by appreciating and exploiting the value in its use by others. We can assist you in identifying and quantifying the economic value of your IP portfolio and advise you in the best way to exploit it.

    Our IP experts regularly advise on and deal with the transfer of IP rights, ensuring that all IP issues are tackled with expertise.

    Capital Law’s IP experts specialise in:

    • advising on IP related aspects of corporate transactions, including mergers and acquisitions, investments and joint ventures
    • managing the sale and purchase or IP and licence agreements through effective contracts ensuring due diligence is performed within corporate transactions appropriately to ensure all IP is adequately protected
    • reviewing the ownership and valuation of existing IP portfolios to ensure they offer full protection.

  • We are experts in handling all types of IP disputes, including:

    • trade mark infringement claims
    • passing off claims
    • copyright infringement claims
    • UK and European registered and unregistered design right infringement claims
    • Patent Infringement claims
    • domain name disputes (including the policing and pursuit of cybersquatters and typosquatters)
    • disputes involving the theft of confidential information.

    We adopt a pragmatic and commercial to approach to all IP disputes. We regularly handle emergency injunction applications, and are equally comfortable utilising alternative and cost effective forms of dispute resolution, such as mediation.

    Our contentious IP lawyers deal with matters in a range of different forums including the UK IPO, OHIM and the Intellectual Property and Enterprise Court in London. We are also experienced in resolving domain name disputes before the World Intellectual Property Organisation (utilising their UDRP procedure).


  • Whether you are an IT company supplying your customers, or a customer sourcing IT support, we can help. Capital Law act for a number of IT companies and other clients in protecting their IP and in putting in place robust contractual arrangements relating to IT systems and support, including:

    • IT Services Agreements including transition services, set up services and managed services
    • contractual agreements for electronic point of sale (EPOS) systems and smart payment card systems
    • software integration agreements
    • joint venture agreements between software/IT businesses
    • end user licence agreements (EULAs) tailored to specific projects
    • software applications licence agreements
    • Software as a Service (SaaS) agreements
    • managed services support agreements
    • hosting agreements
    • framework agreements including website, app and software design and development, support and hosting services
    • linking agreements.


  • The growth of the internet over the last decade has meant that even the smallest businesses can now reach a worldwide customer base.

    Web based businesses are subject to a huge amount of regulatory legislation which dictates the way in which they are able to trade online. It is imperative that your business not only complies with the laws governing e-commerce, but also takes steps to ensure that it is fully protected against the unlawful actions of other web users.

    It is important to sort out ownership rights in the early stages to ensure you own your website, and all IP rights in it, and that you can port your website if needed.

    Our IP experts have considerable experience in advising clients on all aspects of “internet law”, including:

    • compliance with regulatory requirements relating to e-business and e-marketing
    • the protection of database rights and confidential information
    • compliance with the Data Protection Act
    • resolving domain name disputes
    • website terms of usage, terms and conditions, privacy policies,


  • Copyright and design rights play a fundamental role in protecting the work that you have created. It is important that all businesses, even those that would not normally be considered ‘creative’ in nature, ensure that they have adequately protected their ‘works’.

    We can advise you on:

    • the different forms of rights your business might own, such as copyright, UK and European registered and unregistered design rights
    • what level of protection can and should be obtained
    • the steps which can be taken to enforce your copyright and design rights
    • any moral rights you or any other party may have in a particular piece of work (for example, the author’s right to be identified as the creator of works even when the author no longer owns the copyright)
    • database rights and related rights in computer programs the protection of business know how, trade secrets and confidentiality.


  • Every business generates Intellectual Property (“IP”). Ensuring it is adequately managed and protected can often be complex and costly.

    To help SMEs protect their goodwill, brand and other rights included in their IP portfolio, the Intellectual Property Office (“IPO”) has introduced the IP Audits Plus Scheme which provides
    qualifying businesses with access to funding of up to £2,600 towards an IP Audit. You can access this funding by contributing £400¹.

    What is an IP Audit?

    An IP Audit can be conducted by an IP professional. It provides you with a tailored assessment of the IP within your business to help you develop appropriate IP management strategies. Its results are particularly useful if you are an innovative and/or high growth SME and your success is largely dependent on maximising the value of your IP.

    How to apply?

    To be considered for an IP Audit, you need to engage with one of the IPO Partners’ business support schemes. The Partners will advise you whether the Audit is applicable to you. The Partners will also manage and submit an application to the IPO on your behalf.
    Once your application is accepted by the IPO, you will be able to choose an IP professional to conduct the Audit.

    How can we help?

    We are IP professionals and can conduct the IP Audit for you.
    Our work can cover a wide range of areas, including:
    • identification of your current IP portfolio (registered and unregistered rights)
    • a review of IP clauses in your commercial and employment contracts
    • an assessment of what potential you have for registering your IP
    • recommendations on how to manage your IP portfolio to maximise its value
    • advice regarding any potential risk of infringement.

    Following the conclusion of the IP Audit, we can discuss our recommendations with you at a one-hour meeting free of charge.


  • Technology advances so quickly that it is essential that our clients get their new products to market as quickly as possible whilst ensuring that all IP rights in the products are properly protected.

    Capital Law’s IP experts have considerable experience in advising technology based businesses on a range of matters, including:

    • securing appropriate Patent, Design Right, Copyright and Trademark protection
      and dealing with any subsequent infringement
    • R&D development agreements, the commercialisation of university spin-outs,
      licensing and assignment of IP and regulatory considerations
    • digital licensing, database rights and computer software
    • confidentiality, know-how and trade secrets
    • data protection issues.


Here are some examples of the work we’ve been involved in:

  • Providing key on-site support to The Royal Mint on the formulation, implementation and regulation of its IP strategies.
  • Providing advice to the British Medical Association on a number of trade mark infringement matters and delivering training to the BMA’s in-house lawyers and key personnel.
  • Acting for Enterprise Insurance against Enterprise Rent a Car in a complex High Court trade mark infringement dispute.
  • Advising a leading perfumery wholesaler and distributor in a highly contentious trade mark infringement matter against Proctor & Gamble.
  • Advising Cardiff City Football Club regarding design right and copyright in its shirts and merchandise generally.
  • Acting for Svendsen Sports A/S in a High Court patent and trade mark infringement matter
  • Acting for the University of South Wales in relation to a trade mark infringement claim.

The leading lawyers in the team are:

Wayne Beynon, Nicola McNeely, Guto Llewelyn, Declan Goodwin