Intellectual property (“IP”) is all about ideas and creativity, which IP law protects from unfair exploitation. In 2002 Guernsey’s legislature introduced new legislation which gave Guernsey a suite of cutting-edge IP rights.

When you are starting up a business, one of your key issues will be deciding on your ‘brand’ image- what kind of logo will you have and in what colours. A logo or ‘trade mark’ can be a very powerful way of distinguishing your business from your competitors. However, when choosing your brand it is important to check that you aren’t going for something which is already being used by another business: if you do, you could find yourself being sued for trade mark infringement or passing-off.

Once you’ve chosen your brand, consider registering a trade mark with Guernsey’s IP Office. Full details and application forms can be found online at http://ipo.guernseyregistry.com/ccm/portal/.

IP laws also protect the right to copy material (hence, ‘copyright’), such as your photographs, artwork, brochure text and other literary or artistic output which is created by your business or your employees. Although you will generally own copyright material which employees create for you in the business, this isn’t the case for people you ask to supply works to you e.g. a photographer or web designer. Make sure your agreement with them contains a written agreement to transfer copyright to you.

IP law also protects collections of information such as databases e.g. your client or supplier lists. If you do find that an employee or competitor has ‘ripped off’ your database, Guernsey’s legislation allows you to take action against them. 

Guernsey also offers protection to inventions by allowing patents registered elsewhere in the world to be registered here. This can be especially useful if you have computer software or business method inventions which cannot generally be patented in Europe.

More information on IP can be found on our website or at the Guernsey IP Office’s website.